[Federal Register Volume 74, Number 55 (Tuesday, March 24, 2009)]
[Rules and Regulations]
[Pages 12267-12272]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-6142]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-8784-7]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Direct final Notice of Partial Deletion of the Mouat Industries 
Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is 
publishing a direct final Notice of Partial Deletion of the surface and 
subsurface soil components of the Mouat Industries Superfund Site 
(Site), located in the Town of Columbus, Stillwater County, Montana, 
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 of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). This direct final partial deletion is being 
published by EPA with the concurrence of the State of Montana (State), 
through the Montana Department of Environmental Quality (MDEQ) because 
EPA has determined that all appropriate response actions at these 
identified parcels under CERCLA, other than five year reviews and 
operation and maintenance, have been completed. However, this partial 
deletion does not preclude future actions under Superfund.
    This partial deletion pertains to the surface and subsurface soils 
component of the Mouat Industries Superfund Site. The groundwater 
component will remain on the NPL and is not being considered for 
deletion as part of this action.

DATES: This direct final partial deletion will be effective May 26, 
2009 unless EPA receives adverse comments by April 23, 2009. If adverse 
comments are

[[Page 12268]]

received, EPA will publish a timely withdrawal of the direct final 
partial 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-1986-0005, by one of the following methods:
    <bullet> http://www.regulations.gov: Follow on-line instructions 
for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#781017171f1d0a101d111c1d560a171f1d0a381d0819561f170e"><span class="__cf_email__" data-cfemail="bfd7d0d0d8dacdd7dad6dbda91cdd0d8dacdffdacfde91d8d0c9">[email protected]</span></a>.
    <bullet> Fax: (406) 457-5056.
    <bullet> Mail: Roger Hoogerheide, Remedial Project Manager; U.S. 
EPA Montana Office; Federal Building, Suite 3200; 10 West 15th Street; 
Helena, MT 59626.
    <bullet> Hand delivery: U.S. EPA Montana Office; Federal Building, 
Suite 3200; 10 West 15th Street; Helena, MT 59626. Such deliveries are 
only accepted during the Docket's normal hours of operation, and 
special arrangements should be made for deliveries of boxed 
information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1986-0005. 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 e-mail. 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 e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail 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 is not 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 hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or are available for viewing and copying 
at the Site information repositories located at:

U.S. EPA Montana Office, Federal Building, Suite 3200, 10 West 15th 
Street, Helena, MT 59626, (406) 457-5000. Viewing Hours: Mon-Fri 8 a.m. 
to 5 p.m., excluding holidays.
Stillwater County Library, 27 North 4th Street; PO Box 266, Columbus, 
MT 59019-0266, 406-322-5009. Hours: (Library hours vary).


FOR FURTHER INFORMATION CONTACT: Roger Hoogerheide, Remedial Project 
Manager, 8MO, <a href="/cdn-cgi/l/email-protection#167e79797173647e737f72733864797173645673667738717960"><span class="__cf_email__" data-cfemail="01696e6e66647369646865642f736e666473416471602f666e77">[email protected]</span></a>, U.S. EPA, Region 8--Montana 
Office, 10 W. 15th St., Suite 3200, Helena, Montana 59626, (406) 457-
5031 or 1-866-457-2690, extension 5031.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Partial Deletion
V. Partial Deletion Action

I. Introduction

    EPA Region 8 is publishing this direct final Notice of Partial 
Deletion for the Mouat Industries Superfund Site from the National 
Priorities List. This partial deletion pertains to all surface and 
subsurface soils at the Mouat Industries Superfund Site. The NPL 
constitutes Appendix B of 40 CFR part 300 which is the Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), which EPA 
promulgated pursuant to Section 105 of the Comprehensive Environmental 
Response, Compensation and Liability Act 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). This partial deletion of the 
Mouat Industries Superfund Site is proposed in accordance with 40 CFR 
300.425(e) and is consistent with the Notice of Policy Change: Partial 
Deletion of Sites Listed on the National Priorities List. 60 FR 55466 
(Nov. 1, 1995). As described in 300.425(e)(3) of the NCP, a portion of 
a site deleted from the NPL remains eligible for Fund-financed remedial 
action if future conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective May 26, 2009 unless EPA receives 
adverse comments by April 23, 2009. Along with this direct final Notice 
of Partial Deletion, EPA is co-publishing a Notice of Intent for 
Partial Deletion in the ``Proposed Rules'' section of the Federal 
Register. If adverse comments are received within the 30-day public 
comment period on this partial deletion action, EPA will publish a 
timely withdrawal of this direct final Notice of Partial Deletion 
before the effective date of the partial deletion and the partial 
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 for Partial Deletion 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 Mouat Industries Superfund 
Site and demonstrates how the Site meets the deletion criteria. Section 
V discusses EPA's action to partially delete the Site parcels 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;
    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

[[Page 12269]]

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 surface and 
subsurface soil components of the Site:
    1. EPA has consulted with the State prior to developing this direct 
final Notice of Partial Deletion and the Notice of Intent for Partial 
Deletion co-published in the ``proposed Rules'' section of the Federal 
Register.
    2. EPA has provided the State 30 working days for review of this 
notice and the parallel Notice of Intent for Partial Deletion prior to 
their publication today, and the State, through the MDEQ, has concurred 
with the partial deletion of the Site from the NPL.
    3. Concurrently with the publication of this direct final Notice of 
Partial Deletion, a notice of the availability of the parallel Notice 
of Intent for Partial Deletion is being published in the Billings 
Gazette. The newspaper notice announces the 30-day public comment 
period concerning the Notice of Intent for Partial Deletion of the 
Mouat Industries Superfund Site from the NPL.
    4. The EPA placed copies of documents supporting the partial 
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 partial deletion, EPA will publish a timely 
notice of withdrawal of this direct final Notice of Partial Deletion 
before its effective date and continue with the deletion process on the 
basis of the Notice of Intent for Partial Deletion and the comments 
already received.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's right or obligations. 
Deletion of a portion of a site from the NPL does not in any way alter 
EPA's right to take enforcement actions, as appropriate. The NPL is 
designed primarily for informational purposes and to assist EPA 
management. Section 300.425(e)(3) of the NCP states that the deletion 
of a site from the NPL does not preclude eligibility for future 
response actions, should future conditions warrant such actions.

IV. Basis for Partial Site Deletion

    The following information provides EPA's rationale for deleting the 
surface and subsurface soils of the Mouat Industries Superfund Site 
from the NPL.

Site Background and History

    The Mouat Industries Superfund Site, CERCLIS ID MTD021997689, is 
located on Clough Avenue, Town of Columbus, Stillwater County, Montana. 
The Site is located in the flood-plain of the Yellowstone River and is 
less than 0.6 miles north of the present river channel in the SW \1/4\ 
of the NW \1/4\ of Section 27, T2S, R20E. The Site is approximately 4.5 
acres. Clough Avenue and a railroad line are to the north of the Site 
and East 1st Avenue South and the Columbus Airport are to the south. 
The Site is adjacent to 13th Street and a parcel of open land that is 
owned by the Town of Columbus to the east and the Timberweld 
manufacturing facility is to the west. Land use at the Site is 
designated as light and heavy industrial. Residential areas lie within 
0.5 miles of the Site. The portion of the Site that is fenced is owned 
by the Town of Columbus (Town) and Timberweld Manufacturing 
(Timberweld) owns the portion of the Site that is not fenced. The 
fenced portion of the Site is currently not being used and has a 
vegetative cover. Timberweld manufactures laminated beams and arches 
and supplies complete roof systems for a variety of structures 
including clubhouses, retail centers, banks, fine homes and churches 
around the United States and uses its portion of the Site as an open 
storage area for its products. Institutional Controls allow for 
redevelopment of this property as long as performance standards adopted 
under Chapter 17.76.030 and other requirements of the Town of Columbus 
Ordinance No. 328 (Superfund Overlay District) are followed.
    The Town has owned the eastern portion of the Site since 1933. In 
1960, the Town acquired the western portion of the Site which was later 
sold to Timberweld. Aerial photos of Columbus indicate 
industrialization of the area occurred between 1954 and 1957. A 
chromium processing plant was constructed on the Site in 1957 by 
William G. Mouat and Mouat Industries. Under a 5 year lease agreement 
with the Town, Mouat operated the plant beginning in 1957. In 1962, the 
lease was extended through August 6, 1967. Mouat's operation processed 
chromite ore mined from the Stillwater Mining Complex in south-central 
Montana into high-grade sodium dichromate which was sold as a corrosion 
inhibitor. The process subsequently generated sodium sulfate process 
wastes containing sodium chromate and sodium dichromate. These 
hexavalent chromium (Cr VI) containing compounds leached from the 
sodium sulfate waste piles into underlying soils and eventually into 
the groundwater. Additionally, normal facility operations resulted in 
sodium dichromate spills. The chromium processing plant was built and 
operated from 1957 to 1962. Chromium wastes were created during this 
time, but not after 1962.
    In May of 1963, the Monte Vista Company (MVC) purchased the plant 
and equipment, and received an assignment of Mouat's lease for a 
portion of the Site. As mentioned above, Mouat's lease expired in 1967. 
Once this lease ended, MVC executed a five year lease directly with the 
Town. This lease was effective from January 1, 1969 until December 31, 
1973.
    In 1968, Mouat assigned its interest in the agreements it had with 
MVC to the Anaconda Minerals Company (AMC). AMC was involved with the 
Site until 1973 and during this time AMC took actions to address 
concerns the Town had about the Site. In 1969, AMC removed 
approximately 468 tons of stockpiled chromium salts from the Site yard. 
A portion of these salts were drummed and placed in the manufacturing 
building. The remainder was simply placed on the building's floor. The 
Site was then graded and gravel was laid over a portion of the yard.
    In 1973, AMC performed sampling activities at the Site, identifying 
chromium in soils, surface water, and groundwater. Drainage ditches 
were also constructed around the manufacturing building to route storm 
water flow away from the building and yard. In an attempt to address 
visible chromium salts, sulfuric acid and ferrous sulfate were applied 
to the soil and mixed into a portion of the yard west and south of the 
building. The acid addition was done with the intent of reducing the Cr 
VI to the more stable and less soluble trivalent chromium (Cr III). AMC 
also removed tons of the drummed and stockpiled material from the 
manufacturing building to an off-Site location in Butte, Montana. In 
1974, MVC removed equipment from the Site and demolished the processing 
building.
    Timberweld entered into a lease with the Town for additional space 
on the

[[Page 12270]]

Site in 1975 to expand existing operations. During the same year, 
Timberweld discovered what was later found to be chromium precipitate 
coming up onto their property. Unsure of the source of this material, 
Timberweld covered both the leased and owned portions of their property 
with a foot of gravel, in an effort to protect the laminate wood 
products from the precipitate.
    Groundwater sampling in 1977 defined a hexavalent chromium plume 
migrating from the Site and spreading southeast toward the Yellowstone 
River. EPA and the Montana Solid Waste Management Bureau conducted a 
Preliminary Site Investigation in June 1979. Further groundwater, 
surface water and soil sampling was conducted by EPA in September 1980, 
August 1983, July 1984, and April 1985. In early 1984, a complaint of 
unusual cattle deaths downgradient of the Site at the Wegner Ranch was 
reported to the Montana Department of Health and Environmental 
Sciences. In 1984 and 1985, inspections were conducted in attempts to 
determine whether a release of Site contaminants may have been 
associated with cattle deaths. However, no report indicated that the 
death of cattle was tied to the chromium contamination.
    Hexavalent chromium is a hazardous substance as defined by CERCLA 
Section 101(14), and designated as such under 40 CFR part 117 and 40 
CFR part 302. EPA proposed the facility for the NPL in 1984, 29 FR 
40320 (Oct. 15, 1984). The Site received a Hazard Ranking System score 
of 31.66. The listing was final in 1986, 51 FR 21054 (June 10, 1986).
    The contaminated surface and subsurface soils at the Mouat 
Industries Superfund Site were addressed through two Action 
Memorandums, signed in 1990 and 1991, while two other Action 
Memorandums, signed in 1996 and 2008, addressed Site controls and 
groundwater.

Removal Actions

    The remediation of the Site was addressed through removal 
authority. The removal actions addressing surface and subsurface soils 
are discussed below.
    In 1990, EPA issued an Action Memorandum to initiate a time-
critical removal action to (1) secure the Site and to mitigate the 
threat of direct contact to hazardous materials by Timberweld's workers 
and nearby individuals, and (2) provide run-on, run-off drainage 
control for the Site. Approximately 1,400 feet of 6-foot industrial 
chain link fencing with two 20-foot wide gates with locks were 
installed around the Site to restrict public access to chromium-
containing soils and secured a portion of the area that used to be 
Timberweld's storage yard. The Town performed all Site drainage 
controls. Due to the potential for direct contact with the high levels 
of chromium, EPA fenced the Site using time-critical removal authority 
and used Superfund Trust Fund money.
    After the time-critical removal action was completed, it was 
determined that there was still a threat to public health posed by the 
Site through exposure to CrVI contaminated soils, surface water and 
groundwater through the direct contact, inhalation and ingestion 
pathways. The threats met the removal criteria specified in the NCP at 
40 CFR Section 300.415(b)(2)(i), (ii), (iv), (v). A second Action 
Memorandum was issued in 1991 which specified treatment of CrVI 
contaminated soils on-Site as the primary removal alternative with off-
site disposal of soils as a back up.
    After efforts to negotiate an Administrative Order on Consent with 
the responsible parties failed, EPA issued Unilateral Administrative 
Order (UAO) Docket No. CERCLA-VIII-92-05 on November 12, 1991 to FMC 
Corporation, MVC, Mouat, Timberweld, and the Town of Columbus requiring 
the excavation and treatment of chromium-contaminated soil. EPA 
specified removal clean-up standards as follows:
    <bullet> Soil inside the EPA perimeter fence for which total 
chromium in the extract Toxicity Characteristic Leaching procedure 
(TCLP chromium) was greater than 0.5 mg/L was to be excavated to 
elevation 3564 or to the clay-gravel interface, whichever was lower.
    <bullet> Soil outside the EPA fence for which TCLP chromium was 
greater than 0.1 mg/L was to be excavated to elevation 3564 or to the 
clay-gravel interface, whichever was lower.
    FMC Corporation began implementing the provisions of the UAO in 
December 1991. After preliminary work, including sampling and 
preparation of work plans, full-scale treatment of contaminated soils 
began on June 28, 1993. The treatment process included soil screening, 
chemical addition for chromium reduction, and Portland cement addition 
for soil fixation. Performance standards for treated soils were 
established as follows:
    <bullet> The TCLP chromium was to be equal to or less than 0.5 mg/
L;
    <bullet> The total chromium in any extract obtained by the Multiple 
Extraction Procedure was to be equal to or less than 5.0 mg/L;
    <bullet> The unconfined compressive strength of each block was to 
be equal to or greater than 50 pounds per square inch; and
    <bullet> The permeability of treated soil was to be equal to or 
less than that of the background soils.
    On-site soil treatment operations were conducted through October 
31, 1993. During that period approximately 14,000 cubic yards of 
chromium-containing soil were treated, creating approximately 7,000 
blocks. The treated soils were formed into 5' x 5' x 6' blocks for 
curing, testing, and placement. The treatment process converted 
hexavalent chromium to the less toxic and immobile trivalent chromium. 
Analytical results showed that all blocks met performance standards.
    In 1994, in response to changing project conditions, EPA decided to 
change the removal action to the backup alternative of off-Site 
disposal as outlined in the 1991 Action Memorandum. The soils excavated 
in 1994 by FMC, for which the TCLP chromium exceeded the clean-up 
standard were removed from the Site by rail for disposal at 
appropriately permitted off-Site disposal facilities. Soil that tested 
as hazardous (TCLP chromium greater than or equal to 0.5 mg/L of 
leachable chromium) was sent to the USPCI hazardous waste treatment and 
disposal facility at Grassy Mountain, Utah. Soil that tested as non-
hazardous (TCLP chromium less than 0.5 mg/L of leachable chromium) was 
sent to the East Carbon Development Corporation nonhazardous waste 
disposal facility at East Carbon, Utah. Off-Site disposal of the 
remaining affected soils began on July 7, 1994 and was completed by 
October 1, 1994. Approximately 19,400 cubic yards of chromium-
contaminated soils were excavated and transported for off-Site 
disposal.
    Upon completion of contaminated soil excavation and transport off-
site, treated soil blocks formed in 1993 were placed in the excavation 
area and stacked until approximately 3 feet above original grade over 
the eastern two-thirds of the Site. After all response actions 
contemplated in the 1991 Action Memorandum were completed, the Site was 
graded to modest slopes to promote precipitation runoff. The western 
portion of the property was surfaced with a gravel cover to allow 
vehicular and storage use of the area. The eastern portion was covered 
with soil and seeded to establish a vegetative cover.

Cleanup Goals

    Response activities were conducted in accordance with the 
Unilateral Administrative Order and the Action Memorandums for the 
Site. Soil inside

[[Page 12271]]

the EPA perimeter fence for which total chromium in the extract 
Toxicity Characteristic Leaching procedure (TCLP chromium) was greater 
than 0.5 mg/L were excavated to elevation 3564 or to the clay-gravel 
interface, whichever was lower. Soil outside the EPA fence for which 
TCLP chromium was greater than 0.1 mg/L were excavated to elevation 
3564 or to the clay-gravel interface, whichever was lower.
    For waste left on-Site, each block of treated soil was sampled and 
analyzed for compliance with performance standards. Analytical results 
show that all blocks met the cleanup standard in the TCLP extract. The 
maximum chromium concentration in any TCLP extract was 0.47 mg/L and 
most values were less than 0.1 mg/L. EPA's oversight contractor, the 
U.S. Bureau of Reclamation, also reported that

* * * all EPA split samples for 28-day cure treated soils * * * met 
performance criteria * * * for TCLP extractable total chromium, 
total chromium in (the more aggressive) multiple extraction testing, 
and unconfined compressive strength. Moreover, the close 
correspondence between EPA and FMC split samples indicates that FMC 
data base was appropriate for guiding remedial site operations * * *

Institutional Controls

    Long term protectiveness is dependent upon institutional controls 
over land use and groundwater use, established by the town of Columbus. 
A zoning ordinance was approved in March 1995 which created a special 
Superfund Overlay District (SOD) for both the block placement area and 
contaminated groundwater. These institutional controls are described in 
the 1996 Action Memorandum. The ordinance became enforceable in April 
1995. Requirements of the SOD are enforced by the zoning authority of 
Columbus. The SOD currently covers surface, subsurface and groundwater 
within the block placement areas and surrounding protective zones.
    The following land use restrictions are included in the ordinance:
    <bullet> Excavation into the blocks of treated soil is prohibited.
    <bullet> Vehicle loads on the graveled portion of the block 
placement area are limited.
    <bullet> Any use of the soil-covered block placement area, unless 
those areas are paved or covered with gravel, is prohibited.
    <bullet> The property owner is required to maintain the Site cover, 
drainage facilities, and fences.
    <bullet> Specifications for construction on the block placement 
area are established.
    Initially, groundwater use restrictions applied to the entire SOD. 
Those restrictions prohibited new wells or other groundwater extraction 
systems and prohibited groundwater use from existing wells or other 
groundwater extraction systems, except for lawn irrigation use, use of 
the existing golf course pond and groundwater monitoring. Compliance 
with performance standards triggered the relaxation of ground water use 
restrictions within the SOD in accordance with provisions of the 1996 
response action. Based on improvements in groundwater quality since 
adoption of the SOD, the USEPA approved lifting of groundwater use 
restrictions within the SOD in a May 2005 letter to the Town of 
Columbus.
    In 2008, the five-year review recommended revisiting the SOD. Due 
to residual groundwater contamination levels above MCLs within the 
block placement area, groundwater use restrictions should be maintained 
within this area. A fourth Action Memorandum was issued in 2008 based 
on these recommendations from the Five-Year Review and had four (4) 
purposes:
    1. It clarified Points of Compliance for groundwater at the Site.
    2. It ensured that the restriction on groundwater use in the Block 
Placement Area will be maintained as long as institutional controls are 
necessary.
    3. It clarified the 30 year groundwater monitoring requirement 
identified in the June 21, 1996 Action Memorandum.
    4. It required MDEQ and EPA to prepare a Post Removal Site Control 
Plan pursuant to Section 300.415(l)(3) of the NCP.

Modification in the Town of Columbus' Superfund Overlay District 
Ordinance

    Town Council met on March 3, 2008, and passed the second reading of 
the Superfund Overlay District Amended Ordinance to restrict 
groundwater use in the block placement area. It became effective thirty 
days later.

Operation and Maintenance

    The operation and maintenance is currently limited to maintenance 
of fencing and the vegetative cap over the block placement area and is 
the responsibility of the Town of Columbus and Timberweld.
    As part of the future work to be performed at the Site, the Town 
will continue to provide access to the Site and to enforce ICs through 
the SOD. EPA and MDEQ also agree to meet with the Town to discuss Site 
land use and groundwater restrictions at least once every five years. 
These meetings are intended to help all parties better understand the 
issues associated with these restrictions as well as to notify the EPA 
and MDEQ of any upcoming land use changes that may require a more 
comprehensive review.
    These requirements are documented in the Post Removal Site Control 
Plan.

Five-Year Review

    Five-year reviews are required since waste remains on-Site above 
levels that allow for unlimited use and unrestricted exposure. The last 
five-year review was completed on March 13, 2008. No major concerns 
were identified during this review. The removal actions as implemented 
are currently protective of human health and the environment. 
Protectiveness is achieved through groundwater and land use 
restrictions within the block placement area. The next Five-Year Review 
is scheduled for the 1st quarter of Federal Fiscal Year 2013.

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 partial deletion docket which the EPA 
relied on for recommendation for the partial deletion from the NPL are 
available to the public in the information repositories and a notice of 
availability of the Notice of Intent for Partial Deletion has been 
published in the Billings Gazette to satisfy public participation 
procedures required by 40 CFR 300.425(e)(4).

Determination That the Criteria for Deletion Have Been Met

    The response actions were successful in restoring the Site surface 
and subsurface soils to concentrations at or below the cleanup standard 
of less than 0.5 mg/L TCLP chromium. For waste left on-Site, each block 
of treated soil was sampled and analyzed for compliance with this 
standard. Analytical results show that all blocks met the cleanup 
standard in the TCLP extract. The maximum chromium concentration in any 
TCLP extract was 0.47 mg/L and most values were less than 0.1 mg/L.
    EPA has consulted with the MDEQ, the Town of Columbus, Timberweld 
Manufacturing and FMC Corporation on the proposed partial deletion of 
the surface and subsurface soils from the NPL prior to developing this 
Notice of Partial Deletion. EPA and MDEQ have also determined that the 
responsible

[[Page 12272]]

parties have implemented all appropriate response actions as specified 
in the Unilateral Administrative Orders and Action Memorandums and no 
further response action by responsible parties is appropriate other 
than continued maintenance of institutional controls. EPA and MDEQ have 
also determined through the Five-Year Review that all response actions 
have been completed such that any release from the block placement area 
where waste has been left in place poses no significant threat to 
public health or the environment and, therefore, taking of remedial 
measures is not appropriate.
    The State, through MDEQ, has concurred on the proposed deletion and 
provided such concurrence in writing. EPA also provided the State 30 
working days for review of the partial deletion notice prior to its 
publication in the Federal Register.

V. Partial Deletion Action

    The EPA, with concurrence of the State through the MDEQ, has 
determined that all appropriate response actions under CERCLA, other 
than operation and maintenance and five-year reviews, have been 
completed. Therefore, EPA is deleting the surface and subsurface soils 
component of the Mouat Industries Superfund Site from the NPL.
    Because EPA considers this action to be non-controversial and 
routine, EPA is taking it without prior publication. This action will 
be effective May 26, 2009, unless EPA receives adverse comments by 
April 23, 2009. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of partial deletion before the effective date of 
the deletion and it will not take effect and, EPA will prepare a 
response to comments and continue with the deletion process on the 
basis of the notice of intent to partially 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, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: March 10, 2009.
Carol Rushin,
Acting Regional Administrator, Region 8.

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For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

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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]

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2. Table 1 of Appendix B to Part 300 is amended by revising the entry 
under Montana for ``Mouat Industries Superfund Site'' to read as 
follows:

Appendix B to Part 300--National Priorities List

                   Table 1--General Superfund Section
------------------------------------------------------------------------
   State           Site name             City/county         Notes \a\
------------------------------------------------------------------------
 
                                * * * * *
MT           Mouat Industries.....  Columbus.............  *** P
 
                                * * * * *
------------------------------------------------------------------------
\a\ * * *.
***P = sites with deletion(s).

[FR Doc. E9-6142 Filed 3-23-09; 8:45 am]
BILLING CODE 6560-50-P


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