21422 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed Rules

from the wood preserving industry meet

the variance criteria found in 40 CFR

260.31(b). As was stated in the Phase IV

proposal, if these criteria can be

demonstrated on an industry-wide

basis, the Agency may grant a

conditional exclusion from the

definition of solid waste for reclaimed

production wastewaters from the wood

preserving industry. The comments

from AWPI address each of the 40 CFR

261.31(b) criteria in some detail. EPA

will also review other comments, such

as those submitted by EDF, that

question the basis and desirability of

granting the variance on an industrywide basis. EPA solicits replies to these

particular comments.

EPA has also added to the docket a

bill being considered by Congress that

would exempt from regulation

wastewaters provided the materials are

‘‘contained, collected, and reused in an

on-site production process that prevents

releases to the environment.’’ In

discussions of this issue, representatives

of the American Wood Preservers

Association stated that they were not

seeking to eliminate the existing

Subpart W standards for drip pads used

to collect and manage drippage from

wood preserving. EPA solicits

comments on whether the record

supports a national exclusion from the

definition of solid waste for recycled

process wastewaters from wood

preserving operations that are returned

to the process from which they

originated, with the condition that

drippage from the wood is collected and

managed on drip pads that are in

compliance with Subpart W drip pad

standards and that there is no release of

the wastewaters to the environment.

(4) Capacity Issues

a. Request for More Information on

Amounts of TC Metal Wastes and TCcontaminated Soil

EPA has received comments on the

Phase IV proposed rule stating that

application of Universal Treatment

Standards to TC metal wastes will

significantly increase the demand for,

and costs of, treatment. As stated in the

Supplemental Proposal on mineral

processing wastes, EPA has limited

information on quantities of TC metal

wastes with which to analyze available

treatment capacity. Comments also

indicated that there may be TC metalcontaminated soil that would require

treatment to meet LDR treatment

standards. These commenters argue that

there will be a need for a capacity

variance for TC metal-contaminated

soils. Commenters submitted very little

data, however, to support their

arguments. EPA requests data to

potentially support capacity variances

for TC metal wastes and TC metalcontaminated soils.

Furthermore, as stated in the

Supplemental proposal, EPA solicits

information on quantities of

characteristic mineral processing

wastes, in order to determine whether

adequate capacity exists to treat these

wastes (61 FR 2360). Because data do

not exist to support a capacity variance

at this time, EPA is once again urging

commenters to provide information on

the quantities, characteristics, and

management of the newly identified

mineral processing wastes.

b. Potential Capacity Variance for FMC

Corporation

Representatives of FMC Corporation

met with EPA to present their argument

that they need a two-year national

capacity variance for three large volume

TC metal wastewater streams (Medusa

Scrubber Blowdown, Anderson Filter

Media Rinsate, and Furnace Building

Washdown) that are generated at its

Pocatello, Idaho facility. (A

memorandum summarizing this meeting

is part of the record for this rulemaking.)

FMC believes that these three

wastewaters pose unique treatability

problems because of elemental

phosphorous contamination and

naturally occurring radioactive material.

They argue that the logistics and costs

to ship these wastestreams off-site for

treatment are impractical and

prohibitive. FMC also stated that a

survey of off-site treatment facilities

shows that no permitted TSDF can

currently handle these wastestreams. As

such, FMC believes it will need a twoyear national capacity variance to

develop and construct treatment

capacity for these wastewater streams

and thus comply with Phase IV. FMC

intends to submit detailed

documentation supporting its claim for

a two-year national capacity variance. If

it is submitted in a timely fashion, EPA

will make it available to the public

during the comment period for this

notice, and will potentially use this

information in determining whether a

capacity variance is needed.

Summary

In conclusion, the Agency is making

available to the public new data it has

received since the Phase IV proposal (or

alerting the public to data it expects to

receive immediately). Comments are

requested on the data and their possible

use, as discussed in this notice. In

addition, the Agency is requesting data

on TC metal wastes, TC metalcontaminated soil, and mineral

processing wastes and contaminated

soils, that could be used to determine

the need for capacity variances, since

the Agency currently lacks such data.

Dated: May 3, 1996.

Michael Shapiro,

Director, Office of Solid Waste.

[FR Doc. 96–11740 Filed 5–9–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5502–2]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Intent to Delete the

Marathon Battery Company site from

the National Priorities List: Request for

Comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region II announces its

intent to delete the Marathon Battery

Company site from the National

Priorities List (NPL) and requests public

comment on this action. The NPL is

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), as amended. EPA and

the State of New York have determined

that no further cleanup by responsible

parties is appropriate under CERCLA.

Moreover, EPA and the State have

determined that CERCLA activities

conducted at the Marathon Battery

Company site to date have been

protective of public health, welfare, and

the environment.

DATES: Comments concerning the

deletion of the Marathon Battery

Company site from the NPL may be

submitted on or before June 7, 1996.

ADDRESSES: Comments concerning the

deletion of the Marathon Battery

Company site from the NPL may be

submitted to: Pamela Tames, P.E.,

Remedial Project Manager, U.S.

Environmental Protection Agency,

Region II, 290 Broadway, 20th floor,

New York, NY 10007–1866.

Comprehensive information on the

Marathon Battery Company site is

contained in the EPA Region II public

docket, which is located at EPA’s

Region II office (the 18th floor), and is

available for viewing, by appointment

only, from 9:00 a.m. to 5:00 p.m.,

Monday through Friday, excluding
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed Rules 21423

holidays. For further information, or to

request an appointment to review the

public docket, please contact Ms. Tames

at (212) 637–4255.

Background information from the

Regional public docket is also available

for viewing at the Marathon Battery

Company site’s Administrative Record

repository located at: Julia Butterfield

Memorial Library, Morris Avenue, Cold

Spring, NY 10516.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

I. Introduction

EPA Region II announces its intent to

delete the Marathon Battery Company

site from the NPL and requests public

comment on this action. The NPL is

Appendix B to the NCP, which EPA

promulgated pursuant to Section 105 of

CERCLA, as amended. EPA identifies

sites that 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 remedial actions

(RAs) financed by the Hazardous

Substances Superfund Response Trust

Fund (the ‘‘Fund’’). Pursuant to

§ 300.425(e)(3) of the NCP, any site

deleted from the NPL remains eligible

for Fund-financed RAs, if conditions at

such site warrant action.

EPA will accept comments

concerning the Marathon Battery

Company site for thirty (30) days after

publication of this notice in the Federal

Register (until June 7, 1996).

Section II of this notice explains the

criteria for deleting sites from the NPL.

Section III discusses the procedures that

EPA is using for this action. Section IV

discusses how the Marathon Battery

Company site meets the deletion

criteria.

II. NPL Deletion Criteria

The NCP establishes the criteria that

the Agency uses to delete sites from the

NPL. In accordance with 40 CFR Section

300.425(e), sites may be deleted from

the NPL where no further response is

appropriate. In making this

determination, EPA, in consultation

with the State, will consider whether

any of the following criteria have been

met:

1. That responsible or other persons

have implemented all appropriate

response actions required; or

2. All appropriate Fund-financed

responses under CERCLA have been

implemented, and no further cleanup by

responsible parties is appropriate; or

3. The remedial investigation has

shown that the release poses no

significant threat to public health or the

environment and, therefore, taking

remedial measures is not appropriate.

III. Deletion Procedures

The NCP provides that EPA shall not

delete a site from the NPL until the State

in which the release was located has

concurred, and the public has been

afforded an opportunity to comment on

the proposed deletion. Deletion of a site

from the NPL does not affect responsible

party liability or impede agency efforts

to recover costs associated with

response efforts. The NPL is designed

primarily for informational purposes

and to assist agency management.

The following procedures were used

for the intended deletion of the

Marathon Battery Company site:

1. EPA Region II has recommended

deletion and has prepared the relevant

documents.

2. The State of New York has

concurred with the deletion decision.

3. Concurrent with this Notice of

Intent to Delete, a notice has been

published in local newspapers and has

been distributed to appropriate federal,

state and local officials, and other

interested parties. This notice

announces a thirty (30)-day public

comment period on the deletion

package starting on May 8, 1996 and

concluding on June 7, 1996.

4. The Region has made all relevant

documents available in the regional

office and the local site information

repository.

EPA Region II will accept and

evaluate public comments and prepare

a Responsiveness Summary, which will

address the comments received, before a

final decision is made. The Agency

believes that deletion procedures should

focus on notice and comment at the

local level. Comments from the local

community may be most pertinent to

deletion decisions. If, after

consideration of these comments, EPA

decides to proceed with deletion, the

EPA Regional Administrator will place

a Notice of Deletion in the Federal

Register. The NPL will reflect any

deletions in the next update. Public

notices and copies of the

Responsiveness Summary will be made

available to the public by EPA Region II.

IV. Basis for Intended Site Deletion

Site History and Background

The Marathon Battery Company site,

located in the Village of Cold Spring,

Putnam County, New York, includes a

former nickel-cadmium battery

manufacturing facility, the Hudson

River in the vicinity of the Cold Spring

pier, and a series of river backwater

areas known as East Foundry Cove, East

Foundry Cove Marsh, Constitution

Marsh, and West Foundry Cove. Before

the site was remediated, a battery plant

and an underground asphalt- and claylined vault containing spoils from

dredging activities in the cove, were

located on the facility’s grounds.

Twenty-nine houses, located on

Constitution Drive, are in the vicinity of

the site.

Nickel-cadmium batteries were

manufactured at the plant from 1952–

1979. The plant’s wastewater treatment

system originally consisted of a lift

station and piping for transfer of all

process wastewater into the Cold Spring

sewer system for discharge directly into

the Hudson River at the Cold Spring

pier. In addition, a by-pass valve was

installed so that when the lift station

was shut down or overloaded, a direct

gravity discharge could be made into the

Kemble Avenue storm sewer for

discharge into Foundry Cove.

In the early 1970s, studies conducted

by New York University, EPA, and the

New York State Department of

Environmental Conservation (NYSDEC)

showed high levels of cadmium

contamination in Foundry Cove

sediments. Samples of vegetation and

various species of fish, muskrat, turtle

eggs, and green heron revealed high

concentrations of cadmium, as well.

In 1972, the U.S. Department of

Justice signed a Consent Agreement

requiring the present and past owners/

operators to remove as much cadmium

from the outfall area and channel

leading into the cove as was

economically, technically, and

ecologically feasible. The dredge spoils

were entombed in the above-described

vault. The dredging, however, was not

totally successful. Post-dredging

monitoring continued to detect elevated

cadmium concentrations in the cove’s

sediments, flora, and fauna. Tidal action

slowly flushed some of the remaining

cadmium deposits from the cove into

the Hudson River and into Constitution

Marsh, a National Audubon Society

sanctuary.

In October 1981, the Marathon Battery

Company site was included on the NPL.

In August 1983, EPA and the State of

New York signed a Cooperative

Agreement to undertake a remedial

investigation and feasibility study (RI/

FS) at the Marathon Battery Company

site. The results of the RI sediment

sampling program indicated widespread

heavy metal contamination of the

sediments and marsh soils of Foundry
21424 Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed Rules

Cove. The highest level of

contamination occurred in East Foundry

Cove Marsh in close proximity to the

Kemble Avenue outfall. This area,

characterized by a layer of greenishwhite sediment spanning an

approximately 50 by 100 foot area,

showed concentrations as high as

171,000, 156,000, and 6,700 milligrams/

kilogram (mg/kg) for cadmium, nickel,

and cobalt, respectively. Cadmium

levels as high as 2,200 mg/kg were

found in the Hudson River in the

vicinity of the Cold Spring pier.

Samples from the former battery

facility indicated contamination as high

as 120,000 mg/kg cadmium and 130,000

mg/kg nickel in the rafters, and up to

600 mg/kg cadmium on the surrounding

grounds. Cadmium concentrations up to

67 mg/kg were found in soils in the

adjacent residential yards.

In March 1986, NYSDEC requested

that EPA assume the lead role for this

project. EPA’s contractor completed a

supplemental RI/FS for the East

Foundry Cove Marsh/Constitution

Marsh portion of the site (Area I) in

August 1986.

On September 30, 1986, a Record of

Decision (ROD) was signed for Area I,

calling for the dredging of the

contaminated sediments exceeding 100

mg/kg, placement of a clay cap and soil

cover on the excavated marsh areas,

restoration of the marsh, chemical

fixation of the excavated sediments,

followed by their off-site disposal. Longterm monitoring was selected for

Constitution Marsh.

Supplemental RI activities for the

former battery facility (Area II) were

completed in April 1988. A ROD for this

operable unit was signed on September

30, 1988. The selected remedy included

decontamination of the interior of the

former battery plant building and its

contents, excavation and chemical

fixation of the dredge spoils vault,

excavation and chemical fixation of the

cadmium-contaminated soils on the

plant grounds and adjacent properties

which exceeded 20 mg/kg (determined

by a risk assessment), enhanced

volatilization of the volatile organic

compound (VOC)-contaminated soils,

and off-site disposal of the

contaminated dust and fixated soils.

Long-term monitoring was selected for

the VOC-contaminated ground water

underlying the site. (A search for VOCcontaminated soils on the plant grounds

during the design failed to find a source

area. Therefore, the enhanced

volatilization component of the selected

remedy was not designed. The

subsequent demolition of the building

revealed elevated levels of VOCs in

some sections of the sealed process

trenches and an ejector pit. The contents

of the process trench and ejector pit

were sent to an off-site facility for

treatment/disposal.)

An RI/FS for the East Foundry Cove,

West Foundry Cove, and Hudson River

in the vicinity of the Cold Spring pier

portion of the site (Area III) was

completed in June 1989. The Area III

ROD was signed on September 26, 1989.

The selected remedy called for dredging

one foot of contaminated sediments to

achieve a 95% removal rate from East

Foundry Cove and the Hudson River in

the vicinity of the Village of the Cold

Spring pier, followed by chemical

fixation and off-site disposal. Long-term

monitoring was selected for West

Foundry Cove, a depositional area.

A consolidated design for Areas I, II

(the dredge spoils vault and the plant

grounds), and III was completed in May

1992.

Following the completion of field

investigations to more fully delineate

the areas of the adjacent residential

properties that required remediation, in

May 1992, this portion of the Area II

remediation effort commenced. When

the remedial action was completed in

March 1993, approximately 1,600 cubic

yards of contaminated soil had been

excavated and removed.

On March 26, 1989, EPA issued a

Unilateral Administrative Order (UAO)

to Marathon Battery Company, Gould

Inc., and Merchandise Dynamics, the

property owner, requiring them to

decontaminate the interior of the

114,000-square foot former battery plant

(which at the time was an abandoned

book repository) and its contents, to

recycle the decontaminated books, and

to properly dispose of contaminated

materials. Following the performance of

a pilot-scale study conducted by

Marathon Battery Company’s and Gould

Inc.’s contractor to evaluate

decontamination techniques, the

facility, as well as 4,170 pallets

containing approximately 2.5 million

books were decontaminated. Twelve of

seventy-six rolloffs containing debris

from the building were determined to

contain hazardous debris and were

disposed of at Chemical Waste

Management’s hazardous landfill in

Model City, New York. The remaining

rolloffs were sent to Waste

Management’s Modern Landfill in York,

Pennsylvania. While the book and

building decontamination work was

completed in December 1991, due to the

limited production rate of available

book recycling companies, the recycling

of the books continued until March

1993.

A Consent Decree, in which Gould

Inc. agreed to perform the remedial

action and the remaining PRPs,

Marathon Battery Company and the U.S.

Army, agreed to a cash settlement, was

entered with the Southern District Court

on April 1, 1993. Gould Inc., as the

Settling Work Defendant, chose

Sevenson Environmental Services as its

contractor. The U.S. Army Corps of

Engineers (USACE) performed oversight

of the work effort.

Full-scale dredging of East Foundry

Cove Marsh and East Foundry Cove and

the excavation of the plant grounds

began in September 1993. The treated

sediments and soils were stockpiled on

the treatment area for curing and posttreatment testing prior to off-site

disposal at City Management Landfill in

Michigan. All treated materials were

subjected to the Toxicity Characteristics

Leaching Procedure as required by EPA

and the Extraction Procedure Toxicity

Test as required by the State of

Michigan.

Dredging in the Hudson River in the

vicinity of the Cold Spring pier was

completed in early July 1994 and

dredging of East Foundry Cove

continued until February 1994. All

dredged areas underwent post-remedial

sampling and were surveyed to

determine whether the proper

concentration or dredging depth was

achieved. With regard to East Foundry

Cove Marsh, post-excavation cadmium

levels in the sediments did not exceed

the 100 mg/kg action level, averaging

11.75 mg/kg.

In the Hudson River and East Foundry

Cove, an average of 10 mg/kg of

cadmium remained, which was

consistent with the ROD requirement

that at least one foot of sediment and

95% of the contamination be removed.

The collection of ice and snow on the

former battery facility’s roof during the

winter of 1993–1994 resulted in the

collapse of a 10,000 square foot section

of the roof, thereby exposing a portion

of the concrete foundation to the outside

elements. This particular portion of the

foundation contained numerous

trenches which were used for waste

disposal during the manufacture of

nickel-cadmium batteries. Sample

analyses revealed that elevated levels of

cadmium and nickel remained encased

in the rubble-filled and cemented-over

trenches. Due to EPA’s concern that

continued exposure to the elements and

freeze/thaw cycles could cause the

concrete floor and/or trenches’ cement

caps to heave and crack, possibly

resulting in a release of contaminated

dust, the PRPs agreed to demolish the

building and remove the foundation and

process trenches. Demolition of the

former battery facility began in
Federal Register / Vol. 61, No. 92 / Friday, May 10, 1996 / Proposed Rules 21425

September 1994 and was completed in

January 1995.

Following the demolition of the

former battery facility, it was discovered

that a cadmium nitrate tank located on

a pedestal immediately adjacent to the

plant had leaked onto the underlying

soil prior to the closing of the plant in

1979. In an attempt to remove this

cadmium-contaminated soil, a twentyby sixty-foot area was excavated to a

depth of approximately twenty feet

(approximately two feet above the

ground-water table). While postexcavation sampling of this area showed

that some cadmium contamination

remained in the saturated soils at levels

above the 20 mg/kg action level, and

low levels of cadmium were present in

the ground water, it was determined

that excavating an additional four feet of

contaminated soil (two feet below the

water table), placing two feet of

limestone at the bottom of the

excavation (to keep the cadmium

insoluble), and backfilling the

excavation with clean fill would be

protective of public health and the

environment.

At the completion of the marsh

remediation and restoration activities in

April 1995, the marsh was planted with

cattails, bull rush, arrow arrum, and

upland shrubs in specified areas.

The plant grounds were regraded and

reseeded in July 1995. Fourteen

monitoring wells remain in place on the

plant grounds for the long-term

monitoring of the ground water for

VOCs and cadmium.

In all, 189,265 tons of treated soils

and sediments were transported off-site

(via 1,979 railcars) to City Management

Landfill in Michigan. Chemical Waste

Management’s hazardous waste landfill

in Model City, New York received 906

tons of hazardous materials.

A Remedial Action Report associated

with the remediation of the adjacent

properties was approved on September

28, 1993. A Remedial Action Report

associated with the East Foundry Cove,

East Foundry Cove Marsh, Hudson

River in the vicinity of the Cold Spring

pier, the former battery facility, and

plant grounds portions of the site was

approved on September 18, 1995. A

Superfund Site Close-Out Report was

approved on September 28, 1995.

Summary of Operation and

Maintenance and Five-Year Review

Requirements

The cattails, bull rush, and arrow

arrum, as well as the upland shrubs, are

being monitored on a regular basis by

the warden of the adjacent National

Audubon sanctuary, Constitution

Marsh.

The Settling Defendants have agreed

to monitor the site for up to thirty years,

commencing with the first inspection/

monitoring event that occurred on

October 27, 1995.

The long-term monitoring program

consists of monitoring the groundwater,

East and West Foundry Cove sediments

and surface water and biological

sampling and analysis quarterly the first

year, semi-annually during years two

through five, and annually thereafter for

a total of thirty years.

Site inspections are to be coincident

with the monitoring events. The

inspections will include visual

observations of the marsh soil cover and

erosion controls, groundwater

monitoring wells, and general site

conditions. Maintenance, if required,

will consist of correcting observed

deficiencies (e.g., repairing ground

water monitoring wells) The fourteen

groundwater monitoring wells that

comprise the groundwater monitoring

program will be inspected to ensure

their integrity. They will be repaired

should they become damaged, or

replaced should they become nonfunctional.

So that EPA can evaluate the remedy’s

effectiveness, following each

inspection/sampling event, Gould Inc. is

to submit to EPA a monitoring and

inspection program report, summarizing

the inspection and sampling results, and

describing any corrective maintenance

actions that were taken. In addition, a

review of the long-term monitoring and

inspection program reports will be

performed five years after the

completion of the RA to assure that the

remedy remains effective in protecting

human health and the environment.

There are no operational requirements

related to the implemented remedy.

Summary of How the Deletion Criteria

Has Been Met

Based upon the results of RA sample

analyses, survey results, and site

inspections, the site meets the

requirements set forth in the RODs. All

contaminated soils and sediments above

the specific action levels set for each

operable unit were excavated and/or

dredged from those areas, treated and

disposed of off-site. East Foundry Cove

Marsh and the plant grounds have been

regraded with clean fill and restored. An

Explanation of Significant Differences,

dated May 1995, was issued by EPA to

address the pedestal area on the plant

grounds which exceeds the action level

at a depth of 20 feet. However, EPA

believes the placement of two feet of

limestone at the bottom of the

excavation to keep the cadmium

insoluble, and the backfilling of the

excavation with clean fill is protective

of public health and the environment.

EPA and the State have determined

that the response actions undertaken at

the Marathon Battery Company site are

protective of human health and the

environment.

In accordance with 40 CFR § 300.425

(e), sites may be deleted from the NPL

where no further response is

appropriate. EPA, in consultation with

the State, has determined that all

appropriate responses under CERCLA

have been implemented and that no

further cleanup by responsible parties is

appropriate. Having met the deletion

criteria, EPA proposes to delete the

Marathon Battery Company site from

the NPL.

The State has advised EPA that, upon

deletion of the Marathon Battery

Company site from the NPL, it proposes

to change the classification of the site on

its Registry of Inactive Hazardous Waste

Sites from a Class 2 (a site where the

disposal of a consequential quantity of

hazardous waste has been confirmed

and presents a significant threat to the

environment or health) to a Class 4 (a

site that has been properly closed, but

requires continued operation,

maintenance, and/or monitoring).

Dated: April 12, 1996.

William J. Muszynski,

Acting Regional Administrator.

[FR Doc. 96–11481 Filed 5–9–96; 8:45 am]

BILLING CODE 6560–50–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Part 73

[MM Docket No. 96–103; RM–8794]

Radio Broadcasting Services; Smith,

NV

AGENCY: Federal Communications

Commission.

ACTION: Proposed rule.

SUMMARY: The Commission requests

comments on a petition filed by Donegal

Enterprises, Inc., seeking the allotment

of Channel 271C3 to Smith, Nevada, as

the community’s first local aural

service. Channel 271C3 can be allotted

to Smith in compliance with the

Commission’s minimum distance

separation requirements with a site

restriction of 3.9 kilometers (2.4 miles)

east, at coordinates 38–47–53 NL; 119–

16–55 WL, to avoid a short-spacing to

Station KSSJ, Channel 270B, Shingle

Springs, CA.