Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations 49349 

addressee or the addressee’s agent by 

checking and signing the waiver of 

signature on Label 11–B or Label 11–F, 

Express Mail Post Office to Addressee, 

or indicating waiver of signature is 

requested on single-ply commercial 

label. Completion of the waiver of 

signature authorizes the delivery 

employee to sign upon delivery. The 

item is delivered to the addressee’s mail 

receptacle or other secure location. 

Mailers who waive signature are 

provided only the delivery date and 

time, and not an image of the signature 

when accessing delivery information on 

the Internet or when calling the toll-free 

number. 

* * * * * 

500 Additional Mailing Services 

503 Extra Services 

* * * * * 

8.0 Return Receipt for Merchandise 

* * * * * 

8.3 Mailing 

* * * * * 

8.3.2 How to Mail 

A mailer can obtain Form 3804 and 

Form 3811 (return receipt) at the Post 

Office or from any rural carrier. Observe 

these procedures: 

* * * * * 

[Revise item f as follows:] 

f. By signing the waiver on Form 

3804, customers are instructing the 

USPS to deliver the item without 

obtaining the addressee’s or addressee’s 

agent’s signature. Completion of the 

waiver of signature authorizes the 

delivery employee to sign upon 

delivery. The item is delivered to the 

addressee’s mail receptacle or other 

secure location. To waive signature, 

detach both parts of the gummed 

sections of label 3804 and attach to the 

mailpiece. 

* * * * * 

Neva Watson, 

Attorney, Legislative. 

[FR Doc. E8–19340 Filed 8–20–08; 8:45 am] 

BILLING CODE 7710–12–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 62 

[EPA–R05–OAR–2007–0952; FRL–8707–5] 

Approval and Promulgation of Revised 

Municipal Waste Combustor State Plan 

for Designated Facilities and 

Pollutants: Indiana; Withdrawal of 

Direct Final Rule 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Withdrawal of direct final rule. 

SUMMARY: EPA is withdrawing the July 

8, 2008 (73 FR 38925), direct final rule 

revisions to Indiana’s State Plan to 

control air pollutants from large 

Municipal Waste Combustors (MWC). 

The Indiana Department of 

Environmental Management (IDEM) 

submitted the State Plan on August 24, 

2007. 

In the direct final rule, EPA stated 

that if adverse comments were 

submitted by August 7, 2008, the rule 

would be withdrawn and not take effect. 

On July 29, 2008, IDEM submitted a 

comment to EPA. EPA believes this 

comment is adverse and, therefore, EPA 

is withdrawing the direct final rule. 

Specifically, IDEM commented that, in 

the table for particulate matter, there 

was a typographical error in identifying 

the appropriate footnotes for the 

emission limitations. In addition, IDEM 

stated that it had recently submitted an 

agency correction for publication in the 

Indiana Register to correct the footnotes 

for mercury and sulfur dioxide in the 

emission limitations table, and 

requested that these corrections be part 

of the final federal approval. EPA will 

address the comment in a subsequent 

final action based upon the proposed 

action also published on July 8, 2008 

(73 FR 38954). EPA will not institute a 

second comment period on this action. 

DATES: The direct final rule published at 

73 FR 38925 on July 8, 2008, is 

withdrawn as of August 21, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Margaret Sieffert, Environmental 

Engineer, Environmental Protection 

Agency, Region 5, 77 West Jackson 

Boulevard (AT–18J), Chicago, Illinois 

60604, (312) 353–1151, 

sieffert.margaret@epa.gov. 

List of Subjects in 40 CFR Part 62 

Environmental protection, Air 

pollution control, Administrative 

practice and procedure, 

Intergovernmental relations, Municipal 

waste combustors, Reporting and 

recordkeeping requirements. 

Dated: August 12, 2008. 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region 5. 

■ Accordingly, the amendments to 40 

CFR 62.3650, 62.3651, and 62.3652 to 

subpart P which published in the 

Federal Register on July 8, 2008 (73 FR 

38925) on page 38928, and which were 

to become effective on September 8, 

2008, are withdrawn as of August 21, 

2008. 

[FR Doc. E8–19416 Filed 8–20–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1987–0002; FRL–8706–5] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct Final Notice of Deletion 

of the Waste Inc. Landfill Superfund 

Site from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA), Region V is publishing a 

direct final Notice of Deletion of the 

Waste Inc. Landfill Superfund Site 

(Site), located in Michigan City, Indiana, 

from the National Priorities List (NPL). 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is 

Appendix B of 40 CFR part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). This direct final deletion is being 

published by EPA with the concurrence 

of the State of Indiana, through the 

Indiana Department of Environmental 

Management (IDEM), because EPA has 

determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, and fiveyear reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective October 20, 2008 unless EPA 

receives adverse comments by 

September 22, 2008. If adverse 

comments are received, EPA will 

publish a timely withdrawal of the 

direct final deletion in the Federal 

Register informing the public that the 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ–


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SFUND–1987–0002, by one of the 

following methods: 

• E-mail: Dion Novak, Remedial 

Project Manager, at novak.dion@epa.gov 

or Robert Paulson, Community 

Involvement Coordinator, at 

paulson.robert@epa.gov. 

• Fax: Gladys Beard at (312) 886–

4071. 

• Mail: Dion Novak, Remedial Project 

Manager, U.S. Environmental Protection 

Agency (SR–6J), 77 W. Jackson Blvd., 

Chicago, IL 60604, (312) 886–4737, or 

Robert Paulson, Community 

Involvement Coordinator, U.S. 

Environmental Protection Agency (P–

19J), 77 W. Jackson Blvd., Chicago, IL 

60604, (312) 886–0272 or 1–800–621–

8431. 

• Hand delivery: Robert Paulson, 

Community Involvement Coordinator, 

U.S. Environmental Protection Agency 

(P–19J), 77 West Jackson Blvd., Chicago, 

IL 60604. Such deliveries are only 

accepted during the docket’s normal 

hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1987–

0002. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket 

All documents in the docket are listed 

in the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, will be publicly 

available only in the hard copy. Publicly 

available docket materials are available 

either electronically at http:// 

www.regulations.gov or in hard copy at: 

The Regional Office, U.S. 

Environmental Protection Agency, 77 

W. Jackson Blvd., Chicago, IL, official 

hours of business are Monday through 

Friday, 8:30 a.m. to 4:30 p.m., excluding 

Federal holidays. Michigan City Public 

Library, 100 E. Fourth St., Michigan 

City, IN 46360, (815) 939–4564, Monday 

through Thursday, 9 a.m. to 8 p.m., and 

Friday and Saturday, 9 a.m. to 6 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Dion Novak, Remedial Project Manager, 

U.S. Environmental Protection Agency 

(SR–6J), 77 W. Jackson Blvd., Chicago, 

IL 60604, (312) 886–4737, 

novak.dion@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region V is publishing this direct 

final Notice of Deletion of the Waste Inc. 

Landfill (Site) from the National 

Priorities List (NPL). The NPL 

constitutes Appendix B of 40 CFR part 

300, which is the 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 maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Sites on the NPL may be 

the subject of remedial actions financed 

by the Hazardous Substance Superfund 

(Fund). As described in 300.425(e)(3) of 

the NCP, sites deleted from the NPL 

remain eligible for Fund-financed 

remedial actions if future conditions 

warrant such actions. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective October 20, 2008 

unless EPA receives adverse comments 

by September 22, 2008. Along with this 

direct final Notice of Deletion, EPA is 

co-publishing a Notice of Intent to 

Delete in the ‘‘Proposed Rules’’ section 

of the Federal Register. If adverse 

comments are received within the 30- 

day public comment period on this 

deletion action, EPA will publish a 

timely withdrawal of this direct final 

Notice of Deletion before the effective 

date of the deletion, and the deletion 

will not take effect. EPA will, as 

appropriate, prepare a response to 

comments and continue with the 

deletion process on the basis of the 

Notice of Intent to Delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that EPA is using for this action. Section 

IV discusses the Waste Inc. Landfill 

Superfund Site and demonstrates how it 

meets the deletion criteria. Section V 

discusses EPA’s action to delete the Site 

from the NPL unless adverse comments 

are received during the public comment 

period. 

II. NPL Deletion Criteria 

The NCP establishes the criteria that 

EPA 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 such a 

determination pursuant to 40 CFR 

300.425(e), 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; 

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, the taking 

of remedial measures is not appropriate. 

Pursuant to CERCLA section 121(c) 

and the NCP, EPA conducts five-year 

reviews to ensure the continued 

protectiveness of remedial actions 

where hazardous substances, pollutants, 

or contaminants remain at a site above 

levels that allow for unlimited use and 

unrestricted exposure. EPA conducts 

such five-year reviews even if a site is 

deleted from the NPL. EPA may initiate 

further action to ensure continued 

protectiveness at a deleted site if new 

information becomes available that 

indicates it is appropriate. Whenever 

there is a significant release from a site 

deleted from the NPL, the deleted site 

may be restored to the NPL without 


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application of the hazard ranking 

system. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the State of 

Indiana prior to developing this direct 

final Notice of Deletion and the Notice 

of Intent to Delete co-published today in 

the ‘‘Proposed Rules’’ section of the 

Federal Register. 

(2) EPA has provided the State 30 

working days for review of this notice 

and the parallel Notice of Intent to 

Delete prior to their publication today, 

and the State, through the Indiana 

Department of Environmental 

Management, has concurred on the 

deletion of the Site from the NPL. 

(3) Concurrently with the publication 

of this direct final Notice of Deletion, a 

notice of the availability of the parallel 

Notice of Intent to Delete is being 

published in a major local newspaper, 

The LaPorte County News-Dispatch. 

The newspaper notice announces the 

30-day public comment period 

concerning the Notice of Intent to Delete 

the Site from the NPL. 

(4) The EPA placed copies of 

documents supporting the proposed 

deletion in the deletion docket and 

made these items available for public 

inspection and copying at the Site 

information repositories identified 

above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this deletion action, EPA will 

publish a timely notice of withdrawal of 

this direct final Notice of Deletion 

before its effective date and will prepare 

a response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. 

Deletion of a site from the NPL does 

not itself create, alter, or revoke any 

individual’s rights or obligations. 

Deletion of a site 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 

EPA management. Section 300.425(e)(3) 

of the NCP states that the deletion of a 

site from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Site Deletion 

The following information provides 

EPA’s rationale for deleting the Site 

from the NPL: 

A five-year review was completed on 

September 27, 2006, and the review 

concluded that the site remedy was 

protective of human health and the 

environment. The Site has achieved 

cleanup standards. 

Site Background and History 

Site Location 

The Waste Inc. Landfill is located in 

LaPorte County, Indiana, at 1701 East 

U.S. Highway 12 in Michigan City, 

Indiana and the CERCLIS ID is 

IND980504005. The 32-acre site, which 

is comprised of the Waste Inc. and LinSee, Ltd. properties, is bounded by U.S. 

Highway 12 to the northwest, Michigan 

Auto Builders and Sullair Corporation 

to the north and east, Trail Creek to the 

east and south, and Lake Aluminum 

Corporation (property owned by 

Northern Indiana Steel Supply 

Company, Inc.-NISSCO) to the west. 

Site History 

In 1939, prior to its development as a 

landfill, the Site consisted of 

agricultural land with some lowlands. A 

metal salvage and reclamation facility 

on the west side of the Site covered 

most of the wetland area present in 

1939. A small disposal mound was 

located in the north central portion of 

the Site in 1954, and an abandoned 

meander appeared to contain debris. A 

long mound that consisted of debris, fill, 

and scrap metal wastes was located 

along the western perimeter. These 

mounds expanded over time, and 

additional mounding occurred in the 

southeast and southwest portions of the 

site. Portions of the Site were cleared in 

1961 and 1965 to provide parking areas. 

Dis-Pos-All Services Division, a 

division of NISSCO, operated the Site as 

a landfill from 1965 to 1972. NISSCO 

sold its disposal operation to Waste Inc. 

in 1972. Waste Inc. continued to operate 

the landfill until August 1982. The 

current owners of the facility are LinSee Corporation and the County of 

LaPorte, Indiana. 

Dis-Pos-all Services submitted a 

proposal to the Indiana Stream 

Pollution Control Board for operation of 

the landfill in November 1970. Under 

the proposal, the landfill would only 

accept paper, wood, and cardboard, 

with foundry sand used as cover 

material. The Board issued a nonobjection letter to the proposal in 1971. 

Several subsequent inspections by the 

Indiana State Board of Health 

determined that the Site was accepting 

unapproved material for disposal and 

was not properly covering combustible 

material. The Site was ordered closed 

and covered with clay by the Board in 

a letter dated August 18, 1974. 

Waste Inc. submitted an application 

to the Board in May 1975 for 

construction and operation permits. 

Although the application was denied, 

no hearing was held on the Waste Inc. 

appeal of the denial and the site 

continued to operate. An Agreed Order 

was executed between Waste Inc. and 

the Board in May 1981 that set 

conditions for continued operation of 

the landfill. A Consent Order was 

signed in August 1982 that closed the 

Site, but allowed the acceptance of 

foundry sand for disposal and allowed 

Waste Inc. Landfill to begin covering the 

Site with clay. In 1983, in response to 

State of Indiana enforcement actions, a 

Court Order demanded proper closure 

of the site. 

In January 1985, an EPA hazard 

ranking system evaluation of the Site 

resulted in an overall hazard ranking 

score of 50.63. The Site was placed on 

the NPL in 1987. A Remedial 

Investigation/Feasibility Study was 

conducted from March 1987 to 

September 1993, pursuant to a consent 

order with EPA. A Record of Decision 

(ROD) documenting the required 

remedial action was signed on August 

29, 1994. A Unilateral Order was issued 

on December 8, 1995, which became 

effective on January 8, 1996, for 

remedial design/remedial action/ 

operation and maintenance activities. 

Remedial Investigation and Feasibility 

Study (RI/FS) 

The RI found that the principal 

sources of groundwater in the Site area 

are the unconsolidated deposits of 

Quaternary glacial drift. These can be 

divided into four units, including two 

sand and gravel aquifers and two 

confining glacial tills. At the Site, only 

the two shallowest units are present; a 

dune sand aquifer (depth approximately 

17 feet) is underlain by a calcareous 

silty till (approximately 100 feet thick). 

Soil samples collected at the Site were 

found to be contaminated with volatile 

organics up to levels of approximately 

890,000 parts per billion (ppb), semivolatile organics up to levels of 

approximately 6200 ppb, 

polychlorinated biphenols (PCBs) up to 

levels of 4400 ppb, and inorganics up to 

levels of 191,000 ppb. 

Groundwater samples collected at the 

Site were found to be contaminated 

with volatile organics up to levels of 47 

ppb, semi-volatile organics up to levels 

of 53 ppb, and inorganics up to levels 

of 1900 ppb. 

A risk assessment was conducted and 

it was determined that there were 

possible carcinogenic (cancer causing) 

risks from exposure to contaminated 

soils (polynuclear aromatic 

hydrocarbons (PAHs), PCBs and 

arsenic); carcinogenic risks from 


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groundwater ingestion (carcinogenic 

PAHs); non-carcinogenic risks from 

groundwater ingestion (antimony); and 

carcinogenic and non-carcinogenic risks 

from ingestion of fish exposed to Site 

leachate. 

The risk assessment for fish ingestion 

was completed with laboratory studies 

which simulated the exposure of fish to 

Site leachate concentrations. This 

exposure scenario is extremely 

conservative and the potential for 

concentrations of leachate to migrate to 

Trail Creek is no longer possible 

because the leachate collection trench is 

operating as designed and groundwater 

elevation data indicate containment. 

The likelihood that leachate 

concentrations would migrate undiluted 

into Trail Creek before the site remedy 

was implemented was also extremely 

unlikely. The resultant risk calculations 

demonstrated the need for groundwater 

containment at the Site property 

boundary but were never based on 

actual fish sampling, nor was this 

necessary due to the dilution impacts of 

the Creek and the identification of many 

other potential sources of discharge to 

the Creek that would be much more 

significant contributors to any Creek 

contamination issues. 

Record of Decision Findings 

The ROD for the Waste Inc. Landfill 

site was signed on August 29, 1994. The 

major components of the remedy 

selected in the ROD included the 

following: 

(1) Installation of a Subtitle D cap, 

meeting the requirements of 329 Indiana 

Administrative Code (IAC) 2–14–

19(3)(b) and 329 IAC 19(3)(a)–(c). 

(2) Containment of site shallow 

groundwater and leachate via an 

installed collection trench with direct 

discharge to the Sanitary District of 

Michigan City. 

(3) Collection of landfill gas. 

(4) Rerouting the onsite storm sewer. 

(5) Removal of an underground fuel 

storage tank. 

(6) Abandonment of an onsite 

groundwater well. 

(7) Posting of fish advisory signs on 

the site fence along Trail Creek. 

(8) Monitoring of groundwater and 

surface water. 

(9) Implementation of institutional 

controls such as fencing, deed 

restrictions, and groundwater 

monitoring. 

Response Actions 

The final Remedial Action (RA) 

workplan was submitted to EPA on 

August 28, 1996, which divided the 

remedial action into two phases to 

expedite the construction schedule and 

adequately prepare the Site so the 

landfill cover could be constructed 

under optimum conditions. Phase 1 

included construction of various Site 

preparation tasks, in compliance with 

the performance specifications 

presented in the remedial design. These 

tasks were conducted from September 

1996 to April 1997 and included 

clearing/grubbing of the Site, waste 

consolidation around the perimeter of 

the Site, removal of an on-site 

underground storage tank, abandonment 

of a water well and several monitoring 

wells, sliplining the existing concrete 

storm sewer, and installation of the 

leachate/shallow groundwater 

collection system. 

Phase 2 was conducted from April 

1997 to September 1997 and included 

construction of the landfill cover and 

associated landfill gas collection system. 

A pre-final inspection was performed on 

September 17, 1997 with construction 

found to be substantially complete. A 

final inspection was completed at the 

site on October 15, 1997. A Construction 

Completion Report was submitted by 

the Potentially Responsible Parties 

(PRPs) in November 1997 and EPA 

subsequently issued a Preliminary Close 

Out Report on December 18, 1997. 

Cleanup Goals 

The five-year review recommended 

the placement of institutional controls 

on both parcels; and this has been 

completed (Restrictive covenants were 

placed on the Waste Inc. Landfill 

property August 9, 2007 and the Lin-See 

property March 16, 2007). The landfill 

cap has been completed and prevents 

direct human contact with wastes in the 

soil. Confirmatory groundwater 

sampling has determined that the ROD 

goal of containment at the property 

boundary has been achieved. 

The leachate and shallow 

groundwater collection trench is keyed 

into the underlying confining layer so 

that all shallow groundwater and 

leachate are collected by the trench and 

conveyed through dedicated piping to 

the Sanitary District pursuant to a 

permit for direct discharge. The trench 

is effectively containing the migration of 

Site groundwater as is demonstrated by 

the groundwater elevation information 

presented in the final closeout report. 

The District indicates that shallow 

groundwater and leachate sent to the 

District system meets the permit 

requirements for discharge, as outlined 

originally in the Site ROD and 

subsequently updated in permit 

renewals. 

As outlined in the Final Close Out 

Report, a technical memorandum was 

developed that would address 

remediation of the deeper aquifer 

groundwater if monitoring determined 

that contamination was migrating to the 

deeper aquifer. Site monitoring data 

indicates that the contamination is 

confined to the shallow aquifer, which 

is being collected by the leachate trench 

and that there has been no 

contamination found in the deep 

aquifer. Monitoring will continue and if 

deep aquifer contamination is detected, 

the contingency actions in the technical 

memorandum will be implemented. 

This is required by and enforceable 

under the Site consent decree still in 

place for the Site. 

Operation and Maintenance 

Primary activities associated with Site 

Operation Maintenance (O&M), as 

performed by the Site PRP group 

include: 

› Landfill cap maintenance. 

› Groundwater and surface water 

monitoring. 

› Landfill gas monitoring. 

› Surface water controls—control of 

siltation and erosion of the landfill cap. 

› Periodic mowing of the landfill 

cover vegetation. 

› Coordination with the Sanitary 

District to provide leachate and shallow 

groundwater monitoring information to 

ensure that discharge permit conditions 

are satisfied. 

Institutional Controls 

Two of the property owners, Lin-See 

Corporation and LaPorte County, placed 

institutional controls on the parcels at 

the Site (March 16, 2007 and August 9, 

2007, respectively). The institutional 

controls were to restrict land and 

groundwater uses of the site as 

restrictive covenants on both Site 

parcels. These restrictive covenants are 

enforceable by the Site PRPs, EPA, and 

IDEM, and the recorded instruments 

have been filed in LaPorte County. The 

fish advisory signs remain intact on the 

site fencing, as the fish advisory remains 

in effect for the entirety of Trail Creek. 

The signs will remain on the site 

fencing during the Operation and 

Maintenance (O&M) period as required 

by the ROD and Consent Decree (CD). 

The State monitors fish in Trail Creek as 

part of their periodic water quality 

assessment process, and the fish 

advisory will be modified according to 

the normal procedures of the State. As 

stated above, the site shallow 

groundwater and leachate are not 

migrating to Trail Creek so any current 

contamination issues in the Creek are 

the result of other sources. 


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Five-Year Review 

EPA conducted five-year reviews of 

the Site in 2001 and 2006. In the 

reviews, EPA concluded that all 

remedial actions are complete. The next 

five-year review will be conducted in 

2011. The latest five-year review called 

for the placement of restrictive 

covenants on both Site parcels and as 

outlined above, this is complete. The 

review also called for an analysis of the 

impacts of the revised Maximum 

Contaminant Level (MCL) for arsenic on 

the Site remedy. EPA has determined 

that the revised arsenic MCL has limited 

impact on the protectiveness of the Site 

remedy because the goal of the 

groundwater collection at the Site is to 

contain any off-site migration of Site 

groundwater and the only performance 

standard for the collected groundwater 

are the discharge requirements placed 

by the Sanitary District. As the District 

continues to allow discharge from the 

Site without the need for pretreatment 

and the Site groundwater is effectively 

controlled by the collection trench, the 

protectiveness of the Site remedy is not 

impacted by the revised MCL for arsenic 

and this will be further documented in 

the next five-year review. 

Community Involvement 

Public participation activities have 

been satisfied as required in CERCLA 

section 113(k), 42 U.S.C. 9613(k), and 

CERCLA section 117, 42 U.S.C. 9617. 

Documents in the deletion docket which 

EPA relied on for recommendation of 

the deletion of this Site from the NPL 

are available to the public in the 

information repositories, and at 

www.regulations.gov. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The NCP (40 CFR 300.425(e)) states 

that a site may be deleted from the NPL 

when no further response action is 

appropriate. EPA, in consultation with 

the State of Indiana, has determined that 

the responsible parties have 

implemented all response actions 

required. 

V. Deletion Action 

EPA, with concurrence of the State of 

Indiana through the Indiana Department 

of Environmental Management, has 

determined that all appropriate 

response actions under CERCLA (other 

than operation, maintenance, 

monitoring and five-year reviews) have 

been completed. Therefore, EPA is 

deleting the Site from the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective October 20, 2008 

unless EPA receives adverse comments 

by September 22, 2008. If adverse 

comments are received within the 30- 

day public comment period, EPA will 

publish a timely withdrawal of this 

direct final Notice of Deletion before the 

effective date of the deletion, and it will 

not take effect. EPA will prepare a 

response to comments and continue 

with the deletion process on the basis of 

the notice of intent to delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: August 7, 2008 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region V. 

■ For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended under Indiana (IN) by 

removing the site name ‘‘Waste Inc. 

Landfill’’ and the corresponding City/ 

County designation ‘‘Michigan City’’. 

[FR Doc. E8–19256 Filed 8–20–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0008, Notice 3; 

FRL–8706–1] 

National Oil and Hazardous Substance 

Pollution Contingency Plan National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Deletion of the Double 

Eagle Refinery Co. Superfund Site From 

the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 announces the 

deletion of the Double Eagle Refinery 

Co. Superfund Site (Site) located in 

Oklahoma City, Oklahoma, from the 

National Priorities List (NPL). The NPL, 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended, is 

found at Appendix B of 40 CFR part 300 

which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Oklahoma, through the 

Oklahoma Department of Environmental 

Quality, have determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: Effective Date: This action is 

effective August 21, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–SFUND–

1986–0008, Notice 3. All documents in 

the docket are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers and 

viewing hours are: 

U.S. EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

(214) 665–8157, by appointment only 

Monday through Friday 9 a.m. to 12 

p.m. and 1 p.m. to 4 p.m. 

Ralph Ellison Library, 2000 Northeast 

23, Oklahoma City, Oklahoma 73111, 

(409) 643–5979, Monday through 

Wednesday 9 a.m. to 9 p.m., Thursday 

and Friday 9 a.m. to 6 p.m., Saturday 

10 a.m. to 4 p.m. 

Oklahoma Department of Environmental 

Quality (ODEQ), 707 North Robinson, 

Oklahoma City, Oklahoma 73101, 

(512) 239–2920, Monday through 

Friday 8 a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Bartolome Canellas (6SF–RL), Remedial 

Project Manager, U.S. Environmental 

Protection Agency, Region 6, U.S. EPA, 

1445 Ross Avenue, Dallas, Texas 75202, 

(214) 665–6662 or 1–800–533–3508 or 

canellas.bart@epa.gov. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: Double 


sroberts on PROD1PC70 with RULES