67280 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations

* * * * *

[FR Doc. 00–28714 Filed 11–8–00; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6898–2]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final deletion of the

Superfund Site from the National

Priorities List (NPL).

SUMMARY: EPA Region 5 announces the

deletion of the Ilada Energy Company

Site (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

Substance Pollution Continency Plan

(NCP), which EPA promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980, as amended, (CERCLA).

EPA and the Illinois Environmental

Protection Agency (IEPA) have

determined that the Site poses no

significant threat to public health or the

environment and, therefore, further

remedial measures pursuant to CERCLA

are not appropriate.

DATES: This ‘‘direct final’’ action will be

effective January 8, 2001, unless EPA

receives dissenting comments by

December 11, 2000. If written dissenting

comments are received, EPA will

publish a timely withdrawal of the rule

in the Federal Register informing the

public that the rule will not take effect.

ADDRESSES: Comments may be mailed to

Jon Peterson, Remedial Project Manager,

or Gladys Beard, Associate Remedial

Project Manager, U.S. Environmental

Protection Agency, Superfund Division,

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

Blvd., (SR–6J), Chicago, IL 60604.

Requests for comprehensive information

on this Site is available through the

public docket which is available for

viewing at the Site Information

Repositories at the following locations:

U.S. EPA Region 5, Administrative

Records, 77 W. Jackson Blvd., Chicago,

IL 60604, Illinois Environmental

Protection Agency, 1021 North Grand

Avenue East, Springfield, Illinois 62794

and Cape Girardeau Public Library, 711

N. Clark, Cape Girardeau, MO 63701.

FOR FURTHER INFORMATION CONTACT: Jon

Peterson at (312) 353–1264, email

peterson.jon@epa.gov or Gladys Beard

(SR–6J), U.S. Environmental Protection

Agency, 77 W. Jackson, Chicago, II,

(312) 886–7253, FAX (312) 886–4071, email beard.gladys@epa.gov

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis of Intended Site Deletion

V. Action

I. Introduction

The Environmental Protection Agency

(EPA) Region 5 announces the deletion

of the Ilada Energy Company Site, East

Girardeau, Illinois from the National

Priorities List (NPL), appendix B of the

National Oil and Hazardous Substances

Pollution Contingency Plan (NCP), 40

CFR part 300. 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 these sites. EPA and the State

of Illinois have determined that the

remedial action for the Site has been

successfully executed. EPA will accept

comments on this action for thirty days

after publication of this action in the

Federal Register.

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 the history of the Ilada Energy

Company Site and explains how the Site

meets the deletion criteria. Section V

states EPA’s action to delete the Site

from the NPL unless dissenting

comments are received during the

comment period.

II. NPL Deletion Criteria

Section 300.425(e) of the NCP

provides that Sites may be deleted from,

or recategorized on the NPL where no

further response is appropriate. In

making a determination to delete a Site

from the NPL, EPA shall consider, in

consultation with the state, whether any

of the following criteria has 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, taking of

remedial measures is not appropriate.

Even if the Site is deleted from the

NPL, where hazardous substances,

pollutants, or contaminants remain at

the Site above levels that allow for

unlimited use and unrestricted

exposure, EPA’s policy is that a

subsequent review of the Site will be

conducted at least every five years after

the initiation of the remedial action at

the Site to ensure that the Site remains

protective of public health and the

environment. In the case of this Site,

EPA will conduct a Five-Year Review in

the year of 2005. As explained below,

the Site meets the NCP’s deletion

criteria (i) listed above. If new

information becomes available which

indicates a need for further action, EPA

may initiate remedial actions. Whenever

there is a significant release from a site

deleted from the NPL, the site shall be

restored to the NPL without the

application of the Hazard Ranking

System (HRS).

III. Deletion Procedures

The following procedures were used

for the intended deletion of the Site:

(1) All appropriate responses under

CERCLA have been implemented and

no further action by EPA is appropriate;

(2) The State has concurred with the

proposed deletion decision; (3) A notice

has been published in the local

newspaper and has been distributed to

appropriate federal, state, and local

officials and other interested parties

announcing the commencement of a 30-

day dissenting public comment period

on EPA’s Direct Final Action to Delete;

and, (4) All relevant documents have

been made available for public review

in the local Site information

repositories. EPA is requesting only

dissenting comments on the Direct Final

Action to Delete.

For deletion of the Site, EPA’s

Regional Office will accept and evaluate

public comments on EPA’s Final Notice

before making a final decision to delete.

If necessary, the Agency will prepare a

Responsiveness Summary, responding

to each significant comment submitted

during the public comment period.

Deletion of the Site from the NPL does

not itself create, alter, or revoke any

individual’s rights or obligations. The

NPL is designed primarily for

informational purposes and to assist

Agency management. As mentioned in

section II of this document,

§ 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.

Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations 67281

IV. Basis for Intended Site Deletion

The following site summary provides

the Agency’s rationale for the proposal

to delete this Site from the NPL.

Site Background and History

The Ilada Energy Company site (the

‘‘Site’’) encompasses approximately 17

acres in southern Illinois, south of the

town of East Cape Girardeau in the

northwest quadrant of Section 32,

Township 14 South, Range 3 West. The

surrounding area is utilized primarily

for agricultural purposes. Farmland

borders the Site to the northeast, but the

remainder is owned by the US Forest

Service and used for silviculture. The

area is relatively flat with a ground

surface elevation of approximately 330

feet above mean sea level. The Site is

located within the 100-year floodplain

of the Mississippi River on the ‘‘dry’’

side of the 20-foot high flood control

levee which is located immediately to

the south of the Site. A 200-foot wide

slough was formed along the south toe

of the levee as a result of borrowing

material for its construction. This area is

swampy during the wet season

(approximately Fall through Spring)

supporting riparian vegetation

consisting of cattails and other aquatic

plants. The quarter-mile wide strip

between the river and the slough

comprises wooded areas, dense brush

and ground vegetation, and patches of

overgrown, idle cropland.

The main portion of the Site is

surrounded by a locked chain-link fence

to restrict access. Prior to the removal

action, there were seven structures and

twenty-two bulk oil tank and numerous

underground pipelines. All were

removed from the Site along with the

tank contents and the grossly

contaminated, on Site soil. The Site is

overgrown yearly with native grasses

and weeds.

The Site originally consisted of a tank

farm built for the U. S. Department of

War (DOW) in 1942. The location was

selected to take advantage of access

provided by the Mississippi River. The

facility was operated by Allied Oil

Terminal Company as a bulk fuel oil

storage/transfer terminal until the early

or mid-1950’s. Transfer piping ran

across the levee towards the river.

After Allied Terminal ceased using

the facility in the mid-1950’s, the Site

sat idle until purchased by the Kara Oil

Company in 1979. In 1982, it was

assigned to Larry Wilson of the Ilada

Energy Company (Ilada).

From 1981 to 1983, Ilada operated the

tank farm as a waste oil reclamation

facility. Additional tanks and structures

were added to the facility in that time

period.

Several inspections of the then

operating facility were conducted by the

Illinois EPA and the USEPA in 1982 and

1983. These inspections revealed that

Ilada was improperly storing, handling,

mixing, and disposing waste oils

contaminated with PCBs. Ilada and the

USEPA entered into a consent decree in

January 18, 1983. This decree ordered

Ilada to remove PCB-contaminated

materials and cease handling hazardous

materials and waste. Among other

actions, the order required the removal

of PCB-contaminated materials in

accordance with Toxic Substance

Control Act (TSCA). It also required

Ilada to close all activities relating to the

receipt, transportation, storage,

handling, use and disposal of PCBs,

chemicals, and other wastes. Later in

1983, the boiler was removed by Ilada

as well as some pumps and related

equipment from the pump house, and

office and laboratory equipment were

removed from the Office Building. In

1986, the Illinois EPA installed six

groundwater monitoring wells on the

Site. The Site was subsequently

proposed for inclusion on the National

Priorities List (NPL) pursuant to section

105 of CERCLA on June 24, 1988. The

listing of the Site on the NPL was

finalized on October 4, 1989. Site visits

in 1989 indicated spillage and leakage

of oils on the ground near several tanks

and tank valves. Ilada failed to remove

any of the PCB waste. After Ilada’s

failure to perform the required actions,

a Unilateral Order was issued.

In 1989, a Unilateral Administrative

Order was issued pursuant to section

106 of CERCLA to remove PCB materials

from the Site. As a result of the section

106 Order, four of the companies

included as PRPs formed the Ilada

Energy Company—East Cape Girardeau

Group. These companies included Shell

Oil Company, Metal Container

Corporation, Granite City Steel Division

of National Steel, and Emerson Electric

Company. The group was then ordered

to initiate a Remedial Investigation (RI)

to determine the source, nature and

extent of the contamination at the Site

following the removal action.

The RI was finalized and approved by

Illinois EPA in April of 1999. The

Human Health Baseline Risk

Assessment (HHRA) and Ecological Risk

Assessment (ERA) were finalized and

approved by Illinois EPA in July of

1999.

All structures used by Ilada Energy,

including foundations, tanks, above

ground and buried pipelines (including

those south of the levee), debris, and

grossly contaminated soils were

removed as part of the August 7, 1992,

removal action. The only remnants of

the tank farm are the repaired seven-foot

high perimeter fence, roads, subdued

remnants of the six berms around the

tank areas, and the former site

production water well. Nearly all of the

brush and trees were removed during

the removal action. Weeds and brush

have re-established a vegetative cover

since completion of site activities.

With the exception of a localized pool

of subsurface aviation gasoline, no

continuing source of constituents

associated with site operations remains

on the Site. The lateral extent of this

pool has been fully delineated and is

confined to an area of about 50 by 75

feet. This pool was observed in one

monitoring well, D12. Subsurface

investigation in the area of D12 revealed

that the pool is discontinuous and is not

present as a contiguous pool of mobile

liquid floating on the groundwater. All

other materials and potential sources,

including grossly contaminated surficial

soils, were removed during the removal

action.

The 1999 RI report yielded

information regarding the nature and

extent of the contamination remaining

at the Site including the following:

• The site surface and subsurface

soils contain generally low levels of

Volatile Organic Compounds (VOC’s)

and Semi-Volatile Organic Compounds

(SVOC’S).

• A localized subsurface pocket of

light non-aqueous phase liquid (LNAPL)

composed of aviation gasoline remains

from the site’s original use as a fuel

storage depot approximately 40 years

ago. The lateral extent of this pocket

measures approximately 50 by 75 feet,

and it is entirely contained on the Site.

• The adjacent properties to the

south, east, west, and north are

unavailable for future development

because they were acquired in 1997 as

part of a federal flood control program.

The removal action conducted

between 1989 and 1991 substantially

mitigated the human health and

environmental threats posed by this site.

This action resulted in the removal from

the Site of all tanks and their contents,

piping, structures, and grossly

contaminated soils. A total of 442,162

gallons of oil and sludge were sent

offsite to be burned as waste fuel in

cement kilns; 142,700 gallons of PCB

contaminated oil and sludge were

incinerated at a permitted off-site

facility; 865,700 gallons of contaminated

water were treated and discharged to the

river after testing showed that it met

Clean Water Act standards; 1055 cubic

yards of soil and miscellaneous debris

were disposed offsite as special waste;

637 cubic yards were disposed offsite as

demolition debris; fifty cubic yards of

67282 Federal Register / Vol. 65, No. 218 / Thursday, November 9, 2000 / Rules and Regulations

PCB-contaminated soil were landfilled

at a permitted offsite facility; and 1264

tons of steel were recycled. All wastes

were removed from the Site and treated

or disposed elsewhere.

During the RI, an analysis was

conducted to estimate the health and

environmental problems that could

result from the residual soil and

groundwater constituents at the Ilada

Energy Site after the completion of the

removal action at the Site.

The Proposed Plan for the Ilada

Energy Superfund Site was released for

public comment in July 1999. The

Proposed Plan identified the ‘‘No

Further Action’’ alternative as the

preferred and only alternative for the

Site. Illinois EPA reviewed all written

and verbal comments submitted during

the public comment period. None were

received. It was determined that no

significant changes to the remedy, as

originally identified in the Proposed

Plan, were necessary or appropriate.

A no further remedial action Record

of Decision (ROD) was sign on

September 27, 1999. It has been

determined that no further remedial

action is necessary for the purpose of

mitigating environmental or human

health threats at this Site. The selected

remedy is protective of human health

and the environment, attains Federal

and State requirements that are

applicable or relevant and appropriate

for this remedial action, and is costeffective.

This remedy requires the maintenance

of institutional controls. The

institutional controls that consist of the

following:

• Prohibiting the installation of

groundwater wells for the purpose of

producing potable water, and;

• Prohibiting the use, improvement or

maintenance of any type of Site

property for residential purposes.

V. Action

The remedy selected for this Site has

been implemented in accordance with

the Record of Decision. The remedy

along with the previous removal actions

have resulted in the significant

reduction of the long-term potential for

release of contaminants, therefore,

threats to human health and the

environment have been minimized. EPA

and the State of Illinois find that the

response actions implemented provide

adequate protection of human health the

environment.

The Illinois EPA concurs with the

EPA that the criteria for deletion of the

Site have been met. Therefore, EPA is

deleting the Site from the NPL.

This action will be effective January 8,

2001. However, if EPA receives

dissenting comments by December 11,

2000, EPA will publish a document that

withdraws this action.

List of Subjects in 40 CFR Part 300

Environmental protection, Air

pollution control, Chemicals, Hazardous

substances, Hazardous waste,

Intergovernmental relations, Penalties,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: October 27, 2000.

Gary Gulezian,

Acting Regional Administrator, Region 5.

Part 300, title 40 of Chapter I of the

Code of Federal Regulations is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for part 300

continues to read as follows:

Authority: 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 the Site for

‘‘Ilada Energy Co., East Cape Girardeau,

IL’’.

[FR Doc. 00–28514 Filed 11–8–00; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA No. 00–2372; MM Docket No. 99–220;

RM–9601 and RM–9636]

Radio Broadcasting Services; Darby

and Stevensville, MT

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: This document allots Channel

300A to Darby, Montana, in response to

a petition filed by Mountain West

Broadcasting and denies the petition

filed by The Battani Corporation

requesting the allotment of Channel

300C2 at Stevensville, Montana. See 64

FR 34751, June 29, 1999. The

coordinates for Channel 300A at Darby

are 46–01–18 and 114–10–43. With this

action, this proceeding is terminated. A

filing window for Channel 300A at

Darby will not be opened at this time.

Instead, the issue of opening a filing

window for this channel will be

addressed by the Commission in a

subsequent order.

DATES: Effective December 11, 2000.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order, MM Docket No. 99–220,

adopted October 11, 2000, and released

October 20, 2000. The full text of this

Commission decision is available for

inspection and copying during normal

business hours in the Commission’s

Reference Center, 445 12th Street, SW,

Washington, DC. The complete text of

this decision may also be purchased

from the Commission’s copy

contractors, International Transcription

Services, Inc., 1231 20th Street, NW.,

Washington, DC 20036, (202) 857–3800,

facsimile (202) 857–3805.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Part 73 of title 47 of the Code of

Federal Regulations is amended as

follows:

PART 73—RADIO BROADCAST

SERVICES

1. The authority citation for Part 73

continues to read as follows:

Authority: 47 U.S.C. 154, 303, 334 and 336.

§ 73.202 [Amended]

2. Section 73.202(b), the Table of FM

Allotments under Montana, is amended

by adding Darby, Channel 300A.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 00–28690 Filed 11–8–00; 8:45 am]

BILLING CODE 6712–01–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[DA 00–2375; MM Docket No. 99–75; RM–

9446]

Radio Broadcasting Services; Grants,

Milan, NM

AGENCY: Federal Communications

Commission.

ACTION: Final rule; reconsideration.

SUMMARY: The Commission, at the

request of Against the Wind

Broadcasting, Inc., licensee of Station

KXXQ(FM) (formerly KQEO(FM)),

Grants, New Mexico, reconsiders and

sets aside the reallotment of Channel

264A from Grants to Milan, New

Mexico. See 65 FR 59751 (October 6,

2000).