[Federal Register Volume 64, Number 165 (Thursday, August 26, 1999)]
[Proposed Rules]
[Pages 46632-46634]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21939]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6427-6]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Neal's Dump 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 Neal's Dump 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 responses under CERCLA have been 
implemented by the responsible party and U.S. EPA, in consultation with 
the State of Indiana, 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 September 27, 1999.

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

[[Page 46633]]

repository located at: The Monroe County Public Library, 303 E. 
Kirkwood, Bloomington, IN 47408 or The Monroe County Public Library-
Elletsville Branch, 600 West Temperance, Ellettsville, IN. 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: Thomas Alcamo at (312) 886-7278 (SR-
6J), Remedial Project Manager or Gladys Beard Associate Remedial 
Project Manager, Superfund Division (SR-6J), U.S. EPA, Region V, 77 W. 
Jackson Blvd., Chicago, IL 60604, (312) 886-7253 or Derrick Kimbrough 
(P-19J), Office of Public Affairs, U.S. EPA, Region V, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 886-9749.

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 (U.S. EPA) Region V 
announces its intent to delete the Neal's Dump 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 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 document in the Federal Register.
    Section II of this document 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 non-time Critical Removal Actions or 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 
Sec. 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 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 Neal's Dump site is approximately one-half acre in size and is 
located in southeast Owen County, Indiana. The site was owned by Ray 
Neal between 1967 and 1971, and closed in 1971. Richard Neal, son of 
Ray Neal, was the transporter to Neal's Dump of capacitors filled with 
polychlorinated biphenyl (PCB) containing oil, PCB oil stained rags and 
PCB contaminated sawdust from the former Westinghouse facility on Curry 
Pike in Bloomington, Indiana. The site is currently owned by Betty 
White. In November 1980, the U.S. EPA inspected the site and discovered 
exposed capacitors, some which were leaking oil. Soil samples showed 
PCBs as high as 188,000 parts per million.
    In May 1982, the U.S. EPA's Field Investigation Team collected 6 
soil samples on the Neal's Dump site and discovered PCB levels ranging 
from 0.41 ppm to 19,000 ppm. In addition, in June 1982, a magnetometer 
survey to determine the site boundaries along with the installation of 
4 monitoring wells were completed. By September 1982, a monitoring well 
program was implemented and a residential survey as to well water usage 
was also completed. Based upon the data collected at the site, Neal's 
Dump was estimated to contain 14,000 cubic yards of contaminated 
material. The site was listed on the National Priorities List (NPL) on 
June 10, 1986.
    In December 1983, CBS Corporation implemented a removal action 
which included the following:
     Removal of 46 exposed capacitors, capacitor paper and some 
soils in close proximity of the exposed capacitors. Approximately 60 
capacitors were reburied at two locations within the dump.
     Seeding of disturbed areas so that a full coverage of 
vegetative growth as established and maintained.
     Implementation of erosion control measures including 
erosion control fences.
     Placement of a chain-link security fence around the site 
to restrict access and posting of warning signs.
    On January 4, 1983, the United States filed a civil action against 
Westinghouse, now known as CBS, pursuant to section 7003 of the 
Resource Conservation and Recovery Act (RCRA) and sections 104, 106, 
and 107 of CERCLA, alleging an imminent and substantial endangerment to 
human health or the environment due to improper disposal of 
Polychlorinated Biphenyl (PCBs) at two sites in the Bloomington area. 
During the fall of 1983, CBS expressed its interest in negotiating a 
settlement of that suit as well as a civil action filed by the City of 
Bloomington for improper PCB disposal at two of the sites owned by the 
City. After negotiations among CBS,

[[Page 46634]]

U.S. EPA, the City of Bloomington, Monroe County, and the Indiana State 
Board of Health, (hereinafter collectively referred to as the 
``Parties'') a Consent Decree was signed in 1985 and subsequently 
entered by the court on August 22, 1985, for the cleanup of Neal's 
Dump. The Consent Decree called for the construction of a permitted, 
Toxic Substances Control Act municipal (TSCA) approved, solid waste 
fired incinerator to be used to destroy PCB contaminated material 
excavated from Neal's Dump.
    In 1994, the parties agreed to jointly explore, alternatives to the 
incineration remedy required by the Consent Decree. In November 1997, 
Federal Judge Hugh Dillin issued a judicial order stating that the six 
Consent Decree sites must be remediated by December 1999 and assigned 
Magistrate Judge Kennard Foster to oversee the progress of the parties 
toward meeting the December 1999 deadline. On February 1, 1999, Judge 
Dillin issued an order directing that the Consent Decree parties have 
until December 31, 1999 to complete the source control remedies for the 
Consent Decree sites.
    After discussions with governmental parties, and under court 
supervision, the U.S. EPA issued a Proposed Plan for the Neal's Dump 
site on August 23, 1998. After addressing public comments, on October 
16, 1998 the U.S. EPA signed a Record of Decision (ROD) Amendment for 
the Neal's Dump site. The ROD Amendment modified the August 3, 1984, 
Enforcement Decision Document (EDD). The ROD Amendment called for the 
following:
     Excavation of the site soils to residential/high occupancy 
PCB cleanup standards with disposal of the soils in a off-site, 
permitted Toxic Substances Control Act/chemical waste landfill.
     Off-site incineration in a permitted, TSCA approved, 
incinerator of all capacitors containing PCB oil.
     Placement of a minimum of a 10-inch soil cover over the 
excavated areas and implementation of drainage controls, including 
providing a vegetative cover.
     Implementation of deed restrictions for the site.
     Monitoring groundwater surrounding the site for a minimum 
of five years.

Remedial Construction Activities

    CBS began excavating PCB contaminated soil/material on September 
29, 1998, after approval by the governmental parties of the RD/RA Work 
Plan. A total of 7,250 tons of PCB contaminated material was disposed 
of at Wayne Disposal in Belleville, Michigan. In addition, 2,430 
capacitors, which weighed approximately 250,000 pounds and filled with 
PCB oil were incinerated at ChemWaste in Port Arthur, Texas. The U.S. 
EPA, the State of Indiana, and Monroe County performed oversight of the 
CBS activities at the Neal's Dump site.
    As described in the ROD Amendment, CBS was required to meet a 10 
ppm PCB average concentration in the soils. Excavated areas were then 
covered with a 10-inch soil cover. CBS completed a magnetometry study 
along with soil borings for PCB analysis around the dump to verify the 
site boundaries. Verification sampling by CBS after the excavation was 
completed showed that residual PCBs was well under the cleanup 
standard, at 0.8 ppm on average. The U.S. EPA split 20 verification 
samples for PCBs with CBS and the results were similar to CBS's 
sampling. In addition, the U.S. EPA analyzed for volatiles, semi-
volatiles and metals in 7 samples and the results showed no additional 
risk. To assure that fill and final soil cover was free of 
contamination, CBS completed sampling of the two borrow areas for PCBs 
and pesticides.
    CBS completed construction of the site on November 17, 1998, 
excluding final placement of topsoil, and the U.S. EPA completed the 
pre-final inspection on November 20, 1998. CBS Corporation completed 
the final site grading and seeding and the final inspection was 
completed on June 8, 1999. CBS has also filed deed restrictions with 
Owen County.
    CBS has developed a groundwater monitoring plan to conduct 
groundwater monitoring until the Five-Year Review is completed. 
Groundwater monitoring in the proposed monitoring wells have shown low 
levels of PCBs, but under the maximum contaminant level (MCL) for PCBs. 
By completely removing the source material, the U.S. EPA expects no 
additional action for groundwater. At the Five-Year review, the U.S. 
EPA will make a determination if the groundwater monitoring will 
continue.

Community Relations Activities

    The Consent Decree sites in and near Bloomington, Indiana, have 
been the object of considerable public interest. The Region's community 
relations staff conducted an active campaign to ensure that the 
residents were well-informed about the activities at the Neal's Dump 
site. Activities included meeting every 4 to 6 weeks with the Citizens 
Information Committee to discuss the Consent Decree sites, including 
Neal's Dump. These meetings are broadcast over the local cable 
television station.

Conclusion

    No hazardous substances remain at the site above health based 
levels. Historical groundwater monitoring has shown PCBs to be present 
and CBS Corporation is required to monitor groundwater semi-annually 
until the Five-Year review. At the Five-Year review, the U.S. EPA will 
determine if groundwater monitoring will continue.
    U.S. EPA, with concurrence from the State of Indiana has determined 
that all appropriate Fund-financed responses under CERCLA at the Neal's 
Dump Superfund Site have been completed, and no further CERCLA response 
is appropriate in order to provide protection of human health and the 
environment. Therefore, U.S. EPA proposes to delete the Site from the 
NPL.

    Dated: August 17, 1999.
Francis X. Lyons,
Regional Administrator, Region V.
[FR Doc. 99-21939 Filed 8-25-99; 8:45 am]
BILLING CODE 6560-50-P