5950 Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Proposed Rules

(iv) Respond to each significant

comment and any significant new data

submitted during the comment period

in a Responsiveness Summary.

If appropriate after consideration of

comments received during the public

comment period, EPA then publishes a

notice of deletion in the Federal

Register and places the final deletion

package, including the Responsiveness

Summary, in the Site repositories.

Deletion of a site from the NPL does

not itself create, alter, or revoke any

individual’s rights or obligations. As

stated in Section II of this Notice,

Section 300.425(e)(3) of the NCP

provides that the deletion of a site from

the NPL does not preclude eligibility for

future response actions.

IV. Basis for Intended Site Deletion

The following site summary provides

EPA’s rationale for the proposal to

delete the Sealand, Limited Site from

the NPL.

The Site is a former waste oil

recycling facility operated between

August of 1982 until August of 1983 by

Sealand, Limited, Incorporated (Inc.). It

is located in Mt. Pleasant, Delaware,

approximately two miles south of the

Chesapeake and Delaware Canal and

several hundred feet east of the

intersection of Routes 896 and 71/301.

Land use in the area surrounding the

site is a mix of residential and

industrial. The Site is bordered on the

west by an active Conrail spur, to the

south by Route 71/301, and to the north

and east by a 15-acre parcel of land

owned by Tilcon Minerals, Inc.

During its operation, Sealand, Limited

accepted a variety of waste oil products

for treatment and recycling. The facility

was abandoned in August of 1983.

Twenty-one steel tanks or hoppers, one

10,000 gallon wooden storage tank,

approximately 300 55-gallon drums, and

various mixing chambers and pressure

vessels were left onsite. An inspection

by the Delaware Department of Natural

Resources and Environmental Control

(DNREC) revealed that the wooden

storage tank and numerous 55-gallon

drums were leaking hazardous

substances onto the ground.

In response, EPA initiated an

emergency removal action in December

of 1983. During this action, all of the

drums were removed from this site, as

was all of the liquid contained in the

various tanks, which were cleaned and

left near the Site. The process area was

capped with one foot of clay and six

inches of topsoil.

In December of 1988, EPA and 14

Potentially Responsible Parties (PRPs)

entered into an Administrative Order on

Consent to conduct a Remedial

Investigation/Feasibility Study (RI/FS)

at the Site. During the Remedial

Investigation, both ground water and the

soil beneath and near the capped area

were sampled. Low levels of volatile

organic compounds and some

semivolatile compounds were found in

the soil beneath the cap. Metals were

found in Site soil at levels generally

consistent with background levels.

Neither volatile nor semivolatile

compounds were found at significant

concentrations in the ground water. One

onsite well contained elevated levels of

metals, particularly nickel; however,

there was no clear correlation between

the Site and the metals.

During the Risk Assessment, ground

water was not considered a potential

contaminant exposure pathway. The

most likely exposure scenarios included

children who could be exposed to

shallow soil while trespassing on the

Site, and workers who could be exposed

to subsurface soil during construction

activities. The Risk Assessment

assumed that the Site, which is zoned

for industrial use and is bordered by an

active Conrail freight line and a paving

company, would not be rezoned for

residential use. Given this assumption,

the risks associated with the two most

likely exposure scenarios were below

the lower boundary of the acceptable

risk range. It was determined that the

Site did not pose a threat to human

health or the environment, and the

Region issued a Record of Decision

(ROD) calling for no further action in

September of 1991.

During the preparation of the ROD,

DNREC expressed concern about the

proposed remedy. They believed that

the contaminants which would be left in

place beneath the cap could pose a

future threat to ground water. In

response to this concern, EPA included

in the selected remedy a review of the

site five years after the signing of the

ROD, even though a five year review

would not ordinarily be required for this

type of remedy. Furthermore, EPA

acknowledged in the ROD that although

Federal law did not require action at the

site, the State was still free to act under

its own laws. Nonetheless, DNREC did

not concur with the ROD.

Subsequent to the signing of the ROD,

DNREC took action pursuant to the

authority of 7 Del. C., Chapter 91, the

Delaware Hazardous Substance Cleanup

Act (HSCA). HSCA was not considered

an Applicable or Relevant and

Appropriate Requirement (ARAR)

during the remedy selection process, as

ARARs are not considered in a no action

decision. DNREC required the PRPs to

install additional monitoring wells and

to resample the ground water. The

results of the sampling showed no

organic contamination in the wells.

However, some metals, including

nickel, were present at elevated levels in

some wells. There was no clear pattern

to the wells containing metals; one is

apparently upgradient of the

contaminated soil, and adjacent to the

active Conrail tracks.

Using this information, DNREC issued

a Proposed Plan of Remedial Action in

October of 1995. The proposed remedial

action included five years of continued

ground water monitoring, as well as

deed restrictions to ensure that the

property’s zoning does not change from

industrial to residential. This plan has

since been finalized, and DNREC is

negotiating with the PRPs to conduct

this work.

Based on the information presented

above, EPA has determined that the Site

does not pose a significant threat to

human health or the environment and

that no further action, consistent with

CERCLA, is required. Thus, the required

NPL deletion criteria presented in

Section II, above, have been met.

DNREC has concurred on this

determination. Correspondence

documenting this concurrence is

included in the Site repositories.

The ROD stated that EPA would

conduct a review of the Site five years

after the signing of the ROD to

reevaluate Site conditions. The

evaluation was completed in September

of 1996, and concluded that the remedy

selected in the ROD remained protective

of human health and the environment

and that no further action, and no

additional site reviews, will be

necessary, particularly in light of

DNREC’s planned actions.

EPA, with the concurrence of DNREC,

believes that the criteria for deletion of

the Site have been met. Therefore, EPA

is proposing deletion of the Site from

the NPL. Documents supporting this

action are available in the Site

repositories described above.

Dated: January 15, 1997.

Stanley L. Laskowski,

Acting Regional Administrator, EPA Region

3.

[FR Doc. 97–2993 Filed 2–7–97; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5684–8]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.
Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Proposed Rules 5951

ACTION: Notice of intent to delete the

Conklin Dumps site from the National

Priorities List: Request for comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region II announces its

intent to delete the Conklin Dumps site

from the National Priorities List (NPL)

and requests public comment on this

action. The NPL is 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 (CERCLA), as amended. EPA and

the State of New York have determined

that no further cleanup by responsible

parties is appropriate under CERCLA.

Moreover, EPA and the State have

determined that CERCLA activities

conducted at the Conklin Dumps to date

have been protective of public health,

welfare, and the environment.

DATES: Comments concerning the

deletion of the Conklin Dumps site from

the NPL may be submitted on or before

March 12, 1997.

ADDRESSES: Comments concerning the

deletion of the Conklin Dumps site from

the NPL may be submitted to: Arnold R.

Bernas, P.E., Remedial Project Manager,

U.S. Environmental Protection Agency,

Region II, 290 Broadway, 20th floor,

New York, NY 10007–1866.

Comprehensive information on the

Conklin Dumps site is contained in the

EPA Region II public docket, which is

located at EPA’s Region II office (the

18th floor), and is available for viewing,

by appointment only, from 9:00 a.m. to

5:00 p.m., Monday through Friday,

excluding holidays. For further

information, or to request an

appointment to review the public

docket, please contact Mr. Bernas at

(212) 637–3964.

Background information from the

Regional public docket is also available

for viewing at the Conklin Dumps site’s

Administrative Record repository

located at: Conklin Town Hall, 1271

Conklin Road, Conklin, NY 13748.

FOR FURTHER INFORMATION CONTACT:

Arnold Bernas at (212) 637–3964.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

I. Introduction

EPA Region II announces its intent to

delete the Conklin Dumps site from the

NPL and requests public comment on

this action. The NPL is Appendix B to

the NCP, which EPA promulgated

pursuant to Section 105 of CERCLA, as

amended. 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

(RAs) financed by the Hazardous

Substances Superfund Response Trust

Fund (the ‘‘Fund’’). Pursuant to

§ 300.425 (e)(3) of the NCP, any site

deleted from the NPL remains eligible

for Fund-financed RAs, if conditions at

such site warrant action.

EPA will accept comments

concerning the Conklin Dumps site for

thirty (30) days after publication of this

document in the Federal Register (until

March 12, 1997).

Section II of this notice explains the

criteria for deleting sites from the NPL.

Section III discusses the procedures that

EPA is using for this action. Section IV

discusses how the Conklin Dumps site

meets the deletion criteria.

II. NPL Deletion Criteria

The NCP establishes the criteria that

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, EPA, in consultation

with the State, will consider whether

any of the following criteria have been

met:

1. That responsible or other persons

have implemented all appropriate

response actions required; or

2. All appropriate Fund-financed

responses under CERCLA have been

implemented, and no further cleanup by

responsible parties is appropriate; or

3. The remedial investigation has

shown that the release poses no

significant threat to public health or the

environment and, therefore, taking

remedial measures is not appropriate.

III. Deletion Procedures

The NCP provides that EPA shall not

delete a site from the NPL until the State

in which the release was located has

concurred, and the public has been

afforded an opportunity to comment on

the proposed deletion. Deletion of a site

from the NPL does not affect responsible

party liability or impede agency efforts

to recover costs associated with

response efforts. The NPL is designed

primarily for informational purposes

and to assist agency management.

The following procedures were used

for the intended deletion of the Conklin

Dumps site:

1. EPA Region II has recommended

deletion and has prepared the relevant

documents.

2. The State of New York has

concurred with the deletion decision.

3. Concurrent with this Notice of

Intent to Delete, a notice has been

published in local newspapers and has

been distributed to appropriate federal,

state and local officials, and other

interested parties. This notice

announces a thirty (30)-day public

comment period on the deletion

package starting on February 10, 1997

and concluding on March 12, 1997.

4. The Region has made all relevant

documents available in the regional

office and the local site information

repository.

EPA Region II will accept and

evaluate public comments and prepare

a Responsiveness Summary, which will

address the comments received, before a

final decision is made. The Agency

believes that deletion procedures should

focus on notice and comment at the

local level. Comments from the local

community may be most pertinent to

deletion decisions. If, after

consideration of these comments, EPA

decides to proceed with deletion, the

EPA Regional Administrator will place

a Notice of Deletion in the Federal

Register. The NPL will reflect any

deletions in the next update. Public

notices and copies of the

Responsiveness Summary will be made

available to the public by EPA Region II.

IV. Basis for Intended Site Deletion

Site History and Background

The Conklin Dumps site originally

consisted of two landfilled areas totaling

about 37 acres, referred to as the Upper

and Lower Landfills. The Lower

Landfill, which was operated between

1964 and 1969, contained

approximately 48,000 cubic yards of

wastes before it was excavated and

consolidated with the Upper Landfill.

The Upper Landfill, which originally

contained approximately 55,000 cubic

yards of waste, was operated from 1969

until 1975, when a closure order was

issued by the New York State

Department of Environmental

Conservation (NYSDEC). The property

is currently owned by the Town of

Conklin.

A two-phase hydrogeologic

investigation was completed by O’Brien

and Gere Engineers for the Broome

County Industrial Development Agency

in 1984 and 1985; additional field work

was performed in 1986. In June 1986,

the site was nominated for inclusion on

the National Priorities List. In June

1987, a Consent Order was signed
5952 Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Proposed Rules

between the Town of Conklin and

NYSDEC, which covered the

performance of a remedial investigation

and feasibility study (RI/FS) and the

remedial design (RD)/remedial action

(RA).

The RI, which was completed in

December 1988, indicated limited

ground-water contamination in the

immediate vicinity of the Upper

Landfill. Confirmatory sampling,

performed in June 1990, confirmed the

RI findings and provided additional

validated data.

An FS report was completed in

January 1991.

EPA, in consultation with NYSDEC,

issued a Proposed Plan on February 3,

1991. A public comment period began

on February 4, 1991 and extended until

March 6, 1991. A public meeting was

held at the Conklin Town Hall on

February 25, 1991. A ROD, which was

signed by the EPA Regional

Administrator on March 29, 1991, called

for, among other things, capping of the

Upper Landfill and the Lower Landfill

in-place, leachate collection, either onor off-site treatment of the leachate, and

long-term monitoring.

During preliminary design activities

associated with the selected remedy, it

was determined that the construction of

a leachate collection trench and cap at

the Lower Landfill would present

significant engineering difficulties due

to the proximity of an adjacent wetland

and railroad tracks. In order to eliminate

the leachate seeps at the Lower Landfill,

it would be necessary to install a

leachate collection system below the

water table. A leachate collection

system installed below the water table,

however, would collect vast amounts of

uncontaminated ground water and

could adversely impact the adjacent

wetland by dewatering a portion of it,

unless hydraulic barriers were installed

(which in itself could adversely impact

the wetland). In addition, installing a

cap on the Lower Landfill could

negatively impact the adjacent wetland

in that it would encroach on the

wetland. Due to these technical

feasibility and environmental concerns,

the selected remedy was modified by an

Explanation of Significant Differences

(ESD) in September 1992. The modified

remedy consists of the excavation of the

Lower Landfill, consolidation of the

excavated Lower Landfill contents onto

the Upper Landfill, capping of the

Upper Landfill, construction of a

leachate collection system, and either

on- or off-site treatment of the leachate.

Lower Landfill

The RD associated with the

excavation of the Lower Landfill and

consolidation of the excavated wastes

onto the Upper Landfill commenced in

April 1991 and was completed in

September 1992.

The excavation of the Lower Landfill

began in January 1993. The composition

of the wastes that were encountered

during the excavation was primarily soil

and decomposed organic matter

intermixed with scrap metal, bottles and

fabric from a local tent manufacturer.

Although four 55 gallon drums were

encountered, they were found to be

empty or contained non-hazardous

debris, and were crushed and disposed

of in the Upper Landfill.

The waste that was excavated from

the Lower Landfill was deposited on the

Upper Landfill in approximately onefoot lifts. This effort was completed in

July 1993.

A Remedial Action Report,

documenting the completion of the

excavation of the Lower Landfill was

approved on September 29, 1993.

Upper Landfill

The RD associated with the capping of

the consolidated wastes on the Upper

Landfill and the construction of a

leachate collection, storage, and pretreatment system commenced in April

1991 and was completed in July 1993.

The compaction and regrading of the

excavated waste mass, installation of a

leachate recovery system, construction

of a final cover system for the Upper

Landfill, and the installation of an eightfoot high chain linked fence around the

Upper Landfill to restrict access, was

performed from October 1993 to

November 1994.

Leachate Storage and Pre-Treatment

System

In June 1995, the BinghamtonJohnson City Joint Sewer Board

approved the Town of Conklin’s

application for discharge of the leachate

from the Upper Landfill into the

sanitary sewer system for treatment at

the Binghamton-Johnson City Joint

Sewage Treatment Plant in Vestal, New

York. This approval required that the

Town obtain an industrial wastewater

discharge permit and temporarily store

the leachate in an on-site storage tank

while it is sampled and analyzed to

determine if it meets the discharge

requirements of the permit.

The construction of a leachate storage,

pre-treatment system, and pipeline to

the sewer interceptor, which began in

November 1995, included the

installation of a 30,000 gallon horizontal

steel storage tank with a secondary

containment dike, installation of a

leachate pre-treatment system,

consisting of a series of bag filters to

remove solids, and installation of a pipe

to discharge the leachate from the

storage and pre-treatment system to the

sanitary sewer system. Although the

work was completed in January 1996, a

final inspection could not be conducted

until after the snow melt in June 1996.

A Remedial Action Report,

documenting the completion of the

construction of the final cover system

and leachate collection system for the

Upper Landfill, leachate collection tank

installation, and construction of a

pipeline to the sewer interceptor was

approved on July 15, 1996.

A Superfund Site Close-Out Report

for the site was approved on September

13, 1996.

Summary of Operation and

Maintenance and Five-Year Review

Requirements

Pursuant to terms of the Consent

Order signed with NYSDEC on June 12,

1987, the Town of Conklin will perform

post-remediation operation and

maintenance associated with the Upper

Landfill’s final cover system and the

leachate collection and pre-treatment

systems. These activities will consist of

landfill cover system inspection and

maintenance (including grass mowing,

fence repairs, soil cover repairs);

leachate collection system inspection,

operation, and maintenance; and

leachate pre-treatment system

inspection, operation, and maintenance.

In addition, groundwater, surface water,

and leachate sampling and analysis will

be performed.

A statutory review of the long-term

monitoring and inspection program

reports will be performed in January

1998, five years after the initiation of the

RA, to assure that the remedy remains

effective in protecting human health

and the environment.

Summary of How the Deletion Criteria

Has Been Met

All of the completion requirements

for this site have been met as specified

in OSWER Directive 9320.2–09.

Specifically, based on the field

observations associated with NYSDEC

construction oversight, the results of the

preliminary post-construction and the

final post-construction inspections, and

the results of samples collected during

the implantation of the remedy, it has

been determined that construction for

the Conklin Dumps site has been

completed and that the construction

activities performed on-site were

consistent with the RD plans and

specifications and conform with the

remedies selected in the ROD, as

modified by the ESD.
Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Proposed Rules 5953

EPA, with concurrence from the State

on December 16, 1996, has determined

that the response actions undertaken at

the Conklin Dumps site are protective of

human health and the environment.

In accordance with 40 CFR

300.425(e), sites may be deleted from

the NPL where no further response is

appropriate. EPA, in consultation with

the State, has determined that all

appropriate responses under CERCLA

have been implemented and that no

further cleanup by responsible parties is

appropriate. Having met the deletion

criteria, EPA proposes to delete the

Conklin Dumps site from the NPL.

Dated: January 17, 1997.

William J. Muszynski,

Acting Regional Administrator.

[FR Doc. 97–2994 Filed 2–7–97; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Public Health Service

42 CFR Part 68a

RIN 0905–AE56

National Institutes of Health Clinical

Research Loan Repayment Program

for Individuals from Disadvantaged

Backgrounds

AGENCY: National Institutes of Health,

Public Health Service, DHHS.

ACTION: Notice of proposed rulemaking.

SUMMARY: The National Institutes of

Health (NIH) proposes to issue a

regulation to implement provisions of

the Public Health Service Act

authorizing the NIH Clinical Research

Loan Repayment Program for

Individuals from Disadvantaged

Backgrounds. The purpose of the

program is the recruitment and

retention of highly qualified health

professionals who are from

disadvantaged backgrounds to clinical

research, as employees of the NIH, by

providing repayment of qualified

educational loans.

DATES: Comments must be received on

or before April 11, 1997, in order to

assure that NIH will be able to consider

the comments in preparing the final

rule.

ADDRESSES: Comments should be sent to

Jerry Moore, NIH Regulations Officer,

Office of Management Assessment, NIH,

Building 31, Room 1B05, 31 CENTER

DR MSC 2075, BETHESDA, MD 20892–

2075.

FOR FURTHER INFORMATION CONTACT: Jerry

Moore at the address above, or

telephone (301) 496–4606 (not a toll-free

number).

SUPPLEMENTARY INFORMATION: The NIH

Revitalization Act of 1993 (Pub. L. 103–

43) was enacted June 10, 1993, adding

section 487E of the Public Health

Service (PHS) Act, 42 U.S.C. 288–5.

Section 487E authorizes the Secretary to

carry out a program of entering into

contracts with appropriately qualified

health professionals from disadvantaged

backgrounds with substantial

educational loan debt relative to

income. Under such contracts, qualified

health professionals agree to conduct

clinical research as NIH employees for

a minimum of two years, in

consideration of the Federal

Government agreeing to repay a

maximum of $20,000 annually of the

principal and the interest of the

educational loans of such health

professionals. This program is known as

the NIH Clinical Research Loan

Repayment Program for Individuals

from Disadvantaged Backgrounds. The

NIH is proposing to amend title 42 of

the Code of Federal Regulations by

adding a new part 68a to govern the

administration of this loan repayment

program.

The proposed regulation specifies the

scope and purpose of the program, who

is eligible to apply, how individuals

apply to participate in the program, how

participants are selected, and the terms

and conditions of the program. The

purpose of this notice is to invite public

comment on the proposed regulation.

The following is provided as public

information.

Executive Order 12866

Executive Order 12866 requires that

all regulatory actions reflect

consideration of the costs and benefits

they generate, and that they meet certain

standards, such as avoiding the

imposition of unnecessary burdens on

the affected public. If a regulatory action

is deemed to fall within the scope of the

definition of the term ‘‘significant

regulatory action’’ contained in section

3(f) of the Order, pre-publication review

by the Office of Management and

Budget’s Office of Information and

Regulatory Affairs (OIRA) is necessary.

This proposed rule has been reviewed

under Executive Order 12866 by OIRA

and has been deemed not significant.

Regulatory Flexibility Act

The Regulatory Flexibility Act of 1980

requires that regulatory proposals be

analyzed to determine whether they

create a significant impact on a

substantial number of small entities. I

certify that any final rule resulting from

this proposal will not have any such

impact.

Paperwork Reduction Act

This proposed rule does not contain

any information collection requirements

which are subject to Office of

Management and Budget (OMB)

approval under the Paperwork

Reduction Act of 1995 (44 U.S.C.

Chapter 35). The application forms for

use by the NIH Clinical Research Loan

Repayment Program for Individuals

from Disadvantaged Backgrounds have

been submitted to OMB for approval.

Catalog of Federal Domestic Assistance

The Catalog of Federal Domestic

Assistance numbered program affected

by the proposed regulation is:

93.220—NIH Clinical Research Loan

Repayment Program for Individuals

from Disadvantaged Backgrounds

List of Subjects in 42 CFR Part 68a

Health—clinical research, medical

research; Loan programs—health.

Dated: December 2, 1996.

Harold Varmus,

Director, National Institutes of Health.

For reasons presented in the

preamble, it is proposed to amend title

42 of the Code of Federal Regulations by

adding a new Part 68a to read as set

forth below.

PART 68A—NATIONAL INSTITUTES

OF HEALTH (NIH) CLINICAL

RESEARCH LOAN REPAYMENT

PROGRAM FOR INDIVIDUALS FROM

DISADVANTAGED BACKGROUNDS

(CR–LRP)

Sec.

68a.1 What is the scope and purpose of the

NIH Clinical Research Loan Repayment

Program for Individuals from

Disadvantaged Backgrounds (CR–LRP)?

68a.2 Definitions.

68a.3 Who is eligible to apply?

68a.4 Who is eligible to participate?

68a.5 Who is ineligible to participate?

68a.6 How do individuals apply to

participate in the CR–LRP?

68a.7 How are applicants selected to

participate in the CR–LRP?

68a.8 What does the CR–LRP provide to

participants?

68a.9 What loans qualify for repayment?

68a.10 What does an individual have to do

in return for loan repayments received

under the CR–LRP?

68a.11 How does an individual receive loan

repayments beyond the initial two-year

contract?

68a.12 What will happen if an individual

does not comply with the terms and

conditions of participation in the CR–

LRP?