2772 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

shall not be applicable as a water

quality standard for the purposes of the

CWA.

(e) To implement the requirements of

R18–11–108.A.5 and R–18–11–108.A.6

with respect to toxicity and nutrients,

EPA shall identify appropriate

procedures and methods for interpreting

and implementing these requirements.

(f) To implement the requirements of

R18–11–108.A.5 with respect to effects

of mercury on wildlife, EPA (or the

State with the approval of EPA) shall

implement a monitoring program to

assess attainment of the water quality

standard.

[FR Doc. 96–1550 Filed 1–26–96; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 300

[FRL–5407–1]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of Intent to Delete the

Folkertsma Refuse Site from the

National Priorities List; Request for

Comments.

SUMMARY: The United States

Environmental Protection Agency (US

EPA) Region V announces its intent to

delete the Folkertsma Refuse 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 US 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 US EPA,

because it has been determined that

Responsible Parties have implemented

all appropriate response actions

required. Moreover, US 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 this Site from the

NPL may be submitted on or before

February 28, 1996.

ADDRESSES: Comments may be mailed to

Gladys Beard, Associate Remedial

Project Manager, Office of Superfund,

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

(HSR–6J), Chicago, IL 60604.

Comprehensive information on the site

is available at U.S. EPA’s Region V

office and at the local information

repository located at: Kent County

Public Library, 4293 Remembrance

N.W., Walker, Michigan, 49554.

Requests for copies of documents

should be directed formally to the

Region V Docket Office. The name,

address and phone number of the

Regional Docket Officer is Jan

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

Jackson Blvd.(J–7J), Chicago, IL 60604,

(312) 353–5821.

FOR FURTHER INFORMATION CONTACT:

Karen Sikora, Remedial Project Manager

at (312) 886–1843, Gladys Beard,

Associate Remedial Project Manager at

(312) 886–7253, Office of Superfund,

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

(HSR–6J), Chicago, IL 60604 or Denise

Gawlinski, Office of Public Affairs, U.S.

EPA, Region V, 77 W. Jackson Blvd.(P–

19J), Chicago, IL 60604, (312) 886–9859.

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 Folkertsma Refuse

Site from the National Priorities List

(NPL), which constitutes Appendix B of

the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), and requests comments on the

proposed deletion. The 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

financed by the Hazardous Substance

Superfund Response Trust Fund (Fund).

Pursuant to 40 CFR 300.425(e)(3) of the

NCP, any site deleted from the NPL

remains eligible for Fund-financed

remedial actions if the 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

U.S. 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 U.S. 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, U.S. 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

responses under CERCLA have 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, remedial

measures are not appropriate.

III. Deletion Procedures

Upon determination that at least one

of the criteria described in the NCP 40

CFR 300.425(e) has been met, U.S. EPA

may formally begin deletion procedures

once the State has concurred. 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. All critical

documents needed to evaluate U.S.

EPA’s decision are included in the

information repository and the deletion

docket.

Upon completion of the public

comment period, if necessary, the U.S.

EPA Regional Office will prepare a

Responsiveness Summary to evaluate

and address comments that were

received. The public is welcome to

contact Jan Pfundheller, Docket Officer

at the U.S. EPA Region V Office, 77 W.

Jackson Blvd. (J–7J), to obtain a copy of

this responsiveness summary, if one is

prepared. If U.S. EPA then determines

the deletion from the NPL is

appropriate, final notice of deletion will

be published in the Federal Register.

IV. Basis for Intended Site Deletion

The Folkertsma Refuse site is a former

industrial landfill located at 1426

Pannell Road NW., in Walker, Michigan.

The City of Walker, which borders the
Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules 2773

northwest side of Grand Rapids, is

located in southwestern Michigan,

approximately 25 miles east of Lake

Michigan in Kent County.

The site is a rectangular parcel of land

measuring 1,000 by 400 feet and

covering approximately 8 acres. The site

is generally flat with 10 feet of vertical

relief sloping from the northern

boundary to the southern boundary. The

surface of the landfilled portion of the

site rises approximately 4 to 6 feet above

the surrounding area. The landfill was

not capped and foundry sand, the

primary fill material, was exposed at the

surface. However, the northeast portion

of the site has been covered with a 3

inch layer of gravel. An unnamed creek

(man made) running along the western

property line and a drainage ditch

running through the center of the

landfill join at the southern end of the

site and empty into a drain pipe. The

drain pipe discharges to Indian Mill

Creek just south of the site. Fishing and

swimming have been reported to occur

in Indian Mill Creek. However, Indian

Mill Creek is not a major recreational

area. Indian Mill Creek, which flows in

an easterly direction, empties into the

Grand River approximately 2 miles

downstream of the site.

The property is currently leased by a

pallet repair and manufacturing

company. An office building and three

warehouses are located on the site, and

stacks of pallets are organized along the

graveled area. The remainder of the site

is overgrown with weeds, grass and

trees and contains several pieces of junk

machinery.

The site and the properties

surrounding the site are zoned for and

occupied by industry. There are,

however, about ten to twelve residences

along the south side of Pannell Road in

close proximity to the north end of the

site. These homes obtain water from

private wells, which are upgradient

from the site. There is also a residential

subdivision approximately a quarter of

a mile north of the site. The subdivision,

also upgradient of the site, is serviced

by the Grand Rapids Water Department,

which obtains its water from Lake

Michigan and the Grand River.

Residences also exist south of the site,

on the other side of Indian Mill Creek.

These homes are downgradient of the

site. Michigan Department of Natural

Resources (MDNR) well records indicate

that there is only one domestic well in

this area; the other residences are

serviced by the Grand Rapids Water

Department. A door to door survey

conducted in 1986 did not identify any

additional water wells in this area.

East of the site is a tract of

undeveloped woodland which was

formerly operated as a muck farm. A

muck farm is where black earth with

decaying matter is harvested and used

as fertilzer. The western boundary is

bordered by nursery land and

greenhouses. South of the site is a

transfer station for a rendering

company. Wetlands exist along a second

drainage ditch approximately 85 feet

east of the site, and in scattered areas

along the north bank of Indian Mill

Creek downstream from the site.

A preliminary assessment was

completed in 1983. It was determined

that an on-site investigation should be

conducted. In 1984, an U.S. EPA field

investigation team sampled

groundwater and the sediment of the

drainage ditch. Although the

groundwater was not found to be

contaminated, elevated levels of semivolatile and inorganic chemicals were

detected in the sediment samples. In

1985, the MDNR conducted an

assessment of the site, and reported that

there was approximately 40,000 cubic

yards of waste at the site, consisting of

foundry sand, chemical products,

construction debris and other industrial

wastes from heavy manufacturing

operations. The site was proposed for

the NPL in 1986. The listing was

finalized in March 31, 1989, at 54 FR

13296.

The Remedial Investigation/

Feasibility Study (RI/FS) for the

Folkertsma Refuse Site was initiated in

1989, and the final RI report was

released in 1990. The major findings of

the RI include:

• Landfilled materials contain

volatile organic compounds (VOCs),

semi-volatile organic compounds

(SVOCs), polychlorinated biphenyls

(PCBs), pesticides, and metals at

concentrations above background levels.

• Some contaminants have migrated

into a muck deposit beneath the landfill,

or, in areas where there is little or no

muck, to a limited extent into an

underlying sand and gravel unit.

Contaminants have also migrated into

the sediments of the two on-site ditches

and Indian Mill Creek. There is an

estimated 12,300 cubic yards of

contaminated black earth with decayed

matter, muck, and 1,300 cubic yards of

contaminated sediment at the site.

• Shallow groundwater beneath the

landfill discharges to the two on-site

drainage ditches and Indian Mill Creek.

Deeper groundwater beneath the landfill

flows beneath Indian Mill creek and

continues toward the Grand River.

• Arsenic and polynuclear aromatic

hydrocarbons (PAHs) were detected

above Maximum Contaminant Levels

(MCLs) in shallow unfiltered

groundwater samples collected from

beneath the landfill. Comparison of

filtered and unfiltered groundwater

data, however, indicates that these

contaminants are not dissolved in the

groundwater, but rather are attached

onto particulate matter contained in the

groundwater.

• Beryllium and cadmium were

detected above water quality criteria for

freshwater in unfiltered surface water

samples collected from one of the

drainage ditches. Beryllium was

detected above the chronic standard at

one location, while cadmium was

detected above both the chronic and

acute standards at two locations.

Comparison of filtered and unfiltered

drainage water samples, however,

indicates that these chemicals are

suspended in the drainage water rather

than dissolved.

• The landfilled materials pose an

unacceptable carcinogenic risk to

human health under worst case

conditions for ingestion (10¥4), direct

contact (10¥3), and inhalation (10¥4).

The main contaminants posing the risks

are PAHs (ingestion and direct contact)

and chromium (inhalation). No

unacceptable human health risks were

identified for exposure to the landfilled

materials under probable case

conditions.

• The ingestion of shallow

groundwater beneath the landfill poses

unacceptable potential future

carcinogenic risks to human health of

10¥3 and 10¥2 under probable and

worst case conditions respectively. The

Hazard Indices calculated for future

ingestion of shallow groundwater for

probable and worst case conditions are

1.62 and 29.7 respectively. The risks

posed by ingestion of shallow

groundwater are based on the PAHs and

high levels of arsenic detected in

unfiltered groundwater samples

collected from beneath the landfill.

PAHs and arsenic, however, have a

limited potential to migrate and were

not detected in downgradient

groundwater samples.

• Potential future carcinogenic and

noncarcinogenic human health risks

calculated for the ingestion of deep

groundwater under worst case

conditions are 10¥4 and 2.54

respectively. These potential future

worst case risks are also based on

unfiltered groundwater samples

collected from directly beneath the

landfill. In addition, the chemical

concentrations driving the risk are

below MCLs.

• The landfilled materials and the

contaminated sediments of the two onsite ditches and Indian Mill Creek pose

an unacceptable risk to the environment

through ingestion and direct contact.
2774 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Proposed Rules

These risks are posed to the animal

populations living at or near the site

who may wade or swim in the streams,

or walk, lay, or burrow in the landfilled

materials. These risks will not be

significant if exposure is infrequent.

Frequent exposure, however, may result

in the bioaccumulation of

trichloroethene, PCBs, and metals

including arsenic, cadmium, chromium,

lead, mercury, manganese, and nickel.

• Based on the findings of the RI, U.S.

EPA conducted a Feasibility Study (FS)

to evaluate remedial alternatives to

address the contaminated landfilled

materials. The FS was completed in

consultation with the MDNR in mid1990, and U.S. EPA’s Proposed Plan was

issued in consultation with the MDNR

in March 1991. Following the close and

evaluation of the public comment

period, U.S. EPA signed the Record of

Decision (ROD) in June 1991. The State

of Michigan concured with the ROD.

The major components of the selected

remedy for the Folkertsma Refuse site

include:

• Excavation of contaminated

sediments from the two on-site ditches

and Indian Mill Creek for consolidation

with the landfilled materials;

• Conversion of the two on-site

ditches into permeable underground

drains to provide for continued site

drainage;

• Construction of a cap over

contaminated sediments and landfilled

materials in accordance with the

requirements of the Resource

Conservation and Recovery Act Subtitle

D and Michigan Solid Waste

Management Act 641;

• Installation of passive gas vents to

prevent the buildup of volatile organic

compounds and methane, if necessary;

• Placement of a layer of topsoil and

a vegetative covering over the clay cap

and landfilled materials;

• Site fencing and institutional

controls such as deed restrictions to

prevent the installation of drinking

water wells within the landfilled

portion of the site and future

disturbance of the cap and landfilled

materials;

• Implementation of long-term

groundwater and drainage water

monitoring programs to ensure the

effectiveness of the remedial action. In

addition to monitoring the effectiveness

of the source control portion of the

remedial action, the long-term

groundwater monitoring will also

ensure the effectiveness of the

groundwater remedy, which are various

institutional controls. If contamination

is detected beyond the area where the

institutional controls are established, it

may be necessary to modify these

controls.

The remedy selected for the

Folkertsma Refuse site eliminates or

reduces the risks posed by the site

through the use of engineering and

institutional controls.

The selected remedy provides for the

containment of the large volume of low

level organic and inorganic waste

material present in the landfill, the

black earth with decaying matter or

muck which is deposited beneath the

landfill, and the contaminated

sediments of the two on-site ditches and

Indian Mill Creek; reduces the potential

for contaminant migration into the

groundwater; and reduces the potential

for contaminated groundwater to move

out from beneath the landfill.

Community involvement activities for

the Folkertsma Refuse site began in

October 1988, shortly before the RI was

scheduled to begin. EPA conducted

interviews with state and local officials,

a local environmental organization, and

Walker residents to determine the level

of interest and concern over the site. A

Community Involvement Plan (formerly

CRP) was finalized in February, 1989.

The RI/FS for the Folkertsma Refuse

site was released to the public in mid

1990 and was made available at the

information repository. The

Administrative Record is also

maintained at the library and the Region

V office in Chicago.

Remedial Action construction

activities began in March 1994.

Construction activities included: site

clearing and regrading, including the

relocation of an on-site pallet company

operation; sediment excavation,

solidification and consolidation with

the landfilled materials; conversion of

two on-site ditches into permeable

underground drains and replacing the

Indian Mill Creek drain pipe with an

open channel; monitoring well

abandonment, replacement and

construction; installation of probes for

landfill gas monitoring; and

construction of a cap consisting of 2 feet

of clay followed by a 6 inch sand

drainage layer, 1 foot rooting zone layer

and 6 inch topsoil layer.

The construction completion report

dated February 1995 certifies

completion of all remedial action and

documents that the objectives of the

remedial action have been met. This

report certifies that all major

components of the remedy are complete

with the exception of environmental

monitoring and maintenance, which is a

long-term ongoing part of the operation

and maintenance. However, the

equipment to conduct the long-term

monitoring was installed as part of this

project.

The institutional controls for the site

include restrictions to prohibit

development of the Site, (including, but

not limited to, excavation, construction

and drilling), and the installation of

groundwater drinking water wells at the

Site. The institutional controls regarding

future development of the Folkertsma

Refuse Site and the future installation of

groundwater drinking water wells have

been implemented and shall be

permanent.

EPA, with concurrence from the State

of Michigan, has determined that

Responsible Parties have implemented

all appropriate response actions

required. Therefore, EPA proposes to

delete the site from the NPL.

Dated: October 19, 1995.

Michelle D. Jordan,

Acting Regional Administrator, U.S. EPA,

Region V.

[FR Doc. 96–1542 Filed 1–26–96; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Administration for Children and

Families

45 CFR Parts 301, 302, 303, 304, 306

and 307

RIN 0970–AB57

Child Support Enforcement Program;

State Plan Approval and Grant

Procedures, State Plan Requirements,

Standards for Program Operations,

Federal Financial Participation and

Optional Cooperative Agreements for

Medical Support Enforcement

Computerized Support Enforcement

Systems

AGENCY: Office of Child Support

Enforcement (OCSE).

ACTION: Notice of proposed rulemaking.

SUMMARY: This proposed rule would

amend Federal regulations governing

procedures for making information

available to consumer reporting

agencies (CRAs). These provisions

implement the requirements of section

212 of the Social Security Act

Amendments of 1994 (Pub. L. 103–432)

which require States to adopt

procedures for periodic reporting of

information to CRAs, effective October

1, 1995. This proposed rule would

implement Public Law 104–35 which

was enacted on October 12, 1995 which

revises section 454(24) of the Social

Security Act.