[Federal Register Volume 61, Number 81 (Thursday, April 25, 1996)]
[Rules and Regulations]
[Pages 18286-18287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-10100]



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[[Page 18287]]


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5458-9]


National Oil and Hazardous Sustances Contingency Plan National 
Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of deletion of Lee's Lane Superfund Site, Louisville, 
Kentucky from the National Priorities List.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) announces the 
deletion of the Lees Lane Superfund Site in Louisville, Kentucky, from 
the National Priorities List (NPL), which is Appendix B of 40 CFR Part 
300 of the National Oil and Hazardous Substances Contingency Plan 
(NCP). EPA and the Commonwealth of Kentucky have determined that all 
appropriate Fund-financed responses under the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA), as 
amended, have been implemented and that no further cleanup is 
appropriate. Moreover, EPA and the Commonwealth of Kentucky determined 
that response actions conducted at the site to date have been 
protective of public health, welfare, and the environment.

EFFECTIVE DATE: May 1, 1996.

FOR FURTHER INFORMATION CONTACT: Liza Montalvo, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 4, North 
Superfund Remedial Branch, 345 Courtland Street NE., Atlanta, GA 30365, 
(404) 347-7791, extension 2030.

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: Lees 
Lane Landfill Superfund Site, Louisville, Kentucky.
    A Notice of Intent to Delete for this site was published on May 16, 
1988 (SW-FRL-3380-7). A Revised Notice of Intent to Delete was 
published on February 14, 1992 (FRL-4102-6). The closing date for 
comments on the Revised Notice of Intent to Delete was March 16, 1992. 
EPA received two comment letters, one from the Kentucky Resources 
Council (KRC) and the other from the Kentucky Natural Resources and 
Environmental Protection Cabinet (KNREPC). The KRC expressed its 
opposition to the Site's deletion stating that the remedy was not fully 
protective of the environment. EPA responded that the selected remedy 
protected human health and the environment by mitigating human 
exposures to contaminated Site media, and reducing continued 
uncontrolled releases to the environment. The KNREPC stated in its 
letter that the drums of hazardous waste which were discovered and 
removed from the Site in March 1992 by KNREPC were apparently left from 
the original disposal activities but had not been addressed by EPA's 
response action. EPA replied that such drums were likely placed there 
in the months preceding their discovery, and were not left on the Site 
at the close of EPA's response actions, or during the conduct of O&M 
activities. The KRC and the KNREPC expressed in their respective 
letters that the scope of waste disposal activities were never fully 
characterized at the Site. EPA responded that the estimated volume of 
waste buried at the Site was 2,400,000 yd \3\. EPA also explained the 
basis for this estimate, and how the Site was characterized. These 
comments and EPA's responses are documented in more detail in the 
Responsiveness Summary which is available through the EPA Region 4 
public docket located at EPA's Region 4 Office, 345 Courtland, St, 
N.E., Atlanta, Ga., 30365.
    EPA identifies sites that appear to present a significant risk to 
public health, welfare, or the environment and it maintains the NPL as 
the list of those sites. Any site deleted from the NPL remains eligible 
for Fund-financed remedial actions in the unlikely event that 
conditions at the site warrant such action in the future. Section 
300.425(e)(3) of the NCP states that Fund-financed actions may be taken 
at sites deleted from the NPL. Deletion of a site from the NPL does not 
affect responsible party liability or impede agency efforts to recover 
costs associated with response efforts.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: March 25, 1996.
Phyllis P. Harris,
Acting Regional Administrator, USEPA Region 4.
    For the reasons set out in the preamble, 40 CFR part 300 is amended 
as follows:

PART 300--[AMENDED]

    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 by removing the 
site Lees Lane Landfill, Louisville, Kentucky.

[FR Doc. 96-10100 Filed 4-24-96; 8:45 am]
BILLING CODE 6560-50-P