22006 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules

concentrations in excess of 1,000 mg/kg

were excavated and disposed of at an

off-site hazardous waste disposal

facility. Excavation was completed in

the summer of 1989 with a total of 3,760

cubic yards of contaminated soil

removed and disposed off-site.

Excavated areas were backfilled with

clean soil.

In the summer of 1991 EPA initiated

a Remedial Investigation (RI) for the

Site. The results of the RI indicated that

there were two locations in the surface

soil and one location in the subsurface

soil where lead concentrations still

posed a potential human health risk.

Groundwater sampling conducted

during the RI found elevated lead

concentrations in unfiltered samples,

but lead was not detected in filtered

samples, indicating that lead was bound

to soil particles and not mobile in the

groundwater.

In the spring of 1992 the ABE site was

selected for the demonstration of an

innovative soil washing technology by

EPA’s Superfund Innovative

Technology Evaluation (SITE) Program.

All soil containing lead concentrations

exceeding 1,000 mg/kg, which was a

total of about 130 cubic yards, was

excavated and treated by the soil

washing system. Treated soil which met

the cleanup goal was backfilled into the

excavated areas, and soil which did not

meet the cleanup goal was sent to an offsite disposal facility.

EPA completed the RI, a Human

Health Risk Assessment, and Feasibility

Study (FS) for the Site in August, 1992.

A Record of Decision (ROD) for the Site,

which declared that no further action

was necessary, was signed on March 2,

1993. However, the ROD specified that

two years of groundwater monitoring

would be required to verify that

groundwater at the Site was not

contaminated with lead at levels which

would pose a human health risk. This

groundwater monitoring program,

which was completed in September

1995, determined that lead

concentrations in the groundwater were

below EPA’s drinking water standard of

15 μg/kg, and therefore the groundwater

did not pose a human health risk.

During the removal activities at this

Site, EPA kept the community informed

of its cleanup actions primarily through

fact sheets, newspaper articles, and

personal communications with EPA’s

On-Scene Coordinator. Following the

removal action, EPA representatives met

with local officials, congressional

representatives, the facility owner, and

members of the community on

numerous occasions to identify

community concerns to support

development of a Community Relations

Plan, and to explain EPA’s process for

conducting a further investigation of the

Site. EPA representatives also met

several times with the Potentially

Responsible Parties to discuss their

potential liability for cleanup costs at

the Site. A Proposed Plan for the Site,

which called for no further cleanup

action, was issued on October 29, 1992,

and subject to public comment for 30

days. This Proposed Plan was mailed to

individuals on EPA’s mailing list and

was also announced in a local

newspaper notice. EPA also held a

public meeting on the Proposed Plan in

Fairbanks. In general, those who

commented on the Proposed Plan

supported EPA’s no further action

decision. EPA responded to all

comments received in the

Responsivesness Summary, which is

attached to the ROD.

C. Characterization of Site Risk

Based on data collected during the RI,

a risk assessment was conducted to

identify exposure pathways and

potential human health risks resulting

from exposure to lead contamination

remaining on-site after the removal

actions conducted in 1988–89. The

potential pathways for human health

exposure to lead contamination at the

Site were accidental ingestion of soil

and ingestion of groundwater. A model

was used to determine that a lead

cleanup goal of 490 mg/kg for surface

soil would be protective of potentially

exposed children. For subsurface soils,

EPA determined that a cleanup goal of

1,000 mg/kg, which was based on an

industrial exposure, would be protective

of workers who might be exposed to

contaminated soil for a short duration.

A risk assessment was not conducted for

ingestion of lead in groundwater

because a federal drinking water

standard (15 ug/kg) already existed

which was protective of human health.

Confirmational monitoring of soil and

groundwater demonstrate that no

significant risk to public health or the

environment is posed by residual lead

contamination remaining at the Site.

Long-term operation and maintenance

activities are not required at the Site.

Based on the actions taken at the Site

prior to the ROD, EPA and ADEC

believe that hazardous substances have

been removed from the Site so as to

allow for unlimited use and unrestricted

exposure within the Site, that

conditions at the Site are protective of

public health and the environment, and

that no further remedial action or

institutional controls are needed at the

Site. Accordingly, EPA will not conduct

‘‘five-year reviews’’ at this Site.

One of the three criteria for deletion

specifies that EPA may delete a site

from the NPL if ‘‘all appropriate Fundfinanced response under CERCLA has

been implemented, and no further

action by responsible parties is

appropriate.’’ EPA, with concurrence of

ADEC, believes that this criterion for

deletion has been met. The groundwater

and soil data confirm that the ROD goals

have been met. It is concluded that there

is no significant threat to public health

or the environment and, therefore, no

further remedial action is necessary.

Subsequently, EPA is proposing

deletion of this Site from the NPL.

Documents supporting this action are

available from the docket.

Dated: April 30, 1996.

Chuck Clarke,

Regional Administrator, Region 10.

[FR Doc. 96–11757 Filed 5–10–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5504–1]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Intent to Delete Martin

Marietta Aluminum Company from the

National Priorities List Update: Request

for Comments.

SUMMARY: The Environmental Protection

Agency (EPA), Region 10, announces its

intent to delete the Martin Marietta 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), which EPA promulgated

pursuant to Section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended.

EPA and the State of Oregon

Department of Environmental Quality

(DEQ) 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: Comments concerning this Site

may be submitted on or before June 12,

1996.

ADDRESSES: Comments may be mailed

to: Howard Orlean, Environmental

Protection Agency, 1200 Sixth Avenue,
Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules 22007

Mail Stop: ECL–113, Seattle,

Washington 98101.

Comprehensive information on this

Site is available through the Region 10

public docket which is available for

viewing at the Martin Marietta Site

information repositories at the following

locations:

Dalles/Wasco County Library, 722 Court

Street, The Dalles, Oregon 97058.

United States Environmental Protection

Agency, Region 10 Office of

Environmental Cleanup - Records

Center, Attn: Lynn Williams, 1200

Sixth Avenue, Mail Stop, ECL–113,

Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT:

Howard Orlean, U.S. EPA Region 10,

1200 Sixth Avenue, Mail Stop: ECL–

113, Seattle, Washington 98101, (206)

553–6903.

SUPPLEMENTARY INFORMATION

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis of Intended Site Deletion

I. Introduction

The Environmental Protection Agency

(EPA) Region 10 announces its intent to

delete a site from the National Priorities

List (NPL), Appendix B of the National

Oil and Hazardous Substances

Contingency Plan (NCP), 40 CFR Part

300, and requests comments to this

deletion. EPA identifies sites on the

NPL that appear to present a significant

risk to human health or the

environment. As described in Section

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 plans to delete the Martin

Marietta Aluminum Company Site

(‘‘Site’’) at 3313 West 2nd Street, The

Dalles, Oregon 97058, from the NPL.

EPA will accept comments on the

plan to delete this Site for thirty 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 Martin Marietta

Aluminum Company Site and explains

how the Site meets the deletion criteria.

II. NPL Deletion Criteria

Section 300.425(e) of the NCP

provides that ‘‘releases’’ (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

have been met:

(i) Responsible parties or other parties have

implemented all appropriate response

actions required;

(ii) All appropriate Fund-financed

responses under CERCLA have been

implemented, and no further 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 a 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 the Martin

Marietta Aluminum Company Site,

hazardous substances remain on the Site

which are above health-based levels,

therefore, access restrictions,

monitoring, operation and maintenance

activities, and periodic five-year reviews

will continue. In addition, whenever

there is a significant release from a site

deleted from the NPL, the site may be

restored to the NPL without the

application of the Hazard Ranking

System.

III. Deletion Procedures

The following procedures were used

for the intended deletion of this Site: (1)

EPA Region 10 issued preliminary and

final close out reports which

documented the achievement of cleanup

goals; (2) The Oregon Department of

Environmental Quality (DEQ) 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 public comment period on EPA’s

Notice of Intent to Delete; and, (4) All

relevant documents have been made

available for public review in the local

Site information repositories.

Deletion of the Site from the NPL does

not itself, create, alter or revoke any

individual rights or obligations. The

NPL is designed primarily for

informational purposes to assist Agency

management. As mentioned in Section

II of this Notice, 40 CFR 300.425(e)(3)

states that deletion of a site from the

NPL does not preclude eligibility for

future Fund-financed response actions.

EPA’s Regional Office will accept and

evaluate public comments on EPA’s

Notice of Intent to Delete before making

a final decision. The Agency will

prepare a Responsiveness Summary if

any significant public comments are

received.

A deletion occurs when the Regional

Administrator places a final notice in

the Federal Register. Generally, the NPL

will reflect deletions in the final update

following the Notice. Public notices and

copies of the Responsiveness Summary

will be made available to local residents

by the Regional office.

IV. Basis for Intended Site Deletion

The following site summary provides

the Agency’s rationale for the intention

to delete this Site from the NPL.

A. Site Background

Martin Marietta Aluminum was an

aluminum reduction facility located in

The Dalles, Wasco County, Oregon, just

west of the Columbia River and east of

the Union Pacific Railroad tracks at

3313 West 2nd Street. The area

surrounding the site is primarily mixed

heavy and light industrial and

manufacturing property.

B. History

Aluminum production operations

were begun at the Site by Harvey

Aluminum, Inc. in 1958. Harvey

Aluminum, Inc. became a wholly

owned subsidiary of Martin Marietta

Corporation (MMC) in 1970. The Martin

Marietta facility continued operations

until 1984, when the plant was shut

down. In September of 1986, MMC

leased a portion of the facility to

Northwest Aluminum Company (NWA),

which resumed primary aluminum

operations in late 1986. In October 1991,

MMC sold the portion of the facility not

affected by deed restrictions to NWA. In

1995, MMC merged with Lockheed

Corporation to form Lockheed Martin.

Lockheed Martin, as successor to MMC,

maintains the portion of the NWA plant

affected by CERCLA remedial actions.

The NWA plant still produces

aluminum by electrolytic reduction of

alumina.

During facility operation, waste

constituents were stored, treated, and

disposed of at the Site. Hazardous

substances generated by the Martin

Marietta facility included fluoride,

sodium, sulfate, cyanide and

polynuclear aromatic hydrocarbons

(PAHs).

A landfill located in the northern

portion of the Site was used to dispose

of primarily construction debris from

the plant. Other materials disposed of in

this landfill included asbestos
22008 Federal Register / Vol. 61, No. 93 / Monday, May 13, 1996 / Proposed Rules

insulation, coke, pitch and cathode

waste.

In the Spring of 1983, the presence of

cyanide compounds was detected in the

ground water at the Martin Marietta

facility. The site was proposed for

inclusion on the NPL in October 1984.

On June 10, 1986 the Site was placed on

the NPL.

In September 1985, MMC and EPA

entered into a Consent Order to conduct

a remedial investigation/feasibility

study (RI/FS) for the Site. On September

29, 1988, EPA signed a Record of

Decision (ROD) that addressed the

potential sources of contamination as

identified in the RI/FS. The selected

remedial action in the ROD included the

following components:

• Consolidate on-Site residual

cathode waste and fill material into the

existing Landfill;

• Cap the existing Landfill in place

with a multi-media cap meeting

Resource Conservation and Recovery

Act (RCRA) performance criteria;

• Place a soil cover over two Sludge

Ponds;

• Plug and abandon nearby

production wells and connect users to

the City of The Dalles water supply

system;

• Collect and treat leachate generated

from the Landfill;

• Recover and treat contaminated

ground water from a perched zone near

the Unloading Area portion of the Site;

• Prepare ground-water quality

monitoring and contingency plans to

perform additional recovery of ground

water in the event that further

contamination is detected above health

based standards; and

• Implement institutional controls

including deed restrictions and fencing,

to assure that the remedial action will

protect human health and the

environment during and after

implementation.

An Explanation of Significant

Differences (ESD) was signed by EPA

Region 10 on September 23, 1994. The

ESD documented modifications to

remedial actions which were

anticipated in the ROD, and an addition

to the remedial action which was not

anticipated in the ROD.

Changes to the ROD which are

documented in the ESD include the

following:

• The ROD anticipated that the

volume of leachate generated from the

Landfill would be reduced to a

negligible flow within five years.

However, since the signing of the ROD,

the leachate flow rate has not decreased

significantly. As a result, the leachate

will have to be treated for a longer term

than expected.

• The ROD also required treatment of

contaminated ground water in an area

known as the Unloading Area.

Additional ground-water information

which was collected since the ROD, has

made it unnecessary to treat the ground

water in the Unloading Area.

C. Characterization of Risk

Prior to remediation, the preliminary

environmental pathways of concern

related to the wastes from the aluminum

reduction facility were ground water

and on-Site soils.

The remedial action commenced on

August 29, 1989 and consisted of the

following activities:

• Consolidation and capping of

wastes and debris from three former

operating units.

• Excavation and consolidation of

cathodic wastes into the Landfill, and

placement of a multi-layered RCRA

performance cap over the Landfill.

• Construction of a Leachate

Collection System and Cyanide

Destruction Treatment System to collect

and transfer any generated leachate from

the Landfill for treatment.

• Abandonment of four potable water

wells in the vicinity of the Site, and

connecting their users to the municipal

supply.

• Implementation of institutional

controls.

• Implementation of a ground-water

monitoring program.

On-Site containment of contaminated

soils and debris has reduced exposure

and inhibited the source of groundwater contamination. Analytical data

based on five years of ground-water

monitoring following the remedial

action indicate concentrations of

contaminants of concern do not exceed

ROD cleanup levels.

All pathways by which environmental

receptors could potentially be exposed

to Site-related contaminants have been

eliminated.

Since hazardous substances will

remain on Site, operation and

maintenance activities will continue,

and institutional controls will remain in

effect. A long-term ground-water

monitoring program has been

implemented at the Site. In addition, the

Site will continue to be subject to

periodic five-year reviews to ensure that

the remedy remains protective of human

health and the environment.

D. Public Participation

Community input has been sought by

EPA Region 10 throughout the cleanup

process for the Site. Community

relations activities have included public

meetings prior to signing of the ROD,

several public notices in local

newspapers, and routine publication of

progress fact sheets. A copy of the

Deletion Docket can be reviewed by the

public at the Dalles/Wasco County

Library or the EPA Region 10 Superfund

Records Center. The Deletion Docket

includes this Notice, the ROD, ESD,

Remedial Action Construction Report,

Preliminary Site Close-Out Report, and

Final Site Close-Out Report. EPA Region

10 will also announce the availability of

the Deletion Docket for public review in

a local newspaper and informational

fact sheet.

One of the three criteria for deletion

specifies that EPA may delete a site

from the NPL if ‘‘responsible parties or

other persons have implemented all

appropriate response actions required’’.

EPA, with the concurrence of DEQ,

believes that this criterion for deletion

has been met. Ground water and soil

data from the Site confirm that the ROD

cleanup goals have been achieved. It is

concluded that there is no significant

threat to human health or the

environment and, therefore, no further

remedial action is necessary.

Subsequently, EPA is proposing

deletion of this Site from the NPL.

Documents supporting this action are

available from the docket.

Dated: May 2, 1996.

Chuck Clarke,

Regional Administrator, Region 10.

[FR Doc. 96–11756 Filed 5–10–96; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Chapter I

[CC Docket No. 96–98, DA 96–700]

Implementation of the Local

Competition Provisions in the

Telecommunications Act of 1996;

Increase in Page Limits for Comments

and Reply Comments on Proposed

Rule

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: On April 19, 1996, the

Commission adopted and released a

Notice of Proposed Rulemaking (NPRM)

to implement provisions of the

Telecommunications Act of 1996 that

address local competition. In addition to

seeking comment on substantive rules,

the NPRM established a limit of

seventy-five (75) pages for the initial

round of comments and thirty-five (35)

pages for reply comments. Exhibits,

appendices, and affidavits of expert