[Federal Register Volume 62, Number 175 (Wednesday, September 10, 1997)]
[Proposed Rules]
[Pages 47619-47621]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-23691]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5886-1]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Bowers Landfill Superfund Site 
from the national priorities list; request for comments.

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SUMMARY: The United States Environmental Protection Agency (U.S. EPA) 
Region V announces its intent to delete the Bowers Landfill 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 U.S. 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 U.S. EPA, because it 
has been determined that all Fund-financed responses under CERCLA have 
been implemented and U.S. EPA, in consultation with the State of Ohio, 
has determined that no further response is appropriate. Moreover, U.S. 
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 the site from the 
NPL may be submitted on or before October 10, 1997.

ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial 
Project Manager, Superfund Division, U.S. EPA, Region V, 77 W. Jackson 
Blvd. (SR-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: Pickaway County District Public Library 165 E. 
Main St., Circleville, OH 43113. Requests for comprehensive copies of 
documents should be directed formally to the Region V Docket Office. 
The address and phone number for the Regional Docket Officer is Jan 
Pfundheller (H-7J), U.S. EPA, Region V, 77 W. Jackson Blvd., Chicago, 
IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Gladys Beard (SR-6J), Associate 
Remedial Project Manager, Superfund Division, U.S. EPA, Region V, 77 W. 
Jackson Blvd., Chicago, IL 60604, (312) 886-7253 or Leo Rosales (P-
19J), Office of Public Affairs, U.S. EPA, Region V, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 353-6198.

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 Bowers Landfill 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 
Sec. 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 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 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 considers, 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 
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 the U.S. EPA Region V Office to

[[Page 47620]]

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

    Bowers Landfill is located in rural Pickaway County, Ohio, 
approximately 2.5 miles north of the City of Circleville. The site is 
just northwest of the intersection of Circleville-Florence Chapel Road 
and Island Road, on the east side of the Scioto River Valley. The 
landfill lies within the Scioto River floodplain, and its northwestern 
and southern most points abut the Scioto River. The north side of the 
landfill is bordered by an agricultural field. The field to the west of 
the landfill is now a wetlands area.
    The landfill occupies about 12 acres of a 202-acre tract originally 
owned by the estate of Dr. John M. Bowers. Much of this tract is still 
owned by the Bowers' estate, but portions have been sold to other 
owners. The landfill was constructed as a berm approximately 3,500 feet 
long with an average width of 125 feet and a top height approximately 
10 feet above grade. The reported waste volume of the landfill was 
approximately 130,000 cubic yards. Site records, although limited, 
indicated that some of the waste disposed in the landfill was 
hazardous. The landfill is no longer overtopped by flood waters. During 
construction, the height of the landfill was raised to prevent the 
overtopping of the landfill. The area around the landfill, including 
the field north of the landfill and the wetlands to the west are 
flooded several times per year. Drainage is still to the west and south 
towards the Scioto River.
    The site area is rural, with 15 houses located within a \1/2\ mile 
radius of the landfill. Houses in the area largely depended on private 
wells for water supply. No down gradient wells were within 1000 feet of 
the site. The City of Circleville's water supply wells are located 
about 1\1/2\ miles south of the site. The domestic wells have been 
sampled and no contamination has been found.
    Dr. Bowers began operating the landfill in 1958. Little information 
is available on the types and quantities of wastes disposed of at 
Bowers Landfill. However, information from the Ohio Environmental 
Protection Agency (OEPA) files indicates that general domestic waste 
and industrial refuse, collected by private haulers in and around 
Circleville, account for most of the material in the landfill. Between 
1963 and 1968, the site also received chemical wastes originating from 
local industries, including E.I. Du Pont de Nemours (Du pont) and 
Pittsburgh Plate Glass, Inc., now PPG Industries, Inc., (PPG). Du pont 
and PPG reported sending 6,000 and 1,700 tons of waste, respectively, 
to Bowers Landfill between 1965 and 1968. Both companies were 
considered potentially responsible parties (PRP) for contamination at 
the landfill. Waste disposal practices consisted largely of dumping 
waste directly onto the ground and covering it with soil. However, the 
southern end of the landfill may have been excavated for waste 
disposal. Waste also was burned at the site, but the extent and dates 
of waste burning were not known. Landfilling at the site ended around 
1968. The site was not secured when landfilling ended, and the cover 
material of sand, gravel, and some topsoil was characterized as not 
sufficient during a 1971 inspection by the Pickaway County Health 
Department.
    Between 1980 and 1982, U.S. EPA, OEPA and an engineering firm 
(Burgess & Niple, Limited, Columbus, Ohio) collected ground-water and 
surface water samples at Bowers Landfill. Results from these early 
samples showed that contaminants were being released from the landfill. 
Volatile organic compounds (VOC), including ethylbenzene, toluene, and 
xylene, were detected in monitoring wells and in surface water samples 
collected immediately west of the landfill. Groundwater concentrations 
as high as 86 mg/L (xylene) and surface water concentrations as high as 
48 mg/L (toluene) were found. Based on these results, OEPA requested in 
1982, that Bowers Landfill be placed on the National Priorities List 
(NPL) of Superfund sites, the site was proposed December 30, 1982, and 
the site was added to the NPL on September 8, 1983.
    In 1985, U.S. EPA and OEPA signed a consent order with Du Pont and 
PPG, allowing the companies to conduct the remedial investigation (RI) 
and feasibility study (FS). After reviewing the results of these 
studies and of the endangerment assessment (EA), U.S. EPA issued a 
Record of Decision (ROD) for Bowers Landfill on March 31, 1989.
    The U.S. EPA ROD selected capping of the landfill as the remedial 
action for Bowers Landfill. This action included six major components:
    1. Removing surface debris and vegetation from the landfill.
    2. Installing a low-permeability clay cover on the landfill.
    3. Constructing erosion control measures and drainage improvements.
    4. Restricting site access and use.
    5. Maintaining the clay cover after construction.
    6. Monitoring ground water and surface water.
    In addition to the above components, a seventh component, a gas 
venting system was a part of the remedial design. The gas venting 
system was added to the remedial design because methane gas was 
detected during a pre-design soil gas survey at Bowers Landfill. U.S. 
EPA issued a work assignment to PRC (government contractors) on January 
22, 1990, to perform the Remedial Design at the Bowers Landfill Site. 
The Design was completed in August 1991. PRC received the work 
assignment to perform the Remedial Action in September 1991. Remedial 
Action construction started in March 1992. As required by the ROD, the 
cover system for the Bowers Landfill was constructed to:
    1. Minimize risk to public health and environmental from direct 
contact with contaminated material.
    2. Minimize the migration of liquids through the closed landfill.
    3. Minimize maintenance of the landfill site.
    4. Promote drainage and minimize erosion of the cover.
    5. Provide a maximum permeability of 1 x 10-7 cm/sec.
    The first year of operation and maintenance (O&M) was overseen/
conducted by U.S. EPA. The PRPs agreed to do the groundwater monitoring 
for the first year, with U. S. EPA's contractor, PRC, responsible for 
conducting the remaining tasks.
    The specific tasks that were listed for the 30 years of operation 
and maintenance are as follows: (1) Gas monitoring, (2) ground and 
surface water monitoring, (3) maintenance of the landfill cap, (4) site 
inspections, and (5) repairs.
    Beginning with the second year of O&M, the PRPs signed a consent 
decree with the State of Ohio in September 1996 to do all post-
construction activities at the site. Early in the second year, the 
PRP's contractor abandoned Monitoring Well P15B. A bailer was caught at 
the bottom of the well. This well was replaced by Monitoring Well 
P15BR.
    Groundwater sampling has been conducted on a quarterly basis. Gas 
monitoring has been done on a quarterly basis for methane and on a 
semi-annual basis for VOCs. Surface water is sampled a minimum of twice 
a year in the southern end of the ditch and once per year in each of 
the two wetlands ponds.

[[Page 47621]]

    Based on the observations and inspections made during construction, 
the final survey data, photographic documentation, and quality 
assurance testing, PRC was able to certify that the landfill cover and 
all associated remedial construction had been completed in accordance 
with the design drawings and specifications, and is in compliance with 
the ROD signed by the Regional Administrator for Region 5 dated March 
31, 1989.
    Ground and surface water quality has not been diminished. No VOCs 
or semi-volatile organic compounds (SVOCs) have been detected in the 
first three sampling events of the second year of groundwater sampling. 
Barium continues to be detected in Monitoring Well P-5B, and sometime 
is above the MCL (maximum contaminant level). Nine downgradient 
monitoring wells contain one or more metals that are statistically 
significant.
    Analytical data has been entered into the GRITS/STAT computer 
program and a statistical analysis was completed using a non-parametric 
analysis of variance (ANOVA) using the Kruskal-Wallace Test. Results 
from upgradient monitoring wells are compared to the results in 
downgradient monitoring wells to determine which downgradient wells 
show evidence of statistically significant levels of analytes.
    The results of the comparison at Bowers Landfill indicated that 
several inorganic parameters are reported by GRITS/STAT as being 
statistically elevated with respect to background. Most of these 
parameters do not have primary MCLs. Barium has exceeded its MCL during 
some sampling events.
    The nine monitoring wells with statistically significant sampling 
results have had comparable results in the past. No action is needed 
because no apparent threat exists.
    There have been no significant surface water detections.
    EPA, with concurrence from the State of Ohio, has determined that 
all appropriate Fund-financed responses under CERCLA at the Bowers 
Landfill Superfund Site have been completed, and no further CERCLA 
response is appropriate in order to provide protection of human health 
and the environment. Therefore, EPA proposes to delete the site from 
the NPL.

    Dated: August 21, 1997.
Michelle D. Jordan,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 97-23691 Filed 9-9-97; 8:45 am]
BILLING CODE 6560-50-P