[Federal Register Volume 65, Number 226 (Wednesday, November 22, 2000)]
[Rules and Regulations]
[Pages 70312-70314]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-29642]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6859-3]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final deletion of the John Deere Ottumwa Works Site 
(Site) from the National Priorities List (NPL).

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SUMMARY: EPA Region VII announces the deletion of the John Deere 
Ottumwa Works Site (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 
(CERCLA) of 1980, as amended (CERCLA). EPA and the Iowa Department of 
Natural Resources (IDNR) have determined that all appropriate response 
actions have been implemented and remedial actions conducted at the 
site to date remain protective of human health and the environment.

DATES: This ``direct final'' action will be effective January 22, 2001 
unless EPA receives significant adverse or critical comments by 
December 22, 2000. If written dissenting comments are received, EPA 
will publish a timely withdrawal of the direct final rule in the 
Federal Register informing the public that the rule will not take 
effect.

ADDRESSES: Comments may be mailed to Debra L. Kring, Environmental 
Protection Specialist, U.S. Environmental Protection Agency, 901 North 
5th Street, Kansas City, KS 66101. Comprehensive information on this 
Site is available through the public docket which is available for 
viewing at the U.S. EPA Region VII Superfund Division Records Center, 
901 North 5th Street, Kansas City, KS 66101.

FOR FURTHER INFORMATION CONTACT: Debra L. Kring, U.S. Environmental 
Protection Agency, Superfund Division, 901 North 5th Street, Kansas 
City, KS 66101, (913) 551-7725, fax (913) 551-7063.

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 VII announces the 
deletion of the John Deere Ottumwa Works site, Ottumwa, Iowa from the 
NPL, Appendix B of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), 40 CFR part 300. 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 these sites. EPA and 
the Iowa Department of Natural Resources (IDNR) have determined that 
the remedial action at the Site has been successfully executed. EPA 
will accept comments on this notice thirty days after publication of 
this document in the Federal Register.
    Section II of this action 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 John Deere 
Ottumwa Site and explains how the Site meets the deletion criteria. 
Section V states EPA's action to delete the releases of 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 release from the 
NPL, EPA shall 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;
    (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

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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 remedy remains protective of public health and the 
environment. A five-year review was conducted at the John Deere Ottumwa 
Works Site in 1998. Based on that review, EPA in consultation with the 
State, determined that conditions at the site remain protective of 
human health and the environment. As explained below, the Site meets 
the NCP's deletion criteria 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 
release from this Site: (1) All appropriate response under CERCLA has 
been implemented and no further action by EPA is appropriate; (2) The 
Iowa Department of Natural Resources 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 review. The EPA is 
requesting only dissenting comments on the Direct Final Action to 
Delete.
    For deletion of the release from 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 designated 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 release from a site from the NPL does not preclude 
eligibility for future response actions.

IV. Basis of 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 John Deere Ottumwa Works Site is located in Ottumwa, Iowa, 
Wapello County, and includes a 118-acre tract of land which has been 
used for the manufacture of farm implements since 1946. From 1911 until 
1973, the company disposed of approximately 3,000 tons of solvents, 
paint sludges, acids, heavy metals, and cyanide on site. The site is 
located 200 feet from prime agricultural land. Approximately 700 people 
obtain drinking water from private wells located within 3 miles of the 
site. The main water supply for Ottumwa, population 27,000, is the Des 
Moines River; the intake is 4,000 feet upstream from the John Deere 
landfills. The river also is used for recreational activities. The 
city's secondary water supply, which is used intermittently throughout 
the year, is the Black Lake. It is located 500 feet down gradient of 
the on-site landfills. Low levels of various heavy metals from site 
disposal activities were detected in the soil, surface water, and 
sediments. Also, low levels of methylene chloride, a volatile organic 
compound (VOC), were detected in the soil and sediments. Potential 
risks may have existed for individuals who accidently ingested or came 
into direct contact with the contaminated soil and surface water.
    The John Deere Ottumwa Works Site was placed on the National 
Priorities List (NPL) on February 21, 1990. Under EPA oversight, the 
John Deere Company began remedial investigation activities in 1990 to 
determine the type and extent of contamination. Field work was 
completed in late 1990, and the investigation was completed in late 
1991. Based on the results of this investigation, the EPA selected a 
remedy requiring the John Deere Company to maintain the existing fence 
around the site and to continue monitoring the groundwater to ensure 
that it remains safe. In addition, the property and State Highway 
right-of-way deed restrictions now limit site use to non-residential 
activities. A Record of Decision (ROD) explaining the remedy selected 
for this site was signed by EPA on September 23, 1991.
    In September 1992, the John Deere Company and the Department of 
Transportation entered into a Consent Decree with EPA to implement the 
selected remedy. Since that time, EPA has continued to conduct 
oversight activities, as well as reviewing and evaluating sampling data 
provided by the John Deere Company. In January 1998, a Five-Year Review 
Report was signed by EPA which defined current site conditions, remedy 
protectiveness, and recommendations for next steps. As one of the 
recommendations, EPA responded to a September 1997 Deere Company 
request that certain monitoring wells be abandoned in accordance with 
State and federal regulations. The EPA requested that one full round of 
sampling be conducted prior to the abandonment exercise to discern 
compound levels and evaluate which wells would remain as background 
wells to prevent off-site migration of contamination. Sampling was 
conducted in March 1999 at 11 monitoring wells and 2 piezometers for 
total arsenic, barium, cadmium, chromium, lead, VOCs, and semi-
volatiles. Sampling results showed no levels above MCLs. Based on this 
outcome, eight (8) wells and 1 piezometer were abandoned in January 
2000 in accordance with State and federal regulations.
    The Five-Year Review was completed in January 1998 and indicated 
that remedial objectives had been met. These objectives include 
institutional controls which require the maintenance of an eight-foot 
high chain-link fence topped with barbed wire, and the lodging of deed 
restrictions which prevent the future development of residences or 
other similar exposure situations on site. Groundwater and surface 
water monitoring will hereby be discontinued subsequent to future Five-
Year Reviews which may reveal the need for additional monitoring. The 
selected remedy does not reduce toxicity, mobility, or volume through 
treatment, however, it has been determined by EPA to represent the 
maximum extent required to protect human health and the environment. 
The remedy selection also ensures on a long-term basis that the 
sensitive population, children, are not exposed to site waste, thereby 
preventing the only potentially unacceptable exposure scenario from 
occurring. The Hazard Index (HI) associated with children directly 
contacting waste material is slightly above one. No unacceptable site-
related cancer risks were identified. There were no Federal or State 
ARARs to be considered for this remedy.

Operations and Maintenance

    Limited maintenance is required at this site. Long-term maintenance 
and groundwater monitoring have been conducted by the John Deere 
Ottumwa Company. This site is also an active RCRA facility and is 
monitored by

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RCRA as well as the Superfund Program.

Five-Year Review

    The Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA) requires five-year review of all sites where 
hazardous substances remain above health-based levels for unrestricted 
use of the site. Under CERCLA Section 121(c), a review is also 
conducted to ensure that the selected remedy continues to be protective 
of human health and the environment. The next five-year review at this 
site is scheduled for the year 2003.

V. Action

    The remedy selected for this site has been implemented in 
accordance with the Record of Decision. Therefore, no further response 
action is necessary. The remedy has resulted in the significant 
reduction of the long-term potential for release of contaminants, 
therefore, human health and potential environmental impacts have been 
minimized. The EPA and the Iowa Department of Natural Resources find 
that the remedy implemented continues to provide adequate protection of 
human health and the environment.
    The EPA, with concurrence of the State of Iowa, has determined that 
the criteria for deletion of the release have been met. Therefore, EPA 
is deleting the site from the NPL.
    This action will be effective January 22, 2001. However, if EPA 
receives dissenting comments by December 22, 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: August 17, 2000.
William Rice,
Acting Regional Administrator, Region VII.

    Part 300, title 40 of chapter 1 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, 56FR 54757, 3CFR, 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 ``John Deere Ottumwa Works Landfills, Ottumwa, Iowa''.

[FR Doc. 00-29642 Filed 11-21-00; 8:45 am]
BILLING CODE 6560-50-U