65616 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules

D. Unfunded Mandates

Title II of the Unfunded Mandates

Reform Act of 1995 (UMRA), P.L. 104–

4, establishes requirements for Federal

agencies to assess the effects of their

regulatory actions on State, local, and

tribal governments and the private

sector. Under section 202 of the UMRA,

EPA generally must prepare a written

statement, including a cost-benefit

analysis, for proposed and final rules

with ‘‘Federal mandates’’ that may

result in expenditures to State, local,

and tribal governments, in the aggregate,

or to the private sector, of $100 million

or more in any one year.

Today’s proposal contains no Federal

mandates under the regulatory

provisions of Title II of the UMRA for

State, local, or tribal governments or the

private sector. In fact, removing the

federal water quality standards for the

Bay/Delta will facilitate the State of

California’s implementation of the state

adopted and EPA-approved water

quality standards for the Bay/Delta.

List of Subjects in 40 CFR Part 131

Environmental protection, Indians—

lands, Intergovernmental relations,

Reporting and recordkeeping

requirements, Water pollution control,

Water quality standards, Water quality

criteria.

Dated: December 14, 1995.

Carol M. Browner,

Administrator.

Part 131 of title 40 of the Code of

Federal Regulations is proposed to be

amended as follows:

PART 131—[AMENDED]

1. The authority citation for part 131

continues to read as follows:

Authority: 33 U.S.C. 1251 et seq.

§ 131.37 [Removed and reserved]

2. Section 131.37 is removed and

reserved.

[FR Doc. 95–30985 Filed 12–19–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR PART 300

[FRL–5346–9]

Lewisburg Dump Superfund Site,

Lewisburg, TN

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice of intent to delete.

SUMMARY: The Environmental Protection

Agency (EPA), Region IV, announces its

intent to delete the Lewisburg Dump

site from the National Priorities List

(NPL) and requests public comment on

this proposed action. The NPL

constitutes Appendix B of 40 CFR part

300 which is the National Oil and

Hazardous Substances Pollution

Contingency Plan (NCP), promulgated

by EPA, pursuant to Section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended.

EPA and the State of Tennessee

Department of the Environment &

Conservation have determined that the

site no longer poses a significant threat

to public health or the environment and,

therefore, further CERCLA remedial

measures are not appropriate.

DATES: A 30-Day Public Comment

Period (December 11, 1995 to January

11, 1996) has been established for the

Lewisburg Dump site deletion proposal.

Comments concerning the proposal may

be submitted by January 11, 1996.

ADDRESSES: Comments may be mailed

to: Femi Akindele, U.S. Environmental

Protection Agency, 345 Courtland

Street, Atlanta, Georgia, 30365.

Comprehensive information on this

site is available for review at the

following site information repositories.

Marshall County Memorial Library, 310

Farmington Pike, Lewisburg, TN

37091.

U.S. EPA Record Center, 345 Courtland

St., Atlanta, GA 30365.

FOR FURTHER INFORMATION CONTACT:

Femi Akindele, U.S. Environmental

Protection Agency, 345 Courtland

Street, Atlanta, Georgia, 30365, 404–

347–3555 EXT. 2042 or 1–800–435–

9233 EXT 2042.

SUPPLEMENTARY INFORMATION:

Introduction

This notice is to announce EPA’s

intent to delete the Lewisburg Dump

site from the NPL. It also serves to

request public comments on the

deletion proposal.

EPA identifies sites that appear to

present a significant risk to public

health, welfare, or environment and

maintains the NPL as the list of these

sites. Sites on the NPL qualify for

remedial responses financed by the

Hazardous Substances Response Trust

Fund (Fund). As described in

300.425(e)(3) of the NCP, sites deleted

from the NPL remain eligible for Fundfinanced remedial actions in the

unlikely event that conditions at the site

warrant such actions. EPA accepts

comments on the proposal to delete a

site from the NPL for thirty days after

publication of this notice in the Federal

Register.

NPL Deletion Criteria

The NCP establishes the criteria that

EPA uses to delete sites from the NPL.

In accordance with § 300.425(e) of the

NCP, sites may be deleted from the NPL

where no further response is

appropriate. In making this

determination, EPA, in consultation

with the State, considers whether the

site has met any of the following criteria

for site deletion:

(i) Responsible or other parties have

implemented all appropriate response

actions required.

(ii) All appropriate response actions

under CERCLA have been implemented

and no further response actions are

deemed necessary.

(iii) Remedial investigation has

determined that the release poses no

significant threat to public health or the

environment and, therefore, no remedial

action is appropriate.

Deletion Procedures

The following procedures were used

for the intended deletion of this site:

(1) EPA Region IV issued a Final

Close Out Report in September 1993,

which addressed the site conditions,

quality assurance and control during

construction, and technical criteria for

satisfying the completion requirements.

(2) Concurrent with this

announcement, a notice has been

published in the local newspaper and

has been distributed to appropriate

federal, state, and local officials

announcing the commencement of a 30-

day public comment period on the

Notice of Intent to Delete.

(3) EPA has made all relevant

documents available for public review

at the information repositories.

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

information purposes and to assist EPA

management. As mentioned earlier,

Section 300.425(e)(30) of the NCP states

that deletion of a site from the NPL does

not preclude eligibility of the site for

future Fund-financed response actions.

For the deletion of this site, EPA will

accept and evaluate public comments

on this Notice of Intent to Delete before

finalizing the decision. If necessary, the

Agency will prepare a Responsiveness

Summary to address any significant

public comments received during the

comment period. The deletion is

finalized after the Regional

Administrator places a Notice of

Deletion in the Federal Register.
Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules 65617

Basis for Intended Lewisburg Dump

Site Deletion

The following is a summary of

activities on the Lewisburg Dump Site.

It provides EPA’s rationale for the

proposed deletion.

The site is a 20-acre tract of farmland

located less than one mile north of

Lewisburg, Tennessee. It contains an

abandoned six acre limestone quarry

and a pond. The City of Lewisburg

owned and operated the dump which

used about four acres at the western

portion of the quarry for landfill

operations from the late 1950s to 1979.

The landfill was open to all residential

and industrial dumpers. City records

have indicated that several surrounding

communities hauled wastes to the

dump.

In 1973, a study was conducted by the

Tennessee Department of Public Health

(TDPH) which indicated that the old

quarry was unfit for a sanitary landfill.

Also, in the early 1970s, the City

submitted plans to TDPH for an on-site

incinerator, interim maintenance, and

final closure of the dump. In 1977,

preliminary closure of the landfill began

as soil was applied to cover the wastes.

In 1979, final closure of the landfill was

conducted.

EPA initially inspected and assessed

the conditions of the site in 1982.

Among the wastes observed during the

inspection were adhesives, paint

stripper, empty pails coated with yellow

lacquer, metal cuttings, sawdust, pencil

cores, cosmetic powders and shoe

linings. Results of the assessment

indicated the presence of organic and

inorganic compounds including lead,

toluene, PCB, chlordane, and phenol.

After evaluating the conditions of the

landfill, EPA added Lewisburg Dump to

the NPL in December 1982.

In 1985, EPA contacted a group of

companies, agencies, and individuals

who were identified as potentially

responsible for the wastes at the dump

to address the problem. The City of

Lewisburg and other potentially

responsible parties (PRPs) formed the

Lewisburg Environmental Response

Committee (LERC) to conduct a

Remedial Investigation/Feasibility

Study (RI/FS) on the site. The study was

conducted under the terms of an

Administrative Order on Consent which

the PRPs entered into with EPA.

The RI/FS, which was completed in

1990, confirmed the presence of

contaminants at the site. Organic and

inorganic compounds were detected in

the landfill soil, shallow aquifers

beneath the site, and in the abandoned

quarry pond.

The most prevalent organic

contaminants at the site were bis(2-

ethylhexyl)phthalate, (DEHP),

methylene chloride, xylene,

ethylbenzene, 4-methyl-2-pentanone, 2-

butanone, carbon disulfide, and toluene.

The most common inorganic

contaminants were copper, chromium,

aluminum, arsenic, iron, lead,

manganese, mercury, barium, and zinc.

Of these contaminants, only DEHP and

copper were detected at levels of

significant concern. No contaminants

were detected at appreciable

concentrations outside the site.

The RI/FS results indicated that,

although contaminant concentrations

were generally insignificant, the wide

variety of the compounds was of

concern. Other concerns noted were that

the compounds had the potential to

become exposed by landfill cap

deterioration, the open access to the site

and possible disturbance of landfill

constituents. In addition, there was

potential for increased groundwater

contamination and leachate generation

if site conditions were not improved.

Special studies, including well

surveys and dye trace analyses were

conducted in the area of the site to

evaluate groundwater conditions since

most residences had water wells. The

well survey identified 123 households

within a 2 mile radius of the site with

a minimum of one well on each

property. Approximately 70 of these

households were utilizing groundwater

from wells for domestic or livestock

purposes. However, most residences

near the site were connected to the

municipal water supply. No industrial

or municipal wells were found in the

survey area. The dye trace studies did

not indicate an immediate effect of the

site on the domestic wells.

In order to alleviate potential adverse

effects of the site on human health and

the environment, the RI/FS evaluated

several possible remedial measures.

Based on the results, EPA issued a

Record of Decision (ROD) in September

1990, which described the remedy

selected for the site. The major

components of the selected remedy

were: (1) removal and disposal of all site

surface debris, (2) removal and disposal

of all debris in the quarry pond, (3)

replacement of plastic test-pit caps with

landfill cap material, (4) regrading of the

landfill cap, (5) implementation of

institutional controls, and (6) long-term

monitoring and analysis.

Soon after the ROD was issued, EPA

requested the PRPS to implement and

fund the selected remedy. The PRPs

agreed and signed a Consent Decree in

1991 to perform the work. All remedial

activities were completed between

September 4, 1992, and September 20,

1993. The Remedial Action Report

submitted by the PRPs indicated that

382 cubic yards of debris/soil, 172 tires,

50 empty drums and 2 drums

containing lead paint and sludge were

removed from the site. These were

disposed of at properly permitted

facilities. EPA and TDEC performed a

final site work inspection in September

1993, and determined that the Remedial

Action (RA) had been successfully

executed.

Following the RA completion, the

PRPs initiated site maintenance and

monitoring activities, including regular

site inspection and groundwater

sampling. Laboratory results and other

reports on these activities have

confirmed that the cleanup work at

Lewisburg Dump was successful and

that the site no longer poses a threat to

human health or the environment.

The PRPs will continue to monitor the

groundwater periodically and report

results to EPA as stipulated in the 1991

Consent Decree. TDEC will provide

necessary oversight.

The Consent Decree required the PRPs

to place deed restrictions on the

property. The deed restrictions were

recorded with the Office of the

Hamilton County Register on August 19,

1993.

Throughout this project, EPA

conducted active community relations

activities to ensure that the local

residents were well informed about the

different activities occurring at the site.

These included the development of

Community Relations Plans, public

meetings, and routine publications of

progress report fact sheets. A public

meeting presenting the Proposed Plan

was held on July 25, 1990 in Lewisburg,

Tennessee. Public comments on the

selected remedy were addressed in the

1990 ROD, and site information was

placed at the repository in a local

library. A Pre-Construction meeting was

held on August 17, 1992 in Lewisburg

to discuss the start of cleanup activities

with the community. In December 1993,

EPA announced the end of site cleanup

activities in the local newspaper after

the final RA inspection.

EPA provided oversight and involved

the State in the evaluation and approval

of work conducted by the PRPs at the

site. The Remedial Design (RD), RA

contract, and RA Work Plan were

carefully reviewed by EPA and TDEC

for compliance with all quality

assurance/quality control (QA/QC)

procedures. EPA reviewed or developed

site evaluations, project plans, technical

and material specifications,

construction, installation, testing, and

sampling requirements and procedures
65618 Federal Register / Vol. 60, No. 244 / Wednesday, December 20, 1995 / Proposed Rules

for all laboratory analyses. Work Plans

were developed as necessary by

contractors which specified appropriate

QA/QC measures for all cleanup

activities. EPA reviewed and approved

the QA/QC plans which, in general,

were based on the protocols in the U.S.

EPA, Region IV.

Consistent with EPA guidance, a five

year review of this project is necessary

to ensure continued protection of

human health and the environment. The

statutory review will be conducted

according to the Office of Solid Waste

and Emergency Response Directive

9355.7–02, ‘‘Structure and Components

of the Five year Reviews’’.

The five-year period begins with the

date of RA contract award which, for

this project, is September 8, 1992.

Therefore, the review should be

completed prior to September 8, 1997.

In conclusion, EPA, with the

concurrence of the State, has

determined that all appropriate

remedial actions at the Lewisburg Dump

site under CERCLA have been

completed. The site no longer poses a

threat to human health or the

environment. Therefore, EPA proposes

to delete the site from the NPL and

requests public comments on the

proposal.

Dated: November 27, 1995.

Patrick M. Tobin,

Acting Regional Administrator, USEPA,

Region IV.

[FR Doc. 95–30798 Filed 12–19–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 95–179; RM–8728]

Radio Broadcasting Services;

Cassville and Kimberling City, MO

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: This document requests

comments on a petition filed by Kevin

M. and Patricia W. Wodlinger,

proposing the substitution of Channel

261C2 for Channel 261A at Cassville,

Missouri, reallotment of Channel 261C2

to Kimberling City, Missouri, and

modification of the license for Station

KRLK accordingly. The coordinates for

Channel 261C2 at Kimberling City are

36–30–00 and 93–23–00. We shall

propose to modify the license for

Station KRLK in accordance with

Sections 1.420(g) and (i) of the

Commission’s Rules and will not accept

competing expressions of interest for the

use of the channel or require petitioner

to demonstrate the availaility of an

additional equivalent class channel for

use by such parties.

DATES: Comments must be filed on or

before February 5, 1996, and reply

comments on or before February 20,

1996.

ADDRESSES: Federal Communications

Commission, Washington, DC 20554. In

addition to filing comments with the

FCC, interested parties should serve the

petitioner’s counsel, as follows: William

J. Pennington, III, Post Office Box 1447,

Mount Pleasant, South Carolina 29465.

FOR FURTHER INFORMATION CONTACT:

Kathleen Scheuerle, Mass Media

Bureau, (202) 418–2180.

SUPPLEMENTARY INFORMATION: This is a

summary of the Commission’s Notice of

Proposed Rule Making, MM Docket No.

95–179, adopted December 6, 1995, and

released December 15, 1995. The full

text of this Commission decision is

available for inspection and copying

during normal business hours in the

Commission’s Reference Center (Room

239), 1919 M Street, NW., Washington,

DC. The complete text of this decision

may also be purchased from the

Commission’s copy contractors,

International Transcription Services,

Inc., 2100 M Street, NW., Suite 140,

Washington, DC 20037, (202) 857–3800.

Provisions of the Regulatory

Flexibility Act of l980 do not apply to

this proceeding.

Members of the public should note

that from the time a Notice of Proposed

Rule Making is issued until the matter

is no longer subject to Commission

consideration or court review, all ex

parte contacts are prohibited in

Commission proceedings, such as this

one, which involve channel allotments.

See 47 CFR 1.1204(b) for rules

governing permissible ex parte contact.

For information regarding proper

filing procedures for comments, see 47

CFR 1.415 and 1.420.

List of Subjects in 47 CFR Part 73

Radio broadcasting.

Federal Communications Commission.

John A. Karousos,

Chief, Allocations Branch, Policy and Rules

Division, Mass Media Bureau.

[FR Doc. 95–30896 Filed 12–19–95; 8:45 am]

BILLING CODE 6712–01–F

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 611 and 655

[Docket No. 951208293–5293–01; I.D.

110995B]

RIN 0648–AF01

Atlantic Mackerel, Squid, and

Butterfish Fisheries; Amendment 5

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Proposed rule; request for

comments.

SUMMARY: NMFS issues this proposed

rule to implement the measures

contained in Amendment 5 to the

Fishery Management Plan for the

Atlantic Mackerel, Squid, and Butterfish

Fisheries (FMP). Amendment 5 is

intended to further the Americanization

of the fisheries and to implement

measures to prevent overfishing and

avoid overcapitalization of the domestic

fleet.

DATES: Comments on the proposed rule

must be received on or before January

29, 1996.

ADDRESSES: Comments on the proposed

rule should be sent to: Dr. Andrew A.

Rosenberg, Regional Director, National

Marine Fisheries Service, Northeast

Regional Office, One Blackburn Drive,

Gloucester, MA 01930–2298. Mark the

outside of the envelope, ‘‘Comments on

Amendment 5 Atlantic Mackerel, Squid,

and Butterfish.’’

Comments regarding the burden-hour

estimates or any other aspect of the

collection-of-information requirements

contained in this proposed rule should

be sent to the Northeast Regional

Director at the address above and the

Office of Management and Budget

(OMB) (Attention: NOAA Desk Officer),

Washington, D.C. 20503.

Copies of the Amendment, final

environmental impact statement,

regulatory impact review, and other

supporting documents are available

upon request from David R. Keifer,

Executive Director, Mid-Atlantic

Fishery Management Council, Room

2115, Federal Building, 300 South New

Street, Dover, DE 19901–6790.

FOR FURTHER INFORMATION CONTACT:

Myles Raizin, Fishery Policy Analyst,

508–281–9104.