13944 Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules

40 CFR Part 300

[FRL–5171–8]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to delete the

Dakhue Sanitary Landfill Site from the

National Priorities List; request for

comments.

SUMMARY: The United States

Environmental Protection Agency (U.S.

EPA) Region V announces its intent to

delete the Dakhue Sanitary Landfill 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 Substances

Pollution Contingency Plan (NCP),

which EPA promulgated pursuant to

Section 105 of the Comprehensive

Environmental Response,

Compensation, and Liability Act of 1980

(CERCLA) as amended. This action is

being taken by U.S. EPA because it has

been determined that all Fund-financed

response actions under CERCLA have

been implemented and EPA, in

consultation with the State of

Minnesota, has determined that no

further cleanup actions are necessary.

Moreover, EPA and the State have

determined that remedial activities

conducted at the Site to date have been

protective of public health, welfare, and

the environment.

DATES: Comments concerning the

proposed deletion of the Site from the

NPL must be postmarked no later than

April 14, 1995.

ADDRESSES: Comments may be mailed to

Gladys Beard (HSRM–6J) Associate

Remedial Project Manager, Office of

Superfund, U.S. EPA, Region V, 77 W.

Jackson Blvd., Chicago, IL 60604.

Information on the Site is available at

the local information repository located

at: Cannon Falls Public Library, 306

West Mill St., Cannon Falls, MN 55009.

Requests for comprehensive copies of

documents should be directed formally

to the appropriate Region V’s Docket

Officer. The address for the Region V’s

Docket Officer is Jan Pfundheller (H–7J),

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

Blvd., Chicago, IL 60604, (312) 353–

5821.

FOR FURTHER INFORMATION CONTACT:

Gladys Beard (HSRM–6J) Associate

Project Manager, Office of Superfund,

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

Blvd., Chicago, IL 60604, (312) 886–

7253; or Cheryl Allen (P–19J), Office of

Public Affairs, U.S. EPA, Region V, 77

W. Jackson Blvd., Chicago, IL 60604,

(312) 353–6196.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

I. Introduction

The U.S. Environmental Protection

Agency (EPA) Region V announces its

intent to delete the Dakhue Sanitary

Landfill Site from the National Priorities

List (NPL), Appendix B to the National

Oil and Hazardous Substances Pollution

Contingency Plan, 40 CFR Part 300

(NCP), and requests comments on the

deletion. The EPA identifies sites which

appear to present a significant risk to

public health, welfare or the

environment, and maintains the NPL as

the list of those sites. Sites on the NPL

may be the subject of Superfund (Fund)

Fund-financed remedial actions.

Pursuant to § 300.425(e)(3) of the NCP,

any site deleted from the NPL remains

eligible for additional Fund-financed

remedial actions in the unlikely event

that conditions at the site warrant such

action.

The U.S. EPA will accept comments

on this proposal for thirty (30) days after

publication of this notice in the Federal

Register.

Section II of this notice explains the

criteria for deleting sites from the NPL.

Section III discusses procedures that

EPA is using for this action. Section IV

discusses the history of this site and

explains how the site meets the deletion

criteria.

Deletion of sites from the NPL does

not itself create, alter, or revoke any

individual’s rights or obligations.

Furthermore, deletion 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 in Agency management.

II. NPL Deletion Criteria

The NCP establishes the criteria the

Agency 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 this determination, 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;

or

(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.

III. Deletion Procedures

Upon determination that at least one

of the criteria described in § 300.425(e)

has been met, U.S. EPA may formally

begin deletion procedures, that is if the

State has concurred with the intent to

delete. This Federal Register notice, and

a concurrent notice in the local

newspaper in the vicinity of the Site,

announce the initiation of a 30-day

comment period. The public is asked to

comment on U.S. EPA’s intention to

delete the Site from the NPL.

Documents in support of U.S. EPA’s

decision to issue this notice are

included in the information repository

and the deletion docket.

Upon completion of the public

comment period, the U.S. EPA will

evaluate comments received during the

comment period prior to reaching a final

decision to delete the Site and the

Regional Office will prepare a

Responsiveness Summary which

addresses comments received. The

public is welcome to contact the U.S.

EPA Region V Office to obtain a copy of

this Responsiveness Summary, if one is

prepared. If U.S. EPA determines the

decision to delete the Site from the NPL

is appropriate after the public has had

an opportunity to comment, then the

final Notice of Deletion will be

published in the Federal Register.

IV. Basis for Intended Site Deletion

The Dakhue Sanitary Landfill is

located in Section 24 and 25 Township

113 North, Range 18 West, in Hampton

Township, Dakota County, Minnesota.

The Site encompasses approximately 80

acres, of which 26 acres have been

actively landfilled. The landfill began

operations in 1971 receiving mixed

municipal and industrial solid waste. A

solid waste landfill permit was issued to

the owner of the Site on October 1,

1971. Dakhue Landfill operated until

May 31, 1988, at which time waste

disposal activities ceased. Since

opening, the landfill has been utilized

for the disposal of mixed municipal and

commercial waste and small amounts of

industrial waste. The landfill was

initially opened on a part-time basis

until 1973 when the landfill extended

its operation to six days per week. It is
Federal Register / Vol. 60, No. 50 / Wednesday, March 15, 1995 / Proposed Rules 13945

estimated that 1,500,000 cubic yards of

waste were disposed of at this-site.

In a letter dated July 22, 1988,

representatives of the landfill owner

stated that Dakhue Landfill, Inc. was

financially unable to undertake closure

and postclosure activities required at

the landfill. On October 11, 1988,

Dakhue Landfill, Inc. filed for Chapter

11 bankruptcy.

The Site was proposed for the NPL on

October 26, 1989 and finalized on

August 30, 1990 with a score of 42.

The U.S. EPA funded the MPCA to

conduct of Remedial Investigation (RI)

and Feasibility Study (FS) activities. RI

work involves determining the nature

and extent of contamination and FS

work involves developing and

evaluating remedial alternatives.

During the course of those activities,

U.S. EPA and MPCA decided to divide

the remedy for the Site into two units

or discrete actions, referred to as

‘‘operable units’’ (OUs). They are as

follows:

OU One: Source control of

contaminates from the landfill.

OU Two: Contaminated groundwater

migration management.

A focused FS was completed in

March, 1991 for the first OU and a

Record of Decision (ROD) was issued on

June 28, 1991 outlining work necessary

to address the source of the

contamination, the landfill itself.

An RI was completed for the second

OU in August, 1992 and a FS was

completed in December, 1992. A ROD

was issued on June 30, 1992 outlining

work necessary to address the migration

of contaminated groundwater.

The objective of the remedial action

initiated for the Dakhue Sanitary

Landfill was to meet the overall goal of

protecting human health and the

environment. This objective will be

achieved through the construction of the

landfill cover and maintaining a

groundwater monitoring system so that

the potential risks associated with the

Site are reduced. This will be

accomplished through reducing the

infiltration of water into the landfill

waste mass; reducing the build-up of

combustible gases; and reducing the

generation and discharge of landfill

leachate and continued monitoring of

the Site will ensure the future

effectiveness of the remedy.

On June 28, 1991, a Record of

Decision (ROD) which documented

remedial actions for OU one (source

control) was signed. The first operable

unit addresses the source of the

contamination by containing the wastes

and contaminated soil on-site. The

function of this operable unit is to

provide a final cover for the Dakhue

Sanitary Landfill which will prevent or

minimize groundwater contamination

and risks associated with the exposure

to the contaminated materials. The

major components of the selected

remedy for this operable unit include:

Capping with a final cover system

consisting of a gas control layer, a

barrier layer of low permeable material,

a drainage layer, topsoil cover and

vegetation.

The remedy for the second operable

unit includes the following components:

The institutional Controls contained in

Dakota County Ordinance No. 114 and

Minnesota Rules 4725.2000 and

4725.4300 which restrict well

development. A long-term groundwater

monitoring program to: (1) Ensure that

contaminated groundwater is not

migrating off-site (2) assess trends in

water quality in the Sand and Gravel

aquifer; (3) verify that the deep aquifer

is not affected; and (4) to provide

adequate protection to aquatic life in

Judicial Ditch No. 1 from adverse effects

resulting from possible discharge of

contaminated groundwater.

Construction of the landfill cover

provided for in OU one was completed

during the 1992 construction season.

Groundwater monitoring as provided in

OU two was initiated and several

rounds of sampling have been

completed to date.

EPA, with concurrence of the State of

Minnesota, has determined that all

appropriate Fund-financed responses

under CERCLA at the Dakhue Sanitary

Landfill Site have been completed, and

no further Superfund response is

appropriate in order to provide

protection of human health and the

environment. Therefore, U.S. EPA

proposes to delete this Site from the

NPL.

Dated: March 1, 1995.

Valdas V. Adamkus,

Regional Administrator, U.S. EPA, Region V.

[FR Doc. 95–6270 Filed 3–14–95; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Parts 61 and 206

RIN 3067–AC35

National Flood Insurance Program;

Group Flood Insurance Policy for

Individual and Family Grant Program

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: This proposed rule would

establish a Group Flood Insurance

Policy (GFIP) and the criteria for its

implementation by the National Flood

Insurance Program (NFIP) when Federal

disaster assistance is provided under the

Individual and Family Grant Program

after the President makes a disaster

declaration.

EFFECTIVE DATE: We invite your

comments which will be accepted until

May 1, 1995.

ADDRESSES: Please send comments to

the Rules Docket Clerk, Office of the

General Counsel, Federal Emergency

Management Agency, 500 C Street SW.,

room 840, Washington, DC 20472,

(facsimile) (202) 646–4536.

FOR FURTHER INFORMATION CONTACT:

Charles M. Plaxico, Jr., Federal

Emergency Management Agency,

Federal Insurance Administration, (202)

646–3422, (facsimile) (202) 646–3445; or

Laurence W. Zensinger in FEMA’s

Response and Recovery Directorate,

(202) 646–3642, (facsimile) (202) 646–

2730.

SUPPLEMENTARY INFORMATION: Section

411, Individual and Family Grant (IFG)

Programs the Stafford Act (42 U.S.C.

§ 5178) authorizes the President to make

grants to States for the purpose of

making grants to individuals or families

adversely affected by a major disaster.

This disaster assistance is provided to

eligible individuals or families who are

unable to meet disaster-related

necessary expenses or serious needs

through insurance or other means of

assistance. The maximum grant amount

provided under the State-administered

IFG program is $12,600 in Fiscal Year

1995, and is adjusted annually as the

Consumer Price Index for All Urban

Consumers changes.

In past presidentially declared major

disasters, IFG recipients were required

to purchase and maintain ‘‘adequate

flood insurance’’ if they had flood

damage and were in a special flood

hazard area of a community in which

the sale of flood insurance was available

under the NFIP. According to the

regulations published to carry out the

purposes of § 411(a), ‘‘adequate flood

insurance’’ is defined as a flood

insurance policy that provides coverage

at least for the grant award, for which

the maximum in Fiscal Year 1995 is

$12,600. A homeowner is able to apply

that amount to building or contents

damage, or to both kinds of damage,

whereas a renter can apply up to

$12,600 solely for damage to contents.

Our experience has shown that many

IFG recipients historically have not used

the part of the grant award that was

provided to them to purchase the

required flood insurance for that

intended purpose. These individuals