Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 / Proposed Rules 47619

Author: The principal author of this

rule is Jim Krawchyk, Office of Surface

Mining, U.S. Department of the Interior,

3 Parkway Center, Pittsburgh, PA 15220.

List of Subjects in 30 CFR Part 870

Incorporation by reference, Reporting

and recordkeeping requirements,

Surface mining, Underground mining.

Dated: September 4, 1997.

Bob Armstrong,

Assistant Secretary for Land and Minerals

Management.

Accordingly, 30 CFR part 870 would

be amended as set forth below.

PART 870—ABANDONED MINE

RECLAMATION FUND—FEE

COLLECTION AND COAL

PRODUCTION REPORTING

1. The authority citation for Part 870

continues to read as follows:

Authority: 30 U.S.C. 1201 et seq., as

amended; and Pub. L. 100–34.

§ 870.17 [Removed]

2. Section 870.17 is removed.

[FR Doc. 97–23958 Filed 9–9–97; 8:45 am]

BILLING CODE 4310–05–M

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5886–1]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to delete the

Bowers Landfill Superfund Site from

the national priorities list; request for

comments.

SUMMARY: The United States

Environmental Protection Agency (U.S.

EPA) Region V announces its intent to

delete the Bowers Landfill 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 Fund-financed

responses under CERCLA have been

implemented and U.S. EPA, in

consultation with the State of Ohio, has

determined that no further response is

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

October 10, 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: Pickaway County

District Public Library 165 E. Main St.,

Circleville, OH 43113. 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 Leo Rosales (P–19J), Office

of Public Affairs, U.S. EPA, Region V, 77

W. Jackson Blvd., Chicago, IL 60604,

(312) 353–6198.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

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 Bowers 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 § 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 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 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.

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 considers, 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, announce 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
47620 Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 / Proposed Rules

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

Bowers Landfill is located in rural

Pickaway County, Ohio, approximately

2.5 miles north of the City of Circleville.

The site is just northwest of the

intersection of Circleville-Florence

Chapel Road and Island Road, on the

east side of the Scioto River Valley. The

landfill lies within the Scioto River

floodplain, and its northwestern and

southern most points abut the Scioto

River. The north side of the landfill is

bordered by an agricultural field. The

field to the west of the landfill is now

a wetlands area.

The landfill occupies about 12 acres

of a 202-acre tract originally owned by

the estate of Dr. John M. Bowers. Much

of this tract is still owned by the

Bowers’ estate, but portions have been

sold to other owners. The landfill was

constructed as a berm approximately

3,500 feet long with an average width of

125 feet and a top height approximately

10 feet above grade. The reported waste

volume of the landfill was

approximately 130,000 cubic yards. Site

records, although limited, indicated that

some of the waste disposed in the

landfill was hazardous. The landfill is

no longer overtopped by flood waters.

During construction, the height of the

landfill was raised to prevent the

overtopping of the landfill. The area

around the landfill, including the field

north of the landfill and the wetlands to

the west are flooded several times per

year. Drainage is still to the west and

south towards the Scioto River.

The site area is rural, with 15 houses

located within a 1⁄2 mile radius of the

landfill. Houses in the area largely

depended on private wells for water

supply. No down gradient wells were

within 1000 feet of the site. The City of

Circleville’s water supply wells are

located about 11⁄2 miles south of the site.

The domestic wells have been sampled

and no contamination has been found.

Dr. Bowers began operating the

landfill in 1958. Little information is

available on the types and quantities of

wastes disposed of at Bowers Landfill.

However, information from the Ohio

Environmental Protection Agency

(OEPA) files indicates that general

domestic waste and industrial refuse,

collected by private haulers in and

around Circleville, account for most of

the material in the landfill. Between

1963 and 1968, the site also received

chemical wastes originating from local

industries, including E.I. Du Pont de

Nemours (Du pont) and Pittsburgh Plate

Glass, Inc., now PPG Industries, Inc.,

(PPG). Du pont and PPG reported

sending 6,000 and 1,700 tons of waste,

respectively, to Bowers Landfill

between 1965 and 1968. Both

companies were considered potentially

responsible parties (PRP) for

contamination at the landfill. Waste

disposal practices consisted largely of

dumping waste directly onto the ground

and covering it with soil. However, the

southern end of the landfill may have

been excavated for waste disposal.

Waste also was burned at the site, but

the extent and dates of waste burning

were not known. Landfilling at the site

ended around 1968. The site was not

secured when landfilling ended, and the

cover material of sand, gravel, and some

topsoil was characterized as not

sufficient during a 1971 inspection by

the Pickaway County Health

Department.

Between 1980 and 1982, U.S. EPA,

OEPA and an engineering firm (Burgess

& Niple, Limited, Columbus, Ohio)

collected ground-water and surface

water samples at Bowers Landfill.

Results from these early samples

showed that contaminants were being

released from the landfill. Volatile

organic compounds (VOC), including

ethylbenzene, toluene, and xylene, were

detected in monitoring wells and in

surface water samples collected

immediately west of the landfill.

Groundwater concentrations as high as

86 mg/L (xylene) and surface water

concentrations as high as 48 mg/L

(toluene) were found. Based on these

results, OEPA requested in 1982, that

Bowers Landfill be placed on the

National Priorities List (NPL) of

Superfund sites, the site was proposed

December 30, 1982, and the site was

added to the NPL on September 8, 1983.

In 1985, U.S. EPA and OEPA signed

a consent order with Du Pont and PPG,

allowing the companies to conduct the

remedial investigation (RI) and

feasibility study (FS). After reviewing

the results of these studies and of the

endangerment assessment (EA), U.S.

EPA issued a Record of Decision (ROD)

for Bowers Landfill on March 31, 1989.

The U.S. EPA ROD selected capping

of the landfill as the remedial action for

Bowers Landfill. This action included

six major components:

1. Removing surface debris and

vegetation from the landfill.

2. Installing a low-permeability clay

cover on the landfill.

3. Constructing erosion control

measures and drainage improvements.

4. Restricting site access and use.

5. Maintaining the clay cover after

construction.

6. Monitoring ground water and

surface water.

In addition to the above components,

a seventh component, a gas venting

system was a part of the remedial

design. The gas venting system was

added to the remedial design because

methane gas was detected during a predesign soil gas survey at Bowers

Landfill. U.S. EPA issued a work

assignment to PRC (government

contractors) on January 22, 1990, to

perform the Remedial Design at the

Bowers Landfill Site. The Design was

completed in August 1991. PRC

received the work assignment to

perform the Remedial Action in

September 1991. Remedial Action

construction started in March 1992. As

required by the ROD, the cover system

for the Bowers Landfill was constructed

to:

1. Minimize risk to public health and

environmental from direct contact with

contaminated material.

2. Minimize the migration of liquids

through the closed landfill.

3. Minimize maintenance of the

landfill site.

4. Promote drainage and minimize

erosion of the cover.

5. Provide a maximum permeability of

1×10¥7 cm/sec.

The first year of operation and

maintenance (O&M) was overseen/

conducted by U.S. EPA. The PRPs

agreed to do the groundwater

monitoring for the first year, with U. S.

EPA’s contractor, PRC, responsible for

conducting the remaining tasks.

The specific tasks that were listed for

the 30 years of operation and

maintenance are as follows: (1) Gas

monitoring, (2) ground and surface

water monitoring, (3) maintenance of

the landfill cap, (4) site inspections, and

(5) repairs.

Beginning with the second year of

O&M, the PRPs signed a consent decree

with the State of Ohio in September

1996 to do all post-construction

activities at the site. Early in the second

year, the PRP’s contractor abandoned

Monitoring Well P15B. A bailer was

caught at the bottom of the well. This

well was replaced by Monitoring Well

P15BR.

Groundwater sampling has been

conducted on a quarterly basis. Gas

monitoring has been done on a quarterly

basis for methane and on a semi-annual

basis for VOCs. Surface water is

sampled a minimum of twice a year in

the southern end of the ditch and once

per year in each of the two wetlands

ponds.
Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 / Proposed Rules 47621

Based on the observations and

inspections made during construction,

the final survey data, photographic

documentation, and quality assurance

testing, PRC was able to certify that the

landfill cover and all associated

remedial construction had been

completed in accordance with the

design drawings and specifications, and

is in compliance with the ROD signed

by the Regional Administrator for

Region 5 dated March 31, 1989.

Ground and surface water quality has

not been diminished. No VOCs or semivolatile organic compounds (SVOCs)

have been detected in the first three

sampling events of the second year of

groundwater sampling. Barium

continues to be detected in Monitoring

Well P–5B, and sometime is above the

MCL (maximum contaminant level).

Nine downgradient monitoring wells

contain one or more metals that are

statistically significant.

Analytical data has been entered into

the GRITS/STAT computer program and

a statistical analysis was completed

using a non-parametric analysis of

variance (ANOVA) using the KruskalWallace Test. Results from upgradient

monitoring wells are compared to the

results in downgradient monitoring

wells to determine which downgradient

wells show evidence of statistically

significant levels of analytes.

The results of the comparison at

Bowers Landfill indicated that several

inorganic parameters are reported by

GRITS/STAT as being statistically

elevated with respect to background.

Most of these parameters do not have

primary MCLs. Barium has exceeded its

MCL during some sampling events.

The nine monitoring wells with

statistically significant sampling results

have had comparable results in the past.

No action is needed because no

apparent threat exists.

There have been no significant surface

water detections.

EPA, with concurrence from the State

of Ohio, has determined that all

appropriate Fund-financed responses

under CERCLA at the Bowers 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: August 21, 1997.

Michelle D. Jordan,

Acting Regional Administrator, U.S. EPA,

Region V.

[FR Doc. 97–23691 Filed 9–9–97; 8:45 am]

BILLING CODE 6560–50–P