Federal Register / Vol. 81, No. 53 / Friday, March 18, 2016 / Proposed Rules 14813 

3. Regulatory Flexibility Act 

This proposed rule authorizes state 

requirements for the purpose of RCRA 

3006 and imposes no additional 

requirements beyond those required by 

state law. Accordingly, I certify that this 

rulemaking will not have a significant 

economic impact on a substantial 

number of small entities under the 

Regulatory Flexibility Act (5 U.S.C. 601 

et seq.). 

4. Unfunded Mandates Reform Act 

Because this rulemaking approves 

pre-existing requirements under state 

law and does not impose any additional 

enforceable duty beyond that required 

by state law, it does not contain any 

unfunded mandate or significantly or 

uniquely affect small governments, as 

described in the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4). 

5. Executive Order 13132: Federalism 

Executive Order 13132 (64 FR 43255, 

August 10, 1999) does not apply to this 

proposed rule because it will not have 

federalism implications (i.e., substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government). 

6. Executive Order 13175: Consultation 

and Coordination With Indian Tribal 

Governments 

Executive Order 13175 (65 FR 67249, 

November 9, 2000) does not apply to 

this proposed rule because it will not 

have tribal implications (i.e., substantial 

direct effects on one or more Indian 

tribes, or on the relationship between 

the Federal Government and Indian 

tribes, or on the distribution of power 

and responsibilities between the Federal 

Government and Indian tribes). 

7. Executive Order 13045: Protection of 

Children From Environmental Health 

and Safety Risks 

This proposed rule is not subject to 

Executive Order 13045 (62 FR 19885, 

April 23, 1997), because it is not 

economically significant as defined in 

Executive Order 12866 and because the 

EPA does not have reason to believe the 

environmental health or safety risks 

addressed by this action present a 

disproportionate risk to children. 

8. Executive Order 13211: Actions that 

Significantly Affect Energy Supply, 

Distribution, or Use 

This proposed rule is not subject to 

Executive Order 13211 (66 FR 28355, 

May 22, 2001), because it is not a 

significant regulatory action as defined 

in Executive Order 12866. 

9. National Technology Transfer 

Advancement Act 

EPA approves state programs as long 

as they meet criteria required by RCRA, 

so it would be inconsistent with 

applicable law for EPA, in its review of 

a state program, to require the use of any 

particular voluntary consensus standard 

in place of another standard that meets 

the requirements of RCRA. Thus, the 

requirements of section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply to this proposed 

rule. 

10. Executive Order 12988 

As required by Section 3 of Executive 

Order 12988 (61 FR 4729, February 7, 

1996), in issuing this proposed rule, 

EPA has taken the necessary steps to 

eliminate drafting errors and ambiguity, 

minimize potential litigation, and 

provide a clear legal standard for 

affected conduct. 

11. Executive Order 12630: Evaluation 

of Risk and Avoidance of Unanticipated 

Takings 

EPA has complied with Executive 

Order 12630 (53 FR 8859, March 18, 

1988) by examining the takings 

implications of the rulemaking in 

accordance with the Attorney General’s 

Supplemental Guidelines for the 

Evaluation of Risk and Avoidance of 

Unanticipated Takings issued under the 

executive order. 

12. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and Low 

Income Populations 

Because this rulemaking proposes 

authorization of pre-existing state rules 

and imposes no additional requirements 

beyond those imposed by state law and 

there are no anticipated significant 

adverse human health or environmental 

effects, the proposed rule is not subject 

to Executive Order 12898 (59 FR 7629, 

February 16, 1994). 

List of Subjects in 40 CFR Part 271 

Environmental protection, 

Administrative practice and procedure, 

Confidential business information, 

Hazardous materials transportation, 

Hazardous waste, Indians-lands, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements. 

Authority: This action is issued under the 

authority of sections 2002(a), 3006, and 

7004(b) of the Solid Waste Disposal Act, as 

amended, 42 U.S.C. 6912(a), 6926, 6974(b). 

Dated: February 29, 2016. 

Robert Kaplan, 

Acting Regional Administrator, Region 5. 

[FR Doc. 2016–05816 Filed 3–17–16; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9943– 

94–Region 7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Ellisville Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 7 is issuing a 

Notice of Intent to Delete the Callahan 

property, Operable Unit 3 (OU3) (Parcel 

ID 22U220242) of the Ellisville 

Superfund Site (Site) located at 210 

Strecker Road in Wildwood, Missouri 

(E1⁄2, NW1⁄4, SE1⁄4, S31, T45N, R04E), 

from the National Priorities List (NPL) 

and requests public comments on this 

proposed action. The NPL, promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

an appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Missouri, through the 

Missouri Department of Natural 

Resources (MDNR), have determined 

that all appropriate response actions at 

the Callahan property, OU3, under 

CERCLA, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

This partial deletion pertains to all 

media (soil and groundwater) of the 

Callahan property, OU3 of the Ellisville 

Superfund site. The Ellisville Superfund 

Bliss property, Operable Unit 2, and the 

Rosalie property, Operable Unit 1, will 

remain on the NPL and are not being 

considered for deletion as part of this 

action. 

DATES: Comments must be received on 

or before April 18, 2016. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1983–0002, to the Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

Once submitted, comments cannot be 


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edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e. on the web, cloud, or 

other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/

commenting-epa-dockets. 

Publicly available docket materials 

are available either electronically in 

http://www.regulations.gov or in hard 

copy at the site information repositories. 

The locations and viewing hours of the 

site information repositories are: 

The EPA Region 7, 11201 Renner 

Boulevard, Lenexa, KS open from 8 a.m. 

to 4 p.m. and the Daniel Boone Branch 

Library, 300 Clarkson Road, Ellisville, 

MO open from 9 a.m. to 9 p.m. Monday 

through Thursday, 9 a.m. to 5 p.m. 

Friday and Saturday, and 1 p.m. to 5 

p.m. on Sunday. 

FOR FURTHER INFORMATION CONTACT: 

Laura Price, Remedial Project Manager, 

U.S. Environmental Protection Agency, 

Region 7, 11201 Renner Boulevard, 

Lenexa, Kansas 66219, email: 

price.laura@epa.gov and phone number: 

913–551–7130. 

SUPPLEMENTARY INFORMATION: 

Throughout this document ‘‘we,’’ ‘‘us,’’ 

or ‘‘our’’ refer to EPA. This section 

provides additional information by 

addressing the following: 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Intended Partial Site Deletion 

I. Introduction 

EPA Region 7 announces its intent to 

delete the Callahan property, OU3 of the 

Ellisville Superfund Site, from the 

National Priorities List (NPL) and 

requests public comment on this 

proposed action. The NPL constitutes 

appendix B of 40 CFR 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 (CERCLA) of 1980, as 

amended. EPA maintains the NPL as 

those sites that appear to present a 

significant risk to public health, welfare, 

or the environment. Sites on the NPL 

may be the subject of remedial actions 

financed by the Hazardous Substance 

Superfund (Fund). This partial deletion 

of the Callahan property, OU3, is 

proposed in accordance with 40 CFR 

300.425(e) and is consistent with the 

Notice of Policy Change: Partial 

Deletion of Sites Listed on the National 

Priorities List. 60 FR 55466 (November 

1, 1995). As described in 300.425(e)(3) 

of the NCP, a portion of a site deleted 

from the NPL remains eligible for Fundfinanced remedial action if future 

conditions warrant such actions. 

EPA will accept comments on the 

proposal to partially delete this site for 

thirty (30) days after publication of this 

document in the Federal Register. 

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 Callahan property, OU3 

of the Ellisville Superfund Site and 

demonstrates how it meets the deletion 

criteria. 

II. NPL Deletion Criteria 

The NCP establishes the criteria that 

EPA 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 such a 

determination pursuant to 40 CFR 

300.425(e), 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; 

ii. all appropriate Fund-financed 

response under CERCLA has 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, the taking 

of remedial measures is not appropriate. 

III. Deletion Procedures 

The following procedures apply to 

deletion of Callahan property, OU3 of 

the Ellisville Site: 

(1) EPA consulted with the State 

before developing this Notice of Intent 

for Partial Deletion. 

(2) EPA has provided the state 30 

working days for review of this notice 

prior to publication of it today. 

(3) In accordance with the criteria 

discussed above, EPA in consultation 

with the state, has determined that no 

further response is appropriate. 

(4) The State of Missouri, through the 

Missouri Department of Natural 

Resources, has concurred with the 

deletion of the Callahan Subsite 

property, OU3 of the Ellisville 

Superfund Site, from the NPL. 

(5) Concurrently, with the publication 

of this Notice of Intent for Partial 

Deletion in the Federal Register, a 

notice is being published in a major 

local newspaper, Eureka-Wildwood 

Patch. The newspaper announces the 

30-day public comment period 

concerning the Notice of Intent for 

Partial Deletion of the Site from the 

NPL. 

(6) The EPA placed copies of 

documents supporting the proposed 

partial deletion in the deletion docket 

and made these items available for 

public inspection and copying at the 

Site information repositories identified 

above. 

If comments are received within the 

30-day comment period on this 

document, EPA will evaluate and 

respond accordingly to the comments 

before making a final decision to delete 

the Callahan property, OU3. If 

necessary, EPA will prepare a 

Responsiveness Summary to address 

any significant public comments 

received. After the public comment 

period, if EPA determines, in 

consultation with the State, it is still 

appropriate to delete the Callahan 

property, OU3 of the Ellisville 

Superfund Site, the Regional 

Administrator will publish a final 

Notice of Partial Deletion in the Federal 

Register. Public notices, public 

submissions and copies of the 

Responsiveness Summary, if prepared, 

will be made available to interested 

parties and included in the site 

information repositories listed above. 

Deletion of a portion of a site from the 

NPL does not itself create, alter, or 

revoke any individual’s rights or 

obligations. Deletion of a portion of a 

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 Partial Site Deletion 

The following information provides 

EPA’s rationale for deleting the Callahan 


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property, OU3 of the Ellisville 

Superfund Site from the NPL: 

Site Background and History 

Site Location 

The Ellisville Superfund Site (Site) 

(EPA ID MOD980633010) is located in 

St. Louis County, approximately 20 

miles from downtown St. Louis, 

Missouri. The Site is comprised of three 

non-contiguous operable units the Bliss 

property, OU2 (11.6 acres), the Callahan 

property, OU3 (8 acres), and the Rosalie 

property, OU1 (85 acres). The 

population of St. Louis County is 

998,954 people, according to the 2010 

census. The counties that surround St. 

Louis County are Saint Charles, 

Franklin, and Jefferson Counties. The 

area immediately around the Site is 

comprised of single-family detached 

residential dwellings. The Site is 

located in the watershed of Caulks 

Creek, a tributary of Bonhomme Creek 

that enters the Missouri river. The 

geology of the Site is underlain by 

unconsolidated deposits that rest on the 

Mississippian-aged Osagean Series 

limestone bedrock with solutionenlarged joints. Below the 

Mississippian-aged Osagean Series 

limestone lies the Maquoketa Formation 

that provides a relatively impermeable 

shale aquitard. 

National Priorities List Designation 

The Site was proposed for inclusion 

on the NPL on December 30, 1982 (47 

FR 58476). It was listed for final 

inclusion on the NPL September 8, 1983 

(48 FR 40658–40673). 

Operable Units (OUs) Descriptions Not 

Proposed for Deletion 

The Rosalie property, OU1 is an 85- 

acre tract of land in which four acres 

were contaminated. The Rosalie 

property, OU1 was discovered in 1980 

when a sewer worker encountered 

buried drums during an excavation. 

Drummed liquid and solid wastes were 

disposed of in and near Caulks Creeks. 

The Rosalie property OU1 cleanup 

remedy included the excavation of 

drums from four locations and the 

removal of contaminated soil from two 

of these locations. The drums and 

contaminated soils were disposed of at 

an EPA approved hazardous waste 

facility. Over 200 drums including one 

and five gallon buckets of chemical 

wastes were removed from the property. 

Of the 200 drums, only 45 contained 

suspected hazardous waste materials. 

Confirmation soil samples were 

collected to verify the effectiveness of 

the cleanup and the excavated areas 

were backfilled with clean soil and 

reseeded. 

The Bliss property, OU2 is located at 

149 Strecker Road in the city of 

Wildwood, Missouri. Features on the 

Bliss property include a residential 

house, one mobile home, an enclosed 

horse arena with associated buildings 

and stables. The MDNR began 

investigating the site in 1980, when an 

informant reported illegal dumping of 

hazardous waste at the property. Russell 

Bliss owned and operated the Bliss 

Waste Oil Company during the 1960s 

and 1970s at the site. The business 

engaged in the transportation and 

disposal of waste oil products, 

industrial wastes, and chemical wastes. 

These wastes were disposed of in pits, 

buried in drums, and liquid wastes were 

dumped on the surface of the ground. 

Cleanup activities began February 6, 

1996, and the permit for the incinerator 

at Times Beach was issued March 15, 

1996, for the treatment of dioxin 

contaminated waste. Dioxin 

contaminated soil was removed 

according to the approved health-based 

action levels of 1 ppb at the surface and 

10 ppb at a depth of 12 inches, except 

fill areas where the action level was 1 

ppb at all depths. In the creek, the 

dioxin action levels were 1 ppb to 2 feet, 

depths greater than 2 feet were cleaned 

up to 10 ppb. Air monitoring and 

temporary containment structures were 

erected to ensure and prevent airborne 

contaminants from migrating off-site. At 

the end of the cleanup on the Bliss 

property OU2, 480 drums were removed 

and 252 soil confirmation samples were 

collected. A total of 24,478 tons of 

dioxin contaminated soil were 

excavated, removed, and incinerated at 

the Times Beach incinerator. Another 

581 tons of non-dioxin contaminated 

soil were also excavated and removed to 

either LWD, Inc. landfill or Rollins 

Environmental Services landfill both 

Resource Conservation and Recovery 

Act (RCRA) permitted landfills. 

Groundwater investigations at the Bliss 

property, OU2 are ongoing. 

Operational Unit Description Proposed 

for Deletion and Historic Activities 

The Callahan property, OU3, is 

located at 210 Strecker Road in the city 

of Wildwood, Missouri. Features on the 

Callahan property include a small pond 

and barn. The small pond receives 

drainage from the northern portion of 

the parcel and is located above the 

former drum burial area (fill area). The 

terrain at the Callahan property slopes 

downward to the south from Strecker 

Road forming two drainage ways (below 

the fill area) that intersect at an 

intermittent Caulks Creek tributary near 

the southernmost property boundary. 

In August 1980, the MDNR received 

an eyewitness report that drums were 

being buried near a barn on the Callahan 

property. A follow up investigation 

revealed a disposal area of 

approximately 150 feet × 150 feet. 

During additional investigations, several 

drums were unearthed and sampled. 

Sample results determined that the 

drums contained paint-related wastes 

and solvents. The MDNR subsequently 

requested assistance from the EPA to 

address the buried drums, and a 

removal action (RA) was immediately 

initiated. Under section 104 of CERCLA, 

the RA took place during December 

1981 to February 1982, when 1,205 

drums were removed from the disposal 

area. Of these 1,205 drums, 613 

contained hazardous waste, which were 

over packed and staged in two areas on 

the site for off-site disposal. 

Approximately 500 cubic yards of 

excavated soil was returned to the 

excavated drum burial area as backfill 

(Tetra Tech EM Inc. 2005). 

Remedial Investigation and Feasibility 

Study (RI/FS) 

The Remedial Investigation field 

activities on the Callahan property, OU3 

occurred in 1983 in which seven soil 

samples (ELL–21—ELL–25, ELL–31, 

ELL–32) and two surface water samples 

(ELL–26 and ELL–27) were collected. 

Soil results exceed the EPAs current 

residential RSLs at ELL–31 and ELL–32 

for methylene chloride and oxirane. 

Surface water results were non-detect 

for contaminants of concern. 

The Feasibility Study identified 

remedial action objectives that were to 

control the erosion and stabilize the fill 

area where drums had been excavated. 

In addition, the plastic cover, blocks, 

barbed-wire fence, the drum storage 

areas, and gravel from the previous 

response action were also to be removed 

and properly disposed. 

Selected Remedy 

On July 10, 1985, the Record of 

Decision for the Ellisville site was 

signed. The remedy selected for the 

Callahan property, OU3 was to control 

erosion and slippage of the fill area, 

remove the plastic cover, blocks, 

barbed-wire fence, drum storage areas, 

and gravel and properly dispose of 

them. The shallow groundwater beneath 

the Callahan property is a non-potable 

water bearing zone due to insufficient 

yield. There is no reasonably 

anticipated use of site groundwater and 

no available groundwater exposure 

route for receptors. The ROD did thus 

not require any groundwater response. 


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In December 1999, James Properties 

hired Brucker Engineering to conduct a 

Phase II Environmental Assessment on 

the Callahan property. During that 

investigation, five composite samples 

were collected and analyzed for dioxin, 

polychlorinated biphenyls (PCBs), 

pesticides, and metals (arsenic, barium, 

cadmium, chromium, lead, mercury, 

selenium, and silver). All sample results 

were non-detect for contaminants of 

concern. A magnetic survey was also 

conducted during the investigation that 

showed no evidence of buried metal 

drums. A Site Removal Evaluation was 

conducted by the MDNR on January 31, 

2005, to determine if any residual soil 

contamination remained at the Callahan 

property at concentrations that would 

warrant further response. A total of 29 

soil and five sediment samples were 

collected during January 31, 2005 

through February 2, 2005. All samples 

were analyzed for base neutral/acid 

extractables, pesticides/herbicides, 

PCBs, metals (arsenic, barium, 

cadmium, chromium, lead, mercury, 

selenium, and silver), and dioxin. 

Results exceeded the EPA’s current 

residential Regional Screening Levels 

(RSL’s) for soil at monitoring location 

EU–6 for ethylbenzene, 

tetrachloroethene, and 1,2,4- 

trimethylbenzene. 

The EPA conducted an expanded site 

review in September 2011 on the 

Callahan property. A total of 34 soil 

samples were collected. Dioxin, metals 

(arsenic, barium, cadmium, chromium, 

lead, mercury, selenium, and silver), 

PCBs, SVOCs, and VOCs were analyzed 

on one or more samples. Results 

exceeded the EPA’s current Residential 

RSL’s for soil at soil borings SB–25 

(lead), SB–26 (bis-(2- 

ethylhexyl)phthalate), SB–27 (lead), SB– 

44 (benzo(a)anthracene, 

benzo(b)fluoranthene, ethylbenzene), 

and ditch grab #1 (arochlor 1248). 

Shallow groundwater was also 

investigated with no detections of 

contaminants of concern being 

identified. 

Time Critical Removal Action (RA) 

Based on the 2011 expanded site 

review, on September 13, 2012, the EPA 

issued an Action Memorandum 

authorizing funding for a Time Critical 

Removal Action at the Callahan 

property, OU3. Specific actions were 

undertaken at the site to eliminate the 

threats to human health and the 

environment from contamination found 

remaining in place. These actions 

included the excavation, transportation, 

and disposal of VOCs, polycyclic 

aromatic hydrocarbons, and leadcontaminated waste/soils from the Site 

to a permitted disposal facility and 

restoration of the Site. The factors from 

the NCP that justified a removal action 

at the Site detailed in the Action 

memorandum are outlined below. 

1. 300.415(b)(2)(i)—Actual or 

potential exposure to nearby human 

populations, animals or the food chain 

from hazardous substances, or 

pollutants, or contaminants. 

• The Site is located within 50 feet of 

a residential home that is located in a 

residential neighborhood. If the soils 

were to be brought to the surface, 

perhaps during a future housing 

development, the chances of this waste 

being spread across an area could 

expose current and future residents to 

these contaminants. 

2. 300.415(b)(2)(ii)—Actual or 

potential contamination of drinking 

water supplies or sensitive ecosystems; 

• The EPA placed a monitoring well 

in the area where the buried waste was 

located. Groundwater results from the 

monitoring well were non-detect for 

contaminants of concern. However, due 

to the karst topography, at the site, one 

monitoring well would not be sufficient 

to identify if contamination had or had 

not migrated to the groundwater. If the 

contamination had not migrated to the 

groundwater, given time, contaminants 

could have leached and migrated to 

groundwater. Given that the bedrock is 

karst, it was in the EPA’s best interest 

to prevent contamination from entering 

the groundwater system. 

3. 300.415(b)(2)(v)—Weather 

conditions that may cause hazardous 

substances or pollutants or 

contaminants to migrate or be released; 

• Contaminated soils at the Callahan 

property had the potential to erode/

leach from its current buried location. 

The contaminated soil was buried 

between a pond and the top of a 

drainage way that emptied into Caulks 

Creek. Caulks Creek is a major creek 

that runs through multiple sub-divisions 

in the area. It was foreseeable, since the 

waste was buried at shallow depths, that 

heavy rains could cause the hillside to 

become unstable releasing the buried 

waste into the drainage way. 

4. 300.415(b)(2)(vii)—The lack of 

other appropriate Federal or state 

response mechanisms to respond to the 

release. 

• No other Federal or state authorities 

existed that would be able to provide 

response actions at the Site. 

The RA was conducted during 

November 27, 2012, through December 

6, 2012. Contaminated soil was removed 

by an excavator and then placed directly 

into dump trucks for disposal at the 

Milam Landfill in East St. Louis, 

Illinois. During the removal action, a 

PID photoionization detector (PID) was 

used for real-time air monitoring to 

ensure that VOCs generated during the 

excavation activities were below 

acceptable criteria levels within the 

immediate area surrounding the 

excavation pit, as well as along the site 

perimeter adjacent to residential 

properties bordering the site. A personal 

air sampler was also used to measure 

lead concentrations in the breathing 

zone of workers during excavation 

activities. Elevated levels of lead in the 

breathing zone were not observed 

during the removal action. 

Excavation activities proceeded first 

by visual observation, once visual 

indicators were no longer observed, the 

soil was then screened using a PID for 

VOCs and an x-ray fluorescence (XRF) 

spectrometer for metals (lead in 

particular). At the completion of the 

excavation, seven confirmation soil 

samples and one stockpile confirmation 

sample (CA–SW–01, CA–EW–01, CA– 

EW–02, CA–WW–01, CA–WW–02, CA– 

NW–01, CA–NW–02, and CA– 

OVRSTK–01) were collected for 

laboratory analysis. All confirmation 

samples were analyzed for VOCs, 

SVOCs, metals (arsenic, barium, 

cadmium, chromium, lead, mercury, 

selenium, and silver), and PCBs. 

Analytical results for all confirmation 

samples were compared to the current 

EPA RSLs. All results were below RSLs 

except those for arsenic. However, 

arsenic results were below the average 

background concentration of 10.561 

ppm for St. Louis County soils (USGS 

2012), and no additional cleanup was 

required. 

The excavation of contaminated soil 

on the Callahan property, OU3 was 

completed on December 6, 2012. A total 

of 2,056 tons of contaminated soil and 

debris, including drum fragments and 

metal pieces, were excavated and 

transported to the Milam Landfill for 

proper disposal as non-hazardous 

‘‘special waste.’’ The landfill accepted 

the waste based on disposal 

characterization sampling results (from 

November 2012), which had indicated 

that contaminated soil at the site did not 

contain hazardous constituents above 

acceptable levels or leach constituents 

above corresponding regulatory toxicity 

characteristic leaching procedure limits. 

The final excavated area was 

approximately 21 feet long on the south 

wall, 75 feet on the east wall, 70 feet on 

the north wall, and 82 feet on the west 

wall. The depth of the excavated area 

ranged from 5 to 15 feet. 

Following completion of the soil 

excavation, the excavation was 

backfilled and the site restored. One 

grab sample of off-site backfill material 


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(CAL–BF–1) and one grab sample of offsite topsoil (CA–TPSL–01) were 

collected to confirm that the backfill 

material and topsoil did not contain 

contaminants above levels of concern. 

The samples were analyzed for VOCs, 

SVOCs, and metals (arsenic, barium, 

cadmium, chromium, lead, mercury, 

selenium, and silver). Laboratory results 

demonstrated that the backfill and 

topsoil samples did not contain any 

contaminants above current EPA RSLs. 

Following completion of backfilling, 

the site was restored in accordance with 

verbal agreements between the EPA and 

the property owner. The excavated area 

was completed with a swale that 

included rip-rap to serve as a drainage 

route, while the remaining portion of 

the site property was restored by hydroseeding. The swale was approximately 8 

feet wide by 150 feet long, and the rock 

used for rip-rap was 6 to 8 inch Gabien 

stone. Following completion of site 

restoration activities, the removal action 

was considered complete. 

Cleanup Levels 

The cleanup levels for the Callahan 

RA were the current EPAs RSLs. The 

process used during the RA was to 

excavate all visibly stained and/or 

odorous soils then field screen the 

excavation walls using an XRF and a 

PID. Once completed, confirmation soil 

samples were collected and submitted 

for analysis to ensure that all 

contaminants above RSLs had been 

excavated and removed from the site. 

Once the confirmation analytical results 

confirmed that levels were below RSLs, 

the excavated area was backfilled with 

clean material. 

Community Involvement 

The EPA has worked extensively with 

the Wildwood community through a 

variety of communication vehicles 

including but not limited to local 

speaking engagements, city council 

meetings, conducting public meetings, 

coverage on radio, television, and in 

local and national newspapers. The EPA 

also prepared letters and fact sheets that 

were distributed to mailing list 

recipients as well as hand-distributed to 

residences including information on the 

EPA Web site. 

The EPA has been performing 

outreach to Wildwood citizens, elected 

officials, the media, and others since 

becoming involved in the project in 

1980 in an effort to convey information 

about the hazards and activities of the 

Site. The EPA has participated in 

numerous formal and informal meetings 

to explain the EPA’s role and 

commitment in Wildwood to convey 

information about the Superfund 

process and to provide general 

information about the site and its 

contamination. 

Determination That the Criteria for 

Deletion Have Been Met 

In accordance with 40 CFR 

300.425(e), Region 7 of the EPA finds 

that the Callahan property, OU3 of the 

Ellisville Superfund site (the subject of 

this deletion) meets the substantive 

criteria for partial NPL deletions. 

Activities at the Callahan property were 

completed consistent with the Action 

Memo and the Statement of Work, and 

the EPA policies and procedures. The 

EPA analytical methods were used for 

all investigations, including 

confirmation sampling and various 

levels of data validation as appropriate. 

The QA/QC program was rigorous and 

in conformance with the EPA standards. 

The EPA has determined that all 

analytical results were accurate to the 

degree necessary to assure satisfactory 

execution of the investigation and 

removal activities. All confirmation 

analytical results for soil samples were 

compared to the current EPA RSLs. All 

results were below the EPA RSLs except 

those for arsenic; however, all arsenic 

results were below the average 

concentration of 10.561 ppm for St. 

Louis County soils (USGS 2012). 

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. 

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. 

Dated: February 26, 2016. 

Mark Hague, 

Regional Administrator, Region 7. 

[FR Doc. 2016–06221 Filed 3–17–16; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 160120042–6042–01] 

RIN 0648–BF69 

Magnuson-Stevens Fishery 

Conservation and Management Act 

Provisions; Fisheries of the 

Northeastern United States; Northeast 

Groundfish Fishery; Recreational 

Management Measures 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Supplemental notice of 

proposed rulemaking; extension of 

comment period. 

SUMMARY: This action corrects an error 

in the Gulf of Maine haddock closed 

season in the proposed rule to 

implement 2016 recreational groundfish 

management measures for Gulf of Maine 

cod and haddock. NMFS is also 

extending the public comment period to 

provide additional time for the public to 

submit comments on the corrected 

measure. 

DATES: The public comment period for 

the proposed rule published at 81 FR 

11168, March 3, 2016, is extended from 

March 18, 2016, to March 25, 2016. 

Comments must be received no later 

than March 25, 2016. 

ADDRESSES: You may submit comments 

on this document, identified by NOAA– 

NMFS–2016–0011, by either of the 

following methods: 

Electronic Submission: Submit all 

electronic public comments via the 

Federal e-Rulemaking Portal. 

1. Go to http://www.regulations.gov/

#!submitComment;D=NOAA-NMFS2016-0011-0001. 

2. Click the ‘‘Comment Now!’’ icon, 

complete the required fields, and 

3. Enter or attach your comments. 

—OR— 

Mail: Submit written comments to: 

John K. Bullard, Regional 

Administrator, National Marine 

Fisheries Service, 55 Great Republic 

Drive, Gloucester, MA 01930. Mark the 

outside of the envelope, ‘‘Comments on 

groundfish recreational fishing 

management measures.’’ 

Instructions: Comments sent by any 

other method, to any other address or 

individual, or received after the end of 

the comment period, may not be 

considered by NMFS. All comments 

received are a part of the public record 


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