[Federal Register Volume 60, Number 182 (Wednesday, September 20, 1995)]
[Proposed Rules]
[Pages 48682-48684]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-23319]



-----------------------------------------------------------------------

[[Page 48683]]



ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5299-4]


National Oil and Hazardous Substances Pollution Contingency Plan 
National Priorities List

AGENCY: The Environmental Protection Agency.

ACTION: Notice of Intent to Delete the Arkansas City Dump Site from the 
National Priorities List (NPL): Request for Comments.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region VII announces 
its intent to delete the Arkansas City Dump Site from the NPL and 
requests public comment on this action. The NPL constitutes Appendix B 
of 40 CFR Part 300 which is the National Oil and Hazardous Substances 
Pollution Contingency Plan (NCP), which EPA promulgated pursuant to 
Section 105 of the Comprehensive Environmental Response, Compensation 
and Liability Act of 1980 (CERCLA), as amended. This action, to delete 
the site from the NPL, is proposed because the EPA has completed the 
Superfund remedial action at this site.

DATES: Comments concerning this action may be submitted by October 20, 
1995.

ADDRESSES: Comments to be considered by EPA in this decision should be 
mailed to: David V. Crawford, Remedial Project Manager, Superfund 
Division, U.S. Environmental Protection Agency/Region VII, 726 
Minnesota Avenue, Kansas City, Kansas 66101.

FOR FURTHER INFORMATION CONTACT: David Crawford at (913) 551-7702.

SUPPLEMENTARY INFORMATION: Comprehensive information on this site is 
available for public review in the Docket prepared by EPA, which 
contains the documents and information EPA reviewed in the decision to 
delete this site from the NPL. The Docket is available for public 
review during normal business hours at the EPA Region VII Docket Room 
at the above address and at the Public Library, 125 East Fifth Avenue, 
Arkansas City, Kansas 67005. To obtain copies of documents in the 
Docket or in the EPA Administrative Record or for additional 
information, contact: David V. Crawford, Remedial Project Manager, 
Superfund Division, U.S. Environmental Protection Agency/Region VII, 
726 Minnesota Avenue, Kansas City, Kansas 66101.

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Bibliography

    Section I is an introduction providing background information about 
this site. Section II of this notice explains the criteria for deleting 
sites from the NPL. Section III discusses the procedures for deleting 
sites from the NPL. Section IV discusses how the site meets the NPL 
deletion criteria. Section V lists references and sources of 
information.

I. Introduction

    The Environmental Protection Agency (EPA) Region VII announces its 
intent to delete the Arkansas City Dump Site in Arkansas City, Kansas 
from the National Priorities List (NPL), which constitutes Appendix B 
of the NCP, and requests comments on this action.
    The EPA identifies sites which may 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 Substances Superfund Response Trust 
Fund or by responsible parties. Pursuant to the NCP at 40 CFR 
300.425(e)(3), any site deleted from the NPL remains eligible for Fund-
financed actions if conditions at the site ever warrant.
    The EPA will accept comments concerning the proposal to delete the 
Arkansas City Dump Site from the NPL for thirty (30) calendar days 
after publication of this notice in the Federal Register.

II. NPL Deletion Criteria

    The NCP established the criteria that the Agency uses to delete 
sites from the NPL. In accordance with the NCP at 40 CFR 300.425(e), 
sites may be deleted from the NPL where no further response is 
appropriate. In making this determination, EPA will consider whether 
any of the following criteria have been met:
    (i) EPA, in consultation with the State, has determined that 
responsible parties or other parties have implemented all appropriate 
response actions required; or
    (ii) All appropriate Fund-financed responses under CERCLA have been 
implemented and EPA, in consultation with the State, has determined 
that no further cleanup is appropriate; or
    (iii) Based upon a remedial investigation, EPA, in consultation 
with the State, has determined that the release poses no significant 
threat to public health, welfare or the environment, and, therefore, 
remedial measures are not required.
    In addition to the above, for all remedial actions which result in 
hazardous substances, pollutants or contaminants remaining at the site 
above levels that allow for unlimited use and unrestricted exposure, 
EPA will reassess the continued adequacy and protectiveness of the 
remedial actions periodically, and no less than once every five years. 
The EPA expects to conduct five-year reviews on the remedial action 
completed on the Arkansas City Dump Site even after this site has been 
deleted from the NPL.

III. Deletion Procedures

    In the NPL rule-making published on October 15, 1984 (49 FR 40320), 
the Agency solicited and received comments on whether the notice of 
comment procedures following for adding sites to the NPL should also be 
used before sites are deleted. The NCP, at 40 CFR 300.425(e)(4) and (5) 
directs that the same Federal Register notice procedures for placing 
sites on the NCP will be used for deleting sites from the NPL.
    This Federal Register notice is EPA's notice of its intent to 
delete the Arkansas City Dump Site from the NPL. The EPA will accept 
comments from the public on this proposal for a period of thirty (30) 
calendar days beginning today, the date of this notice in the Federal 
Register. The EPA will address all significant comments received on 
this proposal in a Responsiveness Summary, which EPA will place in the 
Docket on this decision. After considering these comments, if EPA 
decides to proceed with the deletion of the Arkansas City Dump Site 
from the NPL, EPA will publish another notice in the Federal Register 
recording this decision.

IV. Basis for Intended Site Deletion

    The EPA has completed a final remedy remedial action at this site. 
The remedial action was implemented by EPA using the Hazardous 
Substances Response Trust Fund, because financially viable and liable 
potentially responsible parties could not be identified.
    The remedial action consisted of treating the acidic sludges with 
cement kiln dust and lime to eliminate the acidity of the sludge. All 
acidic sludge above the water table was treated, capped on the site, 
and seeded with vegetation to minimize erosion. The site was then 
posted with warning no-trespassing signs.
    The EPA also completed the first year of operation and maintenance 
(O&M) for the remedial action in November 1993. The O&M then became the 
responsibility of the State of Kansas. 

[[Page 48684]]

    The EPA, in consultation with the State of Kansas, has determined 
that a final remedy has been successfully completed by EPA at this 
site. In consultation with the State of Kansas, EPA has further 
determined that these remedial actions continue to be protective of 
public health, welfare and the environment, thereby satisfying Deletion 
Criteria ``ii'' above.

V. Bibliography

    Remedial Investigation/Feasibility Study Reports, Kansas Department 
of Health and Environment.
    U.S. EPA Operable Unit Record of Decision, September 29, 1988.
    U.S. EPA Explanation of Significant Difference, May 25, 1990.
    U.S. EPA Proposed Plan, August 1989.
    U.S. EPA Final Record of Decision, September 19, 1989.
    Community Relations Plan, May 22, 1981.
    Fluor Daniel, Inc. (EPA contractor) Final Report, Remedial Action 
Implementation, Arkansas City Dump Site, February 1994.
    U.S. EPA Superfund Site Closeout Report, August 1995.
    Superfund State Contract, September 6, 1991.

    Dated: August 31, 1995.
Gale Hutton,
Acting Regional Administrator.
[FR Doc. 95-23319 Filed 9-19-95; 8:45 am]
BILLING CODE 6560-50-P