33200 Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations

* * * * *

[FR Doc. 01–15618 Filed 6–20–01; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6999–9]

National Oil and Hazardous Substance

Pollution Contingency Plan; National

Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Direct final notice of deletion of

the Tomah Fairgrounds Landfill,

Superfund Site from the National

Priorities List.

SUMMARY: The Environmental Protection

Agency (EPA) Region V is publishing a

direct final notice of deletion of the

Tomah Fairgrounds Landfill, Superfund

Site (Site), located in Tomah,

Wisconsin, 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

appendix B of 40 CFR part 300, which

is 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 Wisconsin, through the

Wisconsin Department of Natural

Resources because EPA has determined

that all appropriate response actions

under CERCLA have been completed

and, therefore, further remedial action

pursuant to CERCLA is not appropriate.

DATES: This direct final deletion will be

effective August 20, 2001 unless EPA

receives adverse comments by July 23,

2001. 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: Comments may be mailed

to: David Linnear, Remedial Project

Manager (RPM) at (312) 886–6104,

Linnear.David@EPA.Gov or Gladys

Beard, State NPL Deletion Process

Manager at (312) 886–7253,

Beard.Gladys@EPA.Gov, (mail code:

SR–6J), U.S. EPA Region V, 77 W.

Jackson, Chicago, IL 60604 or at 1–800–

621–8431.

Information Repositories:

Comprehensive information about the

Site is available for viewing and copying

at the Site information repositories

located at: U.S. EPA Region V Library,

77 W. Jackson, Chicago, IL 60604, (312)

353–5821, Monday through Friday 8:00

a.m. to 4:00 p.m.; Tomah Public Library,

716 Superior Ave., Tomah, WI 54660,

Monday through Thursday 9:00 a.m. to

8:00 p.m. and Friday and Saturday 9:00

a.m to 5:00 p.m.; Wisconsin Department

of Natural Resources, 101 S. Webster

Street, Madison, Wisconsin, (608) 266–

2111, Monday through Friday 7:45 a.m.

to 5:00 p.m.

FOR FURTHER INFORMATION CONTACT:

David Linnear, Remedial Project

Manager at (312) 886–6104,

Linnear.David@EPA.Gov or Gladys

Beard, State NPL Deletion Process

Manager at (312) 886–7253,

Beard.Gladys@EPA.Gov or 1–800–621–

8431, (SR–6J), U.S. EPA Region V, 77 W.

Jackson, Chicago, IL 60604.

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 V is publishing this direct

final notice of deletion of the Tomah

Fairgrounds Landfill, Superfund Site

from the NPL.

The EPA identifies sites that appear to

present a significant risk to public

health or the environment and

maintains the NPL as the list of those

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

the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), sites from the NPL remain

eligible for remedial actions if

conditions at a deleted site warrant such

action.

Because EPA considers this action to

be noncontroversial and routine, EPA is

taking it without prior publication of a

notice of intent to delete. This action

will be effective August 20, 2001 unless

EPA receives adverse comments by July

23, 2001 on this document. If adverse

comments are received within the 30-

day public comment period on this

document, EPA will publish a timely

withdrawal of this direct final 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 Tomah Fairgrounds

Superfund 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

Section 300.425(e) of the NCP

provides that releases may be deleted

from the NPL where no further response

is appropriate. In making a

determination to delete a release from

the NPL, EPA shall 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

(Hazardous Substance Superfund

Response Trust Fund) 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.

Even if a site is deleted from the NPL,

where hazardous substances, pollutants,

or contaminants remain at the deleted

site above levels that allow for

unlimited use and unrestricted

exposure, CERCLA section 121(c), 42

U.S.C. 9621(c), requires that a

subsequent review of the site be

conducted at least every five years after

the initiation of the remedial action at

the deleted site to ensure that the action

remains protective of public health and

the environment. 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 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) The EPA consulted with

Wisconsin on the deletion of the Site

from the NPL prior to developing this

direct final notice of deletion.

(2) Wisconsin concurred with

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 published

today in the ‘‘Proposed Rules’’ section

of the Federal Register is being

published in a major local newspaper of

general circulation at or near the Site

Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations 33201

and is being distributed to appropriate

federal, state, and local government

officials and other interested parties; the

newspaper notice announces the 30-day

public comment period concerning the

notice of intent to delete the Site from

the NPL.

(4) The EPA placed copies of

documents supporting the deletion in

the Site information repositories

identified above.

(5) If adverse comments are received

within the 30-day public comment

period on this document. 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 Location

The Tomah Fairgrounds Landfill Site

(Site) covers approximately 15 acres

within the boundaries of the 37.5-acre

fairgrounds, in Tomah, Monroe County,

Wisconsin. The Site is situated at the

south edge of town and is a grasscovered open field that is used as a

parking lot during fairground events.

Land uses to the west are agricultural,

to the east, commercial/industrial and to

the north and south, residential.

Site History

The Site was used and operated by

the City of Tomah as a disposal site

from 1955 until 1960. Waste disposal

methods consisted of excavating 6 to 8

feet of soil, land filling waste materials,

placing a cover consisting of previously

excavated topsoil and final grading.

Some material disposed of in the

landfill may have been burned before it

was buried. No disposal records

regarding the types or quantities of

material buried were maintained.

In 1984, U.S. EPA’s Field

Investigation Team, with the assistance

of the Wisconsin Department of Natural

Resources, conducted a preliminary

assessment of the Site. The assessment

raised concerns about the possible

effects of disposal directly into an

aquifer and the potential for direct

contact with hazardous substances

because of erosion of the landfill cap.

EPA added the site to the National

Priorities List on July 21, 1987.

In September, 1996, the City of

Tomah signed an agreement with the

Wisconsin Department of Natural

Resources under which the City agreed

to monitor groundwater for at least 10

years in order to evaluate the progress

of natural attenuation; and to maintain

zoning and deed restrictions so as to

restrict the use of ground water and

preclude residential use of the land at

the Site.

Remedial Invesigation (RI)

EPA conducted a remedial

investigation of the site in two phases.

Phase 1 took place in 1993. It collected

ground water and soil samples in order

to characterize the nature and extent of

contamination and associated exposure

risks. The results of this sampling

indicated that additional samples were

needed to adequately characterize the

site. Accordingly, EPA moved on to

Phase 2 of the RI in 1995. Field

investigations for the Phase 2 RI

included sampling of surface soils on

and off the landfill and installation of

monitoring wells for sampling

groundwater. The results of surface soil

sampling showed no contaminants in

excess of Wisconsin standards, except

for one sample showing a lead level

higher than the state standard. Results

of groundwater sampling showed an

exceedance of the maximum

contaminant level for vinyl chloride in

one deep well. There were also

exceedances of the maximum

contaminant levels for arsenic,

chromium, and lead, but only in

unfiltered samples, indicating that the

elevated metal concentrations were on

the suspended solid fraction of the

samples rather than dissolved in the

water.

Characterization of Risk

EPA used the data collected during

the RI to assess human health risks.

Under the assumption that the site

would continue to be used for

recreational purposes, and not for

residential development, and that

groundwater would not be tapped for

drinking water, EPA found no risks in

excess of federal standards.

Record of Decision Findings

On September 26, 1996, the Regional

Administrator signed a Record of

Decision (ROD), selecting a remedy for

the Tomah Fairgrounds Site. The ROD

determined that ‘‘No Further Action’’

was appropriate due to deed restrictions

limiting land use and an agreement

between the WDNR and the City of

Tomah requiring the City to monitor

ground water to evaluate the progress of

natural attenuation.

Monitoring Results To Date

The following tables present

monitoring results for vinyl chloride,

the primary contaminant of concern

detected above federal standards in

ground water at the Tomah Fairgrounds

Site. (The MCL for vinyl chloride is 2

ug/l.) The monitoring results reported

here include results from EPA’s

Remedial Investigation and from the

City of Tomah’s periodic sampling. No

exceedances of the MCL have occurred

since 1995.

MONITORING WELL RESULTS FOR VINYL CHLORIDE

[ug/l]

MW1 M/W2 MW3 MW4S

S MW4D

8/18/95 ............................................................................................................................................ <0.50 .. <0.50 .. <0.50 .. <0.50 .. 6.0

9/20/95 ............................................................................................................................................ <0.50 .. <0.50 .. <0.50 .. <0.50 .. 9.0

1/09/97 ............................................................................................................................................ . ...... . ...... . ...... . ...... 0.90

7/01/97 ............................................................................................................................................ <0.20 .. <0.20 .. <0.20 .. <0.20 .. 0.32

12/31/97 .......................................................................................................................................... . ...... . ...... . ...... . ...... <0.23

6/24/98 ............................................................................................................................................ <0.20 .. <0.20 .. <0.20 .. <0.20 .. <0.20

33202 Federal Register / Vol. 66, No. 120 / Thursday, June 21, 2001 / Rules and Regulations

MW1 M/W2 MW3 MW4S

S MW4D

12/14/98 .......................................................................................................................................... . ...... . ...... . ...... . ...... <0.20

6/04/99 ............................................................................................................................................ <0.20 .. <0.20 .. <0.20 .. <0.20 .. <0.201

12/21/99 .......................................................................................................................................... . ...... . ...... . ...... . ...... <0.20

6/29/00 ............................................................................................................................................ <0.19 .. . ...... . ...... <0.19 .. <0.19

8/2/00 .............................................................................................................................................. . ...... <0.19 .. <0.19 .. . ...... .

PRIVATE WELL RESULTS FOR VINYL CHLORIDE

[ug/l]

DANA RANDAL

L

SAMPSO

N SCHAPPE

8/19/91 .................................................................................................................................................. <1.00 .. <1.00 .... <1.00 .....

2/10/92 .................................................................................................................................................. <0.50 .. <0.50 .... . ......... <0.50

7/12/93 .................................................................................................................................................. <1.00 .. <1.00 .... <1.00 ..... .

6/29/00 .................................................................................................................................................. <0.12 .. <0.12 .... . ......... <0.12

8/15/00 .................................................................................................................................................. . ...... . ......... <0.15 ..... .

Five-Year Review

Because hazardous substances will

remain at the site, EPA committed itself

in the Record of Decision to conduct a

review of the ‘‘no further action’’

remedy at least every five years. These

reviews will be conducted pursuant to

CERCLA 121 (c) and as provided in the

current guidance on Five Year Reviews:

OSWER Directive 9355.7–02, Structure

and Components of Five-Year Reviews,

May 23, 1991; OSWER Directive

9355.7–02A, Supplemental Five-Year

Review Guidance, July 26, 1994, the

Second Supplemental Five-Year Review

Guidance, December 21, 1995, or other

EPA guidance current at the time of the

review. The first Five-Year Review will

be completed by September 30, 2001.

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 from the NPL are available

to the public in the information

repositories.

V. Deletion Action

The EPA, with concurrence of the

State of Wisconsin, has determined that

all appropriate responses under

CERCLA have been completed, and that

no further response actions, under

CERCLA, other than five-year reviews,

are necessary. 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 August 20, 2001

unless EPA receives adverse comments

by July 23, 2001. 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 and, 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,

Reporting and recordkeeping

requirements, Superfund, Water

pollution control, Water supply.

Dated: June 12, 2001.

David A. Ullrich,

Acting 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: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(c)(2); 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 under Wisconsin ‘‘WI’’ by

removing the entry for ‘‘Tomah

Fairgrounds’’.

[FR Doc. 01–15479 Filed 6–20–01; 8:45 am]

BILLING CODE 6560–50–U

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 36

[CC Docket No. 80–286; FCC 01–162]

Jurisdictional Separations Reform and

Referral to the Federal-State Joint

Board

AGENCY: Federal Communications

Commission.

ACTION: Final rule.

SUMMARY: In this document, the

Commission adopts rules to implement

a five-year interim ‘‘freeze’’ of the

jurisdictional separations process in

order to simplify and stabilize the

separations process pending more

comprehensive separations reform. This

action is based upon a Recommended

Decision issued in July 2000 by the

Federal-State Joint Board on

Jurisdictional Separations.

DATES: Effective June 21, 2001 except for

§ 36.3(b), which contain information

collection requirements that have not

been approved by the Office of

Management Budget (OMB). The

Commission will publish a document in

the Federal Register announcing the

effective date of that section.

FOR FURTHER INFORMATION CONTACT: Eric

Einhorn or Andrew Firth, Common

Carrier Bureau, Accounting Policy

Division, (202) 418–7400.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Report

and Order in CC Docket No. 80–286

released on May 21, 2001. The full text

of this document is available for public

inspection during regular business

hours in the FCC Reference Center,

Room CY–A257, 445 Twelfth Street,

SW., Washington, DC, 20554.