[Federal Register Volume 65, Number 218 (Thursday, November 9, 2000)]
[Rules and Regulations]
[Pages 67280-67282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-28514]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6898-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final deletion of the Superfund Site from the National 
Priorities List (NPL).

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SUMMARY: EPA Region 5 announces the deletion of the Ilada Energy 
Company Site (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 Substance 
Pollution Continency Plan (NCP), which EPA promulgated pursuant to 
section 105 of the Comprehensive Environmental Response, Compensation 
and Liability Act of 1980, as amended, (CERCLA). EPA and the Illinois 
Environmental Protection Agency (IEPA) have determined that the Site 
poses no significant threat to public health or the environment and, 
therefore, further remedial measures pursuant to CERCLA are not 
appropriate.

DATES: This ``direct final'' action will be effective January 8, 2001, 
unless EPA receives dissenting comments by December 11, 2000. If 
written dissenting comments are received, EPA will publish a timely 
withdrawal of the rule in the Federal Register informing the public 
that the rule will not take effect.

ADDRESSES: Comments may be mailed to Jon Peterson, Remedial Project 
Manager, or Gladys Beard, Associate Remedial Project Manager, U.S. 
Environmental Protection Agency, Superfund Division, U.S. EPA, Region 
5, 77 W. Jackson Blvd., (SR-6J), Chicago, IL 60604. Requests for 
comprehensive information on this Site is available through the public 
docket which is available for viewing at the Site Information 
Repositories at the following locations: U.S. EPA Region 5, 
Administrative Records, 77 W. Jackson Blvd., Chicago, IL 60604, 
Illinois Environmental Protection Agency, 1021 North Grand Avenue East, 
Springfield, Illinois 62794 and Cape Girardeau Public Library, 711 N. 
Clark, Cape Girardeau, MO 63701.

FOR FURTHER INFORMATION CONTACT: Jon Peterson at (312) 353-1264, email 
[email protected] or Gladys Beard (SR-6J), U.S. Environmental 
Protection Agency, 77 W. Jackson, Chicago, II, (312) 886-7253, FAX 
(312) 886-4071, e-mail [email protected]

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion
V. Action

I. Introduction

    The Environmental Protection Agency (EPA) Region 5 announces the 
deletion of the Ilada Energy Company Site, East Girardeau, Illinois 
from the National Priorities List (NPL), appendix B of the National Oil 
and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 
300. 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 these sites. EPA and the State of Illinois have determined that 
the remedial action for the Site has been successfully executed. EPA 
will accept comments on this action for thirty days after publication 
of this action in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses the procedures that EPA is using 
for this action. Section IV discusses the history of the Ilada Energy 
Company Site and explains how the Site meets the deletion criteria. 
Section V states EPA's action to delete the Site from the NPL unless 
dissenting comments are received during the comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that Sites may be deleted 
from, or recategorized on the NPL where no further response is 
appropriate. In making a determination to delete a Site from the NPL, 
EPA shall consider, in consultation with the state, whether any of the 
following criteria has 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, taking of remedial measures is not appropriate.
    Even if the Site is deleted from the NPL, where hazardous 
substances, pollutants, or contaminants remain at the Site above levels 
that allow for unlimited use and unrestricted exposure, EPA's policy is 
that a subsequent review of the Site will be conducted at least every 
five years after the initiation of the remedial action at the Site to 
ensure that the Site remains protective of public health and the 
environment. In the case of this Site, EPA will conduct a Five-Year 
Review in the year of 2005. As explained below, the Site meets the 
NCP's deletion criteria (i) listed above. If new information becomes 
available which indicates a need for further action, EPA may initiate 
remedial actions. Whenever there is a significant release from a site 
deleted from the NPL, the site shall be restored to the NPL without the 
application of the Hazard Ranking System (HRS).

III. Deletion Procedures

    The following procedures were used for the intended deletion of the 
Site:
    (1) All appropriate responses under CERCLA have been implemented 
and no further action by EPA is appropriate; (2) The State has 
concurred with the proposed deletion decision; (3) A notice has been 
published in the local newspaper and has been distributed to 
appropriate federal, state, and local officials and other interested 
parties announcing the commencement of a 30-day dissenting public 
comment period on EPA's Direct Final Action to Delete; and, (4) All 
relevant documents have been made available for public review in the 
local Site information repositories. EPA is requesting only dissenting 
comments on the Direct Final Action to Delete.
    For deletion of the Site, EPA's Regional Office will accept and 
evaluate public comments on EPA's Final Notice before making a final 
decision to delete. If necessary, the Agency will prepare a 
Responsiveness Summary, responding to each significant comment 
submitted during the public comment period. Deletion of the Site from 
the NPL does not itself create, alter, or revoke any individual's 
rights or obligations. The NPL is designed primarily for informational 
purposes and to assist Agency management. As mentioned in section II of 
this document, Sec. 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.

[[Page 67281]]

IV. Basis for Intended Site Deletion

    The following site summary provides the Agency's rationale for the 
proposal to delete this Site from the NPL.

Site Background and History

    The Ilada Energy Company site (the ``Site'') encompasses 
approximately 17 acres in southern Illinois, south of the town of East 
Cape Girardeau in the northwest quadrant of Section 32, Township 14 
South, Range 3 West. The surrounding area is utilized primarily for 
agricultural purposes. Farmland borders the Site to the northeast, but 
the remainder is owned by the US Forest Service and used for 
silviculture. The area is relatively flat with a ground surface 
elevation of approximately 330 feet above mean sea level. The Site is 
located within the 100-year floodplain of the Mississippi River on the 
``dry'' side of the 20-foot high flood control levee which is located 
immediately to the south of the Site. A 200-foot wide slough was formed 
along the south toe of the levee as a result of borrowing material for 
its construction. This area is swampy during the wet season 
(approximately Fall through Spring) supporting riparian vegetation 
consisting of cattails and other aquatic plants. The quarter-mile wide 
strip between the river and the slough comprises wooded areas, dense 
brush and ground vegetation, and patches of overgrown, idle cropland.
    The main portion of the Site is surrounded by a locked chain-link 
fence to restrict access. Prior to the removal action, there were seven 
structures and twenty-two bulk oil tank and numerous underground 
pipelines. All were removed from the Site along with the tank contents 
and the grossly contaminated, on Site soil. The Site is overgrown 
yearly with native grasses and weeds.
    The Site originally consisted of a tank farm built for the U. S. 
Department of War (DOW) in 1942. The location was selected to take 
advantage of access provided by the Mississippi River. The facility was 
operated by Allied Oil Terminal Company as a bulk fuel oil storage/
transfer terminal until the early or mid-1950's. Transfer piping ran 
across the levee towards the river.
    After Allied Terminal ceased using the facility in the mid-1950's, 
the Site sat idle until purchased by the Kara Oil Company in 1979. In 
1982, it was assigned to Larry Wilson of the Ilada Energy Company 
(Ilada).
    From 1981 to 1983, Ilada operated the tank farm as a waste oil 
reclamation facility. Additional tanks and structures were added to the 
facility in that time period.
    Several inspections of the then operating facility were conducted 
by the Illinois EPA and the USEPA in 1982 and 1983. These inspections 
revealed that Ilada was improperly storing, handling, mixing, and 
disposing waste oils contaminated with PCBs. Ilada and the USEPA 
entered into a consent decree in January 18, 1983. This decree ordered 
Ilada to remove PCB-contaminated materials and cease handling hazardous 
materials and waste. Among other actions, the order required the 
removal of PCB-contaminated materials in accordance with Toxic 
Substance Control Act (TSCA). It also required Ilada to close all 
activities relating to the receipt, transportation, storage, handling, 
use and disposal of PCBs, chemicals, and other wastes. Later in 1983, 
the boiler was removed by Ilada as well as some pumps and related 
equipment from the pump house, and office and laboratory equipment were 
removed from the Office Building. In 1986, the Illinois EPA installed 
six groundwater monitoring wells on the Site. The Site was subsequently 
proposed for inclusion on the National Priorities List (NPL) pursuant 
to section 105 of CERCLA on June 24, 1988. The listing of the Site on 
the NPL was finalized on October 4, 1989. Site visits in 1989 indicated 
spillage and leakage of oils on the ground near several tanks and tank 
valves. Ilada failed to remove any of the PCB waste. After Ilada's 
failure to perform the required actions, a Unilateral Order was issued.
    In 1989, a Unilateral Administrative Order was issued pursuant to 
section 106 of CERCLA to remove PCB materials from the Site. As a 
result of the section 106 Order, four of the companies included as PRPs 
formed the Ilada Energy Company--East Cape Girardeau Group. These 
companies included Shell Oil Company, Metal Container Corporation, 
Granite City Steel Division of National Steel, and Emerson Electric 
Company. The group was then ordered to initiate a Remedial 
Investigation (RI) to determine the source, nature and extent of the 
contamination at the Site following the removal action.
    The RI was finalized and approved by Illinois EPA in April of 1999. 
The Human Health Baseline Risk Assessment (HHRA) and Ecological Risk 
Assessment (ERA) were finalized and approved by Illinois EPA in July of 
1999.
    All structures used by Ilada Energy, including foundations, tanks, 
above ground and buried pipelines (including those south of the levee), 
debris, and grossly contaminated soils were removed as part of the 
August 7, 1992, removal action. The only remnants of the tank farm are 
the repaired seven-foot high perimeter fence, roads, subdued remnants 
of the six berms around the tank areas, and the former site production 
water well. Nearly all of the brush and trees were removed during the 
removal action. Weeds and brush have re-established a vegetative cover 
since completion of site activities.
    With the exception of a localized pool of subsurface aviation 
gasoline, no continuing source of constituents associated with site 
operations remains on the Site. The lateral extent of this pool has 
been fully delineated and is confined to an area of about 50 by 75 
feet. This pool was observed in one monitoring well, D12. Subsurface 
investigation in the area of D12 revealed that the pool is 
discontinuous and is not present as a contiguous pool of mobile liquid 
floating on the groundwater. All other materials and potential sources, 
including grossly contaminated surficial soils, were removed during the 
removal action.
    The 1999 RI report yielded information regarding the nature and 
extent of the contamination remaining at the Site including the 
following:
     The site surface and subsurface soils contain generally 
low levels of Volatile Organic Compounds (VOC's) and Semi-Volatile 
Organic Compounds (SVOC'S).
     A localized subsurface pocket of light non-aqueous phase 
liquid (LNAPL) composed of aviation gasoline remains from the site's 
original use as a fuel storage depot approximately 40 years ago. The 
lateral extent of this pocket measures approximately 50 by 75 feet, and 
it is entirely contained on the Site.
     The adjacent properties to the south, east, west, and 
north are unavailable for future development because they were acquired 
in 1997 as part of a federal flood control program.
    The removal action conducted between 1989 and 1991 substantially 
mitigated the human health and environmental threats posed by this 
site. This action resulted in the removal from the Site of all tanks 
and their contents, piping, structures, and grossly contaminated soils. 
A total of 442,162 gallons of oil and sludge were sent offsite to be 
burned as waste fuel in cement kilns; 142,700 gallons of PCB 
contaminated oil and sludge were incinerated at a permitted off-site 
facility; 865,700 gallons of contaminated water were treated and 
discharged to the river after testing showed that it met Clean Water 
Act standards; 1055 cubic yards of soil and miscellaneous debris were 
disposed offsite as special waste; 637 cubic yards were disposed 
offsite as demolition debris; fifty cubic yards of

[[Page 67282]]

PCB-contaminated soil were landfilled at a permitted offsite facility; 
and 1264 tons of steel were recycled. All wastes were removed from the 
Site and treated or disposed elsewhere.
    During the RI, an analysis was conducted to estimate the health and 
environmental problems that could result from the residual soil and 
groundwater constituents at the Ilada Energy Site after the completion 
of the removal action at the Site.
    The Proposed Plan for the Ilada Energy Superfund Site was released 
for public comment in July 1999. The Proposed Plan identified the ``No 
Further Action'' alternative as the preferred and only alternative for 
the Site. Illinois EPA reviewed all written and verbal comments 
submitted during the public comment period. None were received. It was 
determined that no significant changes to the remedy, as originally 
identified in the Proposed Plan, were necessary or appropriate.
    A no further remedial action Record of Decision (ROD) was sign on 
September 27, 1999. It has been determined that no further remedial 
action is necessary for the purpose of mitigating environmental or 
human health threats at this Site. The selected remedy is protective of 
human health and the environment, attains Federal and State 
requirements that are applicable or relevant and appropriate for this 
remedial action, and is cost-effective.
    This remedy requires the maintenance of institutional controls. The 
institutional controls that consist of the following:
     Prohibiting the installation of groundwater wells for the 
purpose of producing potable water, and;
     Prohibiting the use, improvement or maintenance of any 
type of Site property for residential purposes.

V. Action

    The remedy selected for this Site has been implemented in 
accordance with the Record of Decision. The remedy along with the 
previous removal actions have resulted in the significant reduction of 
the long-term potential for release of contaminants, therefore, threats 
to human health and the environment have been minimized. EPA and the 
State of Illinois find that the response actions implemented provide 
adequate protection of human health the environment.
    The Illinois EPA concurs with the EPA that the criteria for 
deletion of the Site have been met. Therefore, EPA is deleting the Site 
from the NPL.
    This action will be effective January 8, 2001. However, if EPA 
receives dissenting comments by December 11, 2000, EPA will publish a 
document that withdraws this action.

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: October 27, 2000.
Gary Gulezian,
Acting Regional Administrator, Region 5.

    Part 300, title 40 of Chapter I of the Code of Federal Regulations 
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 by removing the 
Site for ``Ilada Energy Co., East Cape Girardeau, IL''.
[FR Doc. 00-28514 Filed 11-8-00; 8:45 am]
BILLING CODE 6560-50-P