Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Rules and Regulations 11589 

by voluntary consensus standards 

bodies. NTTAA directs EPA to provide 

Congress, through OMB, explanations 

when the Agency decides not to use 

available and applicable voluntary 

consensus standards. 

This action does not involve technical 

standards. Therefore, EPA is not 

considering the use of any voluntary 

consensus standards. 

J. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

Executive Order 12898 (59 FR 7629, 

February 16, 1994) establishes Federal 

executive policy on environmental 

justice. Its main provision directs 

Federal agencies, to the greatest extent 

practicable and permitted by law, to 

make environmental justice part of their 

mission by identifying and addressing, 

as appropriate, disproportionately high 

and adverse human health or 

environmental effects of their programs, 

policies, and activities on minority 

populations and low-income 

populations in the United States. 

The EPA has determined that this 

action will not have disproportionately 

high and adverse human health or 

environmental effects on minority or 

low-income populations because it does 

not affect the level of protection 

provided to human health or the 

environment because it is a rule 

addressing information collection and 

reporting procedures. 

K. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996 (SBREFA), 

generally provides that before a rule 

may take effect, the agency 

promulgating the rule must submit a 

rule report, which includes a copy of 

the rule, to each House of the Congress 

and to the Comptroller General of the 

United States. The EPA will submit a 

report containing this rule and the 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the U.S. A 

major rule cannot take effect until 60 

days after it is published in the Federal 

Register. This action is not a ‘‘major 

rule’’ as defined by 5 U.S.C. 804(2). This 

rule is effective on April 22, 2013 

without further notice, unless the EPA 

receives adverse comment by March 21, 

2013. If the EPA receives adverse 

comment by March 21, 2013, the EPA 

will publish a timely withdrawal notice 

in the Federal Register to inform the 

public that this rule will not take effect. 

List of Subjects in 40 CFR Part 98 

Environmental Protection, 

Administrative practice and procedures, 

Air pollution control, Greenhouse gases, 

Monitoring, Reporting and 

recordkeeping requirements. 

Dated: February 6, 2013. 

Lisa P. Jackson, 

Administrator. 

For the reasons discussed in the 

preamble, title 40, chapter I, of the Code 

of Federal Regulations is amended as 

follows: 

PART 98—MANDATORY 

GREENHOUSE GAS REPORTING 

■ 1. The authority citation for part 98 

continues to read as follows: 

Authority: 42 U.S.C. 7401–7671q. 

Subpart W—[Amended] 

■ 2. Section 98.234 is amended by 

revising paragraph (f)(8)(i) to read as 

follows: 

§ 98.234 Monitoring and QA/QC 

requirements. 

* * * * * 

(f) * * * 

(8) * * * 

(i) Timing of request. EPA does not 

anticipate a need for best available 

monitoring methods beyond 2011, but 

for all reporting years after 2011, best 

available monitoring methods will be 

considered for unique or unusual 

circumstances which include data 

collection methods that do not meet 

safety regulations, technical 

infeasibility, or counter to other local, 

State, or Federal regulations. For use of 

best available monitoring methods in 

2012, an initial notice of intent to 

request best available monitoring 

methods must be submitted by 

December 31, 2011. Any notice of intent 

submitted prior to April 22, 2013 cannot 

be used to meet this December 31, 2011 

deadline; a new notice of intent must be 

signed and submitted by the designated 

representative. In addition to the initial 

notification of intent, owners or 

operators must also submit an extension 

request containing the information 

specified in paragraph (f)(8)(ii) of this 

section by March 30, 2012. Any best 

available monitoring methods request 

submitted prior to April 22, 2013 cannot 

be used to meet the March 30, 2012 

deadline; a new best available 

monitoring methods request must be 

signed and submitted by the designated 

representative. Owners or operators that 

submit both a timely notice of intent 

and extension request consistent with 

paragraph (f)(8)(ii) of this section can 

automatically use best available 

monitoring method through June 30, 

2012, for the specific parameters 

identified in their notification of intent 

and best available monitoring methods 

request regardless of whether the best 

available monitoring methods request is 

ultimately approved. Owners or 

operators that submit a notice of intent 

but do not follow up with a best 

available monitoring methods request 

by March 30, 2012 cannot use best 

available monitoring methods in 2012. 

For 2012, when an owner or operator 

has submitted a notice of intent and a 

subsequent best available monitoring 

method extension request, use of best 

available monitoring methods will be 

valid, upon approval by the 

Administrator, until the date indicated 

in the approval or until December 31, 

2012, whichever is earlier. For reporting 

years after 2012, a new request to use 

best available monitoring methods must 

be submitted by June 30th of the year 

prior to the reporting year for which use 

of best available monitoring methods is 

sought. 

* * * * * 

[FR Doc. 2013–03469 Filed 2–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1990–0011; FRL–9780–6] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List: Deletion of the KerrMcGee Sewage Treatment Plant 

Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA) Region 5 is 

publishing a direct final Notice of 

Deletion of the Kerr-McGee Sewage 

Treatment Plant Superfund Site (Site) 

located in West Chicago, Illinois, from 

the National Priorities List (NPL). The 

NPL, promulgated pursuant to Section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix to the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Illinois, through the Illinois 

Environmental Protection Agency 

(IEPA), because EPA has determined 


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that all appropriate response actions 

under CERCLA have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective April 22, 2013 unless EPA 

receives adverse comments by March 

21, 2013. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1990–0011, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• Email: Timothy Fischer, Remedial 

Project Manager, at 

timothy.fischer@epa.gov or Janet Pope, 

Community Involvement Coordinator, at 

pope.janet@epa.gov. 

• Fax: Gladys Beard, NPL Deletion 

Process Manager at (312) 886–4071. 

• Mail: Timothy Fischer, Remedial 

Project Manager, U.S. Environmental 

Protection Agency (SR–6J), 77 West 

Jackson Boulevard, Chicago, IL 60604, 

(312) 886–5787, or Janet Pope, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency 

(SI–7J), 77 West Jackson Boulevard, 

Chicago, IL 60604, (312) 353–0628 or 

(800) 621–8431. 

• Hand delivery: Janet Pope, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency 

(SI–7J), 77 West Jackson Boulevard, 

Chicago, IL 60604. Such deliveries are 

only accepted during the docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

normal business hours are Monday 

through Friday, 8:30 a.m. to 4:30 p.m. 

CST, excluding federal holidays. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1990– 

0011. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information 

may not be publicly available, e.g., CBI 

or other information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically at http:// 

www.regulations.gov or in hard copy at: 

• U.S. Environmental Protection 

Agency-Region 5, 77 West Jackson 

Boulevard, Chicago, IL 60604, Phone: 

(312) 353–1063, Hours: Monday through 

Friday, 8:30 a.m. to 4:30 p.m. CST, 

excluding federal holidays. 

• West Chicago Public Library, 118 

West Washington Street, West Chicago, 

IL 60185, Phone: (630) 231–1552, Hours: 

Monday through Thursday, 9:00 a.m. to 

9:00 p.m. CST; Friday and Saturday, 

9:00 a.m. to 5:00 p.m. CST; and Sundays 

until May, 1:00 p.m. to 5:00 p.m. CST. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Fischer, Remedial Project 

Manager, U.S. Environmental Protection 

Agency (SR–6J), 77 West Jackson 

Boulevard, Chicago, IL 60604, (312) 

886–5787, or fischer.timothy@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region 5 is publishing this direct 

final Notice of Deletion of the KerrMcGee Sewage Treatment Plant 

Superfund Site (Kerr-McGee STP Site) 

from the National Priorities List (NPL). 

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 (CERCLA) of 1980, as amended. 

EPA maintains the NPL as the list of 

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). As described in 300.425(e)(3) of 

the NCP, sites deleted from the NPL 

remain eligible for Fund-financed 

remedial actions if future conditions 

warrant such actions. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective April 22, 2013 

unless EPA receives adverse comments 

by March 21, 2013. Along with this 

direct final Notice of Deletion, EPA is 

co-publishing a Notice of Intent to 

Delete in the ‘‘Proposed Rules’’ section 

of the Federal Register. If adverse 

comments are received within the 30- 

day public comment period on this 

deletion action, EPA will publish a 

timely withdrawal of this direct final 

Notice of Deletion before the effective 

date of the deletion, and the deletion 

will not take effect. EPA will, as 

appropriate, prepare a response to 

comments and continue with the 

deletion process on the basis of the 

Notice of Intent to Delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

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 Kerr-McGee STP Site 

and demonstrates how it meets the 

deletion criteria. Section V discusses 

EPA’s action to delete the site from the 

NPL unless adverse comments are 

received during the public comment 

period. 

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; 


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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. 

Pursuant to CERCLA Section 121(c) 

and the NCP, EPA conducts five-year 

reviews to ensure the continued 

protectiveness of remedial actions 

where hazardous substances, pollutants, 

or contaminants remain at a site above 

levels that allow for unlimited use and 

unrestricted exposure. EPA conducts 

such five-year reviews even if a site is 

deleted from the NPL. EPA may initiate 

further action to ensure continued 

protectiveness at a deleted site if new 

information becomes available that 

indicates it is appropriate. Whenever 

there is a significant release from a site 

deleted from the NPL, the deleted site 

may be restored to the NPL without 

application of the hazard ranking 

system. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the State of 

Illinois prior to developing this direct 

final Notice of Deletion and the Notice 

of Intent to Delete co-published today in 

the ‘‘Proposed Rules’’ section of the 

Federal Register. 

(2) EPA has provided the State thirty 

(30) working days for review of this 

notice and the parallel Notice of Intent 

to Delete prior to their publication 

today, and the State, through the IEPA, 

has concurred on the deletion of the Site 

from the NPL. 

(3) Concurrently with the publication 

of this direct final Notice of Deletion, a 

notice of the availability of the parallel 

Notice of Intent to Delete is being 

published in a major local newspaper, 

‘‘The Daily Herald.’’ The newspaper 

notice announces the 30-day public 

comment period concerning the Notice 

of Intent to Delete the Site from the 

NPL. 

(4) EPA placed copies of documents 

supporting the proposed deletion in the 

deletion docket and made these items 

available for public inspection and 

copying at the Site information 

repositories identified above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this deletion action, EPA will 

publish a timely notice of withdrawal of 

this direct final Notice of Deletion 

before its effective date and will prepare 

a response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. 

Deletion of a site from the NPL does 

not itself create, alter, or revoke any 

individual’s rights or obligations. 

Deletion 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 Site Deletion 

The following information provides 

EPA’s rationale for deleting the Site 

from the NPL. 

Site Background and History 

The Kerr-McGee STP Site is located in 

West Chicago, DuPage County, Illinois, 

and is comprised of the West Chicago 

Sewage Treatment Plant and 

approximately 1.2 miles of the West 

Branch DuPage River. The Site property 

and the sediments, banks and floodplain 

soils along the river were contaminated 

with radioactive thorium waste 

materials that originated at a thorium 

milling facility in West Chicago known 

as the Rare Earths Facility (REF). West 

Chicago is located approximately 30 

miles west of downtown Chicago, has a 

population of approximately 27,086 

(2010 census), and is characterized as 

suburban, with primarily high-density, 

single-family residential housing. The 

STP property is owned and operated by 

the City of West Chicago and is located 

at Illinois Routes 59 and 38 at Sarana 

Drive. The West Branch DuPage River is 

located along the eastern edge of the 

STP property and flows south through 

forest preserve and residential 

properties. The STP site extends as far 

south as the river’s confluence with 

Kress Creek; all areas of the river south 

of that point are included as part of the 

Kerr-McGee Kress Creek/West Branch 

DuPage River Site, a related site in the 

West Chicago area. 

The REF, operated by Lindsay Light 

and Chemical Company and its 

successors from 1932 until 1973, 

produced radioactive elements such as 

thorium, radium and uranium, along 

with gas lantern mantles, by extracting 

the elements from monazite sands and 

other ores. These operations resulted in 

the generation of radioactive mill 

tailings. Radioactive ore, tailings and 

process wastes from the REF were used 

at the STP property as fill material and 

to contour grounds, and also were used 

as fill along portions of the riverbank. 

Over time, some of the contaminated 

materials located on the STP property 

and along the riverbank entered the 

river through erosion and surface water 

runoff and were deposited downstream 

in sediments, banks and flood plain 

soils. Kerr-McGee purchased the REF in 

1967 and maintained operations until 

closing the facility in 1973. 

EPA proposed the STP site to the 

National Priorities List (NPL) on 

October 15, 1984 (49 FR 40320), and 

added it to the final list on August 30, 

1990 (55 FR 35502). In 1985, KerrMcGee entered into an agreement with 

the City of West Chicago under which 

Kerr-McGee conducted cleanup 

activities at the STP property, removing 

an estimated 57,000 cubic yards of 

material from the site during 1986 and 

1987. 

Contaminated materials were left 

behind in certain areas of the STP 

property and along the riverbank, and 

the 1.2 mile stretch of the river was not 

addressed by the City’s agreement with 

Kerr-McGee. No other removal actions 

were taken at the site until the EPA 

required the time-critical removal action 

discussed below. Currently, there are no 

redevelopment plans for the STP site. 

Remedial Investigation and Feasibility 

Study 

EPA began a fund-lead remedial 

investigation/feasibility study (RI/FS) at 

the STP site in 1992. EPA’s RI was 

designed to (1) identify areas of the STP 

property where residual contamination 

was left behind during the mid-1980s 

cleanup, and (2) fully investigate the 

nature and extent of contamination in 

the river. During settlement negotiations 

with Kerr-McGee, a potentially 

responsible party (PRP), associated with 

this site and three other related NPL 

sites in the West Chicago area, KerrMcGee agreed to take over the 

completion of the RI/FS and to conduct 

a time-critical removal action at the STP 

property. EPA then divided the STP site 

into two operable units: An Upland 

Operable Unit (STP Upland OU) 

consisting of the STP property, and a 

second OU, consisting of the riverbank 

along the STP property and the 1.2 mile 

stretch of the West Branch DuPage River 

from the STP property to the confluence 

with Kress Creek (STP River OU). 

On October 7, 2003, EPA signed an 

action memorandum for a time-critical 

removal action at the STP Upland OU, 

and on October 16, 2003, EPA entered 

into an administrative order on consent 

(AOC) in which Kerr-McGee agreed to 

conduct the removal action. The 

selected removal action included 

excavation and offsite disposal of 


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materials contaminated with radiation 

until predetermined verification points 

based upon relevant and appropriate 

state and federal regulations were 

achieved. The predetermined 

verification points, consisting of 

specified depths/elevations at numerous 

points across the STP property, were 

based on extensive site characterization 

data and were designed to remove 

materials that had been identified 

during site characterization activities as 

exceeding 7.2 picoCuries per gram (pCi/ 

g) combined radium. (The relevant and 

appropriate state and federal regulations 

include a health-based surface soil 

standard of 5 pCi/g above background, 

and background in the West Chicago 

area was determined to be 2.2 pCi/g.) 

The selected removal action also 

included backfilling and restoring the 

excavated areas of the site. Kerr-McGee 

began on-site removal action work at the 

STP Upland OU in October 2003. 

On November 21, 2003, EPA signed 

an AOC with Kerr-McGee under which 

they agreed to complete the RI/FS at the 

STP site. Kerr-McGee completed the RI 

and FS reports, and EPA completed the 

human health and ecological risk 

assessment reports. Human health risks 

that were identified above protective 

levels include soil ingestion and 

inhalation (non-Radon) risks to 

maintenance workers and radon 

inhalation risks to future residential 

users at the Upland OU. At the STP 

River OU, residential risks to radon 

inhalation and recreational risks to fish 

ingestion were found to be above a 

protective level. For the ecological risk 

assessment, chemical and radiation 

effects were assessed at both OUs. EPA 

determined that potential risks to 

environmental receptors would be 

minimized or eliminated by the cleanup 

actions taken at the site. 

Kerr-McGee completed most of the 

on-site removal action work at the STP 

Upland OU during 2004. A total of 

6,557 loose cubic yards of contaminated 

soil was removed from the site. Because 

portions of the STP property were used 

to support remedial action work at the 

STP River OU, final restoration 

activities could not be completed at the 

Upland OU until 2006. EPA and the 

State conducted a pre-final inspection of 

the removal action work at the STP 

Upland OU on August 8, 2006 and 

determined that Kerr-McGee had 

constructed the remedy in accordance 

with the removal action plans and 

specifications. One minor item was 

identified during the pre-final 

inspection; regrading and reseeding of a 

small area around a storm inlet 

manhole—and that action was 

completed by August 11, 2006. 

In accordance with the AOC for the 

STP Upland OU, on September 12, 

2006, Kerr-McGee prepared and 

submitted a final removal action report 

to EPA for review and approval. EPA 

approved the removal action report and 

issued a Notice of Completion of 

activities required by the AOC on 

August 12, 2008. The cost of the timecritical removal action at the STP 

Upland OU reported in the final 

removal action report was $3.15 million. 

Record of Decision Findings 

On September 30, 2004, EPA signed a 

Record of Decision (ROD) for the STP 

Site. The ROD for the STP Site 

addressed both the Upland OU and the 

River OU and identified the following 

remedial action objectives (RAOs) for 

the site: 

• Reduce risks to human health and 

the environment presented by 

sediments and soils containing elevated 

levels of total radium by reducing soil 

concentration to levels that are 

consistent with the requirements 

outlined in 40 CFR part 192 (the 

regulations implementing the Uranium 

Mill Tailings Radiation Control Act) and 

Illinois Source Material Milling 

Regulations; and 

• Mitigate, to the extent practicable, 

potential adverse effects to the 

environment as a result of 

implementation of remedial activities at 

the site. 

For the STP Upland OU, the ROD 

selected no further action after 

completion of the ongoing time-critical 

removal action at that portion of the 

site. For the STP River OU, the ROD 

selected the following remedy: 

• Excavation and off-site disposal of 

contaminated soils and sediments from 

the site using mechanical ‘‘dry 

excavation’’ techniques. Contaminated 

materials are those materials within predefined excavation envelopes based on 

extensive site characterization activities 

that identified materials exceeding 7.2 

pCi/g; 

• Mitigation and restoration activities 

to restore aquatic and terrestrial areas of 

the site, including revegetation of 

appropriate areas and stabilization of 

stream banks; 

• Monitoring and maintenance of 

restored areas to assess the effectiveness 

of stabilization and revegetation 

measures. 

Similar to the removal action at the 

STP Upland OU, the cleanup at the STP 

River OU included excavation of 

materials contaminated with radiation 

until predetermined verification points 

were achieved. The predetermined 

verification points, consisting of 

specified depths/elevations at numerous 

points, were based on extensive site 

characterization data and were designed 

to remove materials that had been 

identified as exceeding 7.2 pCi/g. 

The ROD specified that the selected 

remedy for the site is protective of 

human health and the environment and 

will not result in hazardous substances, 

pollutants or contaminants remaining 

on-site above levels that allow for 

unlimited use and unrestricted 

exposure. As a result, institutional 

controls are not required for the Site. 

In a 2005 federal consent decree with 

the United States, EPA, Department of 

Interior, and the State of Illinois, KerrMcGee agreed to perform the remedial 

design/remedial action (RD/RA) at the 

STP River OU and to complete the 

removal action at the STP Upland OU 

in accordance with the AOC for that 

portion of the site. Kerr-McGee 

conducted the RD for the STP River OU 

as required by the ROD, and the STP 

River OU was divided into two discreet 

‘‘Reaches’’ for design and construction 

purposes. Reach 5A comprises the 

northern portion of the STP River OU, 

and extends from the STP property to 

Gary’s Mill Road. Reach 5B comprises 

the southern portion of the STP River 

OU and extends from Gary’s Mill Road 

to the river’s confluence with Kress 

Creek. On-site remedial action 

construction work began in Reach 5A on 

November 1, 2004, after EPA 

conditionally approved the remedial 

design for a portion of that reach. 

Remedial action work continued in 

Reaches 5A and 5B of the site during 

portions of 2005 and 2006. The 

sequencing of work at the STP River OU 

depended on Kerr-McGee’s progress 

conducting remedial action work at the 

related Kerr-McGee Kress Creek site. 

Kerr-McGee conducted remedial 

activities at the STP River OU as 

planned. 

Reach 5A of the site was cleaned up 

using dry excavation methods. 

Individual excavation areas located 

along the river bank and/or in the river 

corridor were isolated with ‘‘super sac’’ 

or sandbag enclosures, and the area 

within each enclosure was then 

dewatered so that excavation and 

restoration work could proceed in 

relatively dry conditions. A total of 

1,432 loose cubic yards of contaminated 

soil and sediment was removed from 

Reach 5A. EPA and the State conducted 

a pre-final inspection of the remedial 

action work in Reach 5A on August 8, 

2006, and determined that Kerr-McGee 

constructed the remedy for that portion 

of the site in accordance with the RD 

plans and specifications. Minor items 

were identified during the pre-final 

inspection, which included completing 


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several plantings and removing some 

silt fence, and these were completed by 

August 11, 2006. 

Dry excavation of Reach 5B of the site 

was accomplished by using a pump 

bypass and dewatering system which (1) 

Isolated the entire reach with sheet pile 

diversion and backflow dams, (2) 

diverted the flow of the West Branch 

DuPage River through a 48′′ bypass pipe, 

and (3) used dewatering sumps within 

the Reach to control groundwater in the 

excavation areas. All excavation work 

associated with the removal of 

contaminated materials was completed 

by September 9, 2006, and all 

contaminated materials were shipped 

off-site by September 20, 2006. The 

pump bypass system remained in 

operation to complete bank stabilization 

activities and in-stream habitat 

enhancements in dry conditions. Under 

a separate consent decree between KerrMcGee and the local communities, KerrMcGee was required to conduct 

additional habitat enhancement 

activities that were not required by the 

2005 federal consent decree. These 

additional activities necessitated the 

pump bypass system operating for a 

longer period of time than would have 

been required to achieve the 

requirements of the ROD and the 2005 

federal consent decree. 

EPA and the State conducted a prefinal inspection of the remedial action 

work in Reach 5B on September 29, 

2006, and determined that Kerr-McGee 

constructed the remedy for that portion 

of the site in accordance with the RD 

plans and specifications. 

Cleanup Goals 

Contaminated areas at the Kerr-McGee 

STP site were identified by the 

installation of hundreds of soil and 

sediment borings where gamma 

radiation logging was conducted to 

determine the lateral and vertical extent 

of contamination. To verify that the 

cleanup goals were achieved at the STP 

Upland OU, confirmatory soil samples 

were collected and the results were 

documented in the Final Removal 

Action Report, dated September 12, 

2006. Compliance with the 7.2 pCi/g 

cleanup standard in the STP River OU 

was determined using field surveys to 

verify that excavation in the river and 

flood plain had achieved the identified 

elevations and lateral extent where 

contamination was deposited. 

In accordance with the 2005 federal 

consent decree, the extensive excavation 

and radiation logging, and the field 

surveys document the successful 

completion of the remedial action and 

show that verification soil samples are 

not necessary. In addition, the 7.2 pCi/ 

g cleanup standard at the River OU is a 

residential cleanup number which 

represents a conservative standard for 

the reasonably anticipated uses of the 

River area. 

Operation and Maintenance 

There are no remaining operation and 

maintenance requirements for the KerrMcGee STP Site. All response activities 

are complete and all physical 

components of the response have been 

removed. 

Five-Year Review 

Hazardous substances will not remain 

at the site above levels that allow 

unlimited use and unrestricted exposure 

after the completion of the remedial 

action. Pursuant to CERCLA section 

121(c), and as provided in the current 

guidance on Five Year Reviews: OSWER 

Directive 9355.7–03B–P, 

Comprehensive Five-Year Review 

Guidance, June 2001, five-year reviews 

are not required for this site. 

Community Involvement 

Public participation activities have 

been satisfied as required in CERCLA 

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

CERCLA section 117, 42 U.S.C. 9617. 

Documents in the deletion docket which 

EPA relied on for recommendation of 

the deletion of this site from the NPL are 

available to the public in the 

information repositories and at 

www.regulations.gov. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The NCP (40 CFR 300.425(e)) states 

that a site may be deleted from the NPL 

when no further response action is 

appropriate. EPA, in consultation with 

the State of Illinois, has determined that 

all required response actions have been 

implemented and no further response 

action by the responsible parties is 

appropriate. 

V. Deletion Action 

EPA, with concurrence from the State 

of Illinois through the Illinois 

Environmental Protection Agency, has 

determined that all appropriate 

response actions under CERCLA have 

been completed. Therefore, EPA is 

deleting the Site from the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective April 22, 2013 

unless EPA receives adverse comments 

by March 21, 2013. If adverse comments 

are received within the 30-day public 

comment period, EPA will publish a 

timely withdrawal of this direct final 

Notice of Deletion before the effective 

date of the deletion, and it will not take 

effect. EPA will prepare a response to 

comments and continue with the 

deletion process on the basis of the 

notice of intent to delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Radiation protection, Radionuclides, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: January 28, 2013. 

Susan Hedman, 

Regional Administrator, Region 5. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

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. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing ‘‘Kerr-McGee 

(Sewage Treatment Plant)’’, ‘‘West 

Chicago’’, ‘‘IL’’. 

[FR Doc. 2013–03595 Filed 2–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 771 

Federal Transit Administration 

49 CFR Part 622 

[Docket No. FHWA–2012–0092] 

FHWA RIN 2125–AF46 

FTA RIN 2132–AB04 

Environmental Impact and Related 

Procedures 

AGENCY: Federal Highway 

Administration, Federal Transit 

Administration, DOT. 

ACTION: Final rule. 

SUMMARY: This final rule amends the 

Federal Highway Administration 

(FHWA) and Federal Transit 


sroberts on DSK5SPTVN1PROD with RULES