[Federal Register Volume 66, Number 32 (Thursday, February 15, 2001)]
[Rules and Regulations]
[Pages 10371-10374]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-3612]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR PART 300

[FRL-6939-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final partial deletion of Release Block D and Release 
Block H of the Department of Energy (DOE) Mound Superfund Site from the 
National Priorities List; request for comments.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 announces 
the deletion of the portions of the Department of Energy Mound 
Superfund Site (Mound Site) known as Release Block D and Release Block 
H from the National Priorities List (NPL). EPA requests public comment 
on this action. The NPL constitutes appendix B to the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, 
which EPA promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA).
    This partial deletion pertains to Release Block D, a 12-acre parcel 
of property along the eastern border of the Mound Site, containing two 
industrial buildings. This also pertains to Release Block H, a 14-acre 
parcel of property consisting of the Mound plant parking lot. The 
Department of Energy (DOE), with the concurrence of EPA, Region 5, and 
the Ohio Environmental Protection Agency (OEPA), has issued Records of 
Decision (RODs) for Release Blocks D and H, selecting institutional 
controls as the final remedy for both areas. The purpose of 
institutional controls is to ensure that these properties will be 
restricted to industrial uses. EPA bases its partial deletion of 
Release Blocks D and H on the determination by EPA and the State of 
Ohio, through OEPA, that all appropriate actions under CERCLA have been 
implemented to protect human health and the environment at Release 
Blocks D and H.
    This partial deletion pertains only to Release Blocks D and H. EPA 
may propose to delete additional portions of the Mound Site in the 
future. Until then, however, all parts of the Mound Site, other than 
Release Blocks D and H, will remain on the NPL.

[[Page 10372]]


DATES: This ``direct final'' action will be effective April 16, 2001 
unless U.S. EPA receives dissenting comments by March 19, 2001. If 
written dissenting comments are received, U.S. 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 Timothy Fischer, Remedial Project 
Manager or Gladys Beard, Associate Remedial Project Manager, Superfund 
Division, U.S. EPA Region, 5 77 W. Jackson Blvd. (SR-6J), Chicago, IL 
60604. Comprehensive information on the Mound Site is available at U.S. 
EPA's Region 5 office and at the local information repository located 
at: The CERCLA Public Reading Room, Miamisburg Senior Adult Center, 305 
Central Avenue, Miamisburg, OH 45342. Requests for comprehensive copies 
of documents should be directed formally to the Region 5 Docket Office. 
The address and phone number for the Regional Docket Officer is Jan 
Pfundheller (H-7J), U.S. EPA, Region 5, 77 W. Jackson Blvd., Chicago, 
IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Timothy Fischer, Remedial Project 
Manager, at (312) 886-5787 (SR-6J), or Gladys Beard, Associate Remedial 
Project Manager, Superfund Division (SR-6J), U.S. EPA, Region 5, 77 W. 
Jackson Blvd., Chicago, IL 60604, (312) 886-7253, or Stuart Hill (P-
19J), Office of Public Affairs, U.S. EPA Region 5, 77 W. Jackson Blvd., 
Chicago, IL 60604, (312) 886-0689.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The Environmental Protection Agency (EPA) Region 5 announces the 
deletion of two portions of the Department of Energy Mound Superfund 
Site (Mound Site), located in Miamisburg, Montgomery County, Ohio, from 
the National Priorities List (NPL). The NPL constitutes appendix B of 
the National Oil and Hazardous Substances Pollution Contingency Plan 
(NCP), 40 CFR part 300. EPA, Region 5, requests comments on this 
action. This partial deletion pertains to Release Block D, a 12-acre 
parcel of property along the eastern border of the Mound Site, 
containing two industrial buildings. Release Block D is bounded on the 
south by undeveloped Mound property, on the east by Mound Road, on the 
north by a parking lot and small group of buildings, and on the west by 
a fenced storage area. This partial deletion also pertains to Release 
Block H, a 14-acre parcel of property consisting of the Mound plant 
parking lot. Release Block H is bounded on the south by the main plant 
entrance, on the east by Mound Road and an offsite community golf 
course, on the north by offsite residences, and on the west by a fenced 
parking lot.
    For both Release Blocks D and H, DOE, EPA, and OEPA identified 
buildings and potential release sites, evaluated them, and addressed 
any significant contamination through removal actions. At the 
conclusion of these activities, residual risk assessments were 
performed. These assessments assumed that the land comprising Release 
Blocks D and H would continue to be used for industrial purposes only, 
and concluded that, on that basis, they posed no significant risks to 
human health or the environment. On February 25, 1999, DOE issued a 
Record of Decision for Release Block D, selecting institutional 
controls as the final remedy. The ROD called for imposing deed 
restrictions on the property, limiting it to industrial use and 
preventing any exposure to children. The Proposed Plan and Record of 
Decision listed the restriction as: (1) Ensure that industrial land use 
is maintained; (2) Prohibit the use of bedrock groundwater; (3) Provide 
site access for federal and state agencies for the purpose of taking 
response actions, including sampling and monitoring; and (4) Prohibit 
removal of RB H soils from the DOE Mound property (as owned in 1998) 
boundary without approval from Ohio Department of Health (ODH) and the 
Ohio Environmental Protection Agency (OEPA) or their successor 
agencies. The ROD also committed DOE to ensure compliance with the deed 
restrictions over the long term. On June 18, 1999, DOE issued a similar 
Record of Decision for Release Block H, selecting institutional 
controls as the final remedy. Once again, DOE committed itself to 
impose and enforce deed restrictions on the property, limiting it to 
industrial use and preventing any exposure to children. Subsequently, 
DOE conveyed both Release Blocks D and H to the Miamisburg Mound 
Community Improvement Corporation. The sales contracts and deeds for 
these transactions incorporated the land use restrictions set forth in 
the two Records of Decision.
    EPA is deleting Release Blocks D and H because all appropriate 
CERCLA response activities have been completed in those areas. EPA may 
propose to delete additional portions of the Mound Site in the future. 
Until then, however, all parts of the Mound Site, other than Release 
Blocks D and H, will remain on the NPL.
    The NPL is a list maintained by EPA of sites that EPA has 
determined present a significant risk to public health, or the 
environment. Sites on the NPL may be the subject of remedial actions 
financed by the Hazardous Substance Superfund (Fund). Pursuant to 40 
CFR 300.425(e) of the NCP, any site or portion of a site deleted from 
the NPL remains eligible for Fund-financed remedial actions if 
conditions at the site warrant such action.
    EPA will accept comments on this notice for thirty (30) days after 
publication of this notice in the Federal Register and a newspaper of 
record.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites or portions of a 
Site may be deleted from the NPL where no further response is 
appropriate to protect public health or the environment. In making such 
a determination pursuant to 300.425(e), EPA will consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    Section 300.425(e)(1)(i): Responsible parties or other persons have 
implemented all appropriate response actions required; or Section 
300.425(e)(1)(ii): All appropriate Fund-financed response under CERCLA 
has been implemented, and no further response action by responsible 
parties is appropriate; or Section 300.425(e)(1)(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.
    Deletion of a portion of a site from the NPL does not preclude 
eligibility for subsequent Fund-financed actions at the area deleted if 
future site conditions warrant such actions. Section 300.425(e)(3) of 
the NCP provides that Fund-financed actions may be taken at sites that 
have been either totally or partially deleted from the NPL. A partial 
deletion of a site from the NPL does not affect or impede EPA's ability 
to conduct CERCLA response activities at areas not deleted and 
remaining on the NPL. (Note that in this case, because the remainder of 
the Mound Site is federally owned, Fund-financed activities would be 
subject to the limitations set forth in Section 111(e)(3) of CERCLA.) 
In addition, deletion of a portion of a site

[[Page 10373]]

from the NPL does not affect the liability of responsible parties or 
impede agency efforts to recover costs associated with response 
efforts.

III. Deletion Procedures

    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any person's rights or obligations. The NPL is 
designed primarily for informational purposes and to assist Agency 
management.
    The following procedures were used for the intended deletion of 
Release Blocks D and H at the Mound Site:
    (1) EPA has recommended the partial deletion and has prepared the 
relevant documents.
    (2) The State of Ohio, through OEPA, has concurred by letter dated 
November 22, 2000, with this partial deletion.
    (3) Concurrent with this national Direct Final Partial Deletion, a 
notice has been published in a newspaper of record and has been 
distributed to appropriate Federal, State, and local officials, and 
other interested parties. These notices announce a thirty (30) day 
public comment period on the deletion package, which commences on the 
date of publication of this notice in the Federal Register and a 
newspaper of record.
    (4) EPA has made all relevant documents available at the 
information repositories listed previously.
    This Federal Register notice, and a concurrent notice in a 
newspaper of record, announce the initiation of a thirty (30) day 
public comment period and the availability of the Direct Final Partial 
Deletions. EPA is requesting only dissenting comments on this Notice. 
All critical documents needed to evaluate EPA's decision are included 
in the Deletion Docket and are available for review at the information 
repositories.
    Upon completion of the thirty (30) day public comment period, EPA 
will evaluate all comments received before issuing the final decision 
on the partial deletion. If necessary, EPA will prepare a 
Responsiveness Summary responding to each significant comment submitted 
during the public comment period. The Responsiveness Summary will be 
made available to the public at the information repositories listed 
previously. Members of the public are encouraged to contact EPA Region 
5 to obtain a copy of the Responsiveness Summary.

IV. Basis for Intended Partial Site Deletion

    The following provides EPA's rationale for deletion of Release 
Blocks D and H of the Mound Site from the NPL and EPA's finding that 
the criteria in 40 CFR 300.425(e) are satisfied:

Background

    The Mound Site is located in Miamisburg, Ohio, about 10 miles south 
of Dayton and 45 miles north of Cincinnati. The 306-acre site consists 
of a number of industrial buildings in the northern portion of the 
Mound site, and open land in the southern portion. Most of the Site is 
owned by the United States Department of Energy, which began operations 
there in 1948 involving the manufacture of triggering devices for 
nuclear weapons. The Mound Site is located near an ancient Indian 
mound; hence the name of the DOE facility--the Mound Plant. As a result 
of past disposal practices and contaminant releases to the environment, 
including radioactive contaminants, the Mound Site was listed on the 
NPL on November 21, 1989 (54 FR 48184). DOE signed a CERCLA Section 120 
Federal Facility Agreement (FFA) with EPA in October, 1990. In 1993, 
this agreement was modified and expanded to include OEPA. DOE serves as 
the lead agency for CERCLA-related activities at the Mound Site.
    DOE, EPA, and OEPA originally planned to address the Mound Site's 
environmental restoration issues under a set of Operable Units (OUs), 
each of which would include a number of Potential Release Sites (PRSs). 
For each OU, the site would follow the traditional CERCLA process: a 
Remedial Investigation/Feasibility Study (RI/FS), followed by a Record 
of Decision (ROD) and Remedial Design/Remedial Action (RD/RA). In 1995, 
after beginning remedial investigations for several OUs, DOE and its 
regulators concluded that the OU approach was inefficient for Mound due 
to the number and variety of contaminants on the Site. DOE, EPA, and 
OEPA agreed that it would be better to evaluate each PRS or building 
separately, use removal action authority to remediate each one as 
needed, and establish a goal of no additional remediation other than 
institutional controls for the final remedy. Following completion of 
removal actions, a residual risk evaluation would be conducted to 
ensure that industrial use of the block or building would be safe. DOE, 
EPA, and OEPA called this approach the ``Mound 2000 Process.''
    The Mound 2000 Process established a Core Team consisting of 
representatives of DOE, EPA, and OEPA. The Core Team evaluates each of 
the potential contamination problems at the Mound Site and recommends 
the appropriate response. It uses information gathered from site 
visits, existing data, and knowledge of Mound Plant processes to 
determine whether or not any action is warranted for potential release 
sites. If a decision cannot be made based on the information on hand, 
the Core Team identifies the specific, additional information needed. 
The Core Team also receives input from technical experts and from the 
public. Thus, all stakeholders have an opportunity to express their 
opinions or suggestions for each potential problem area.

Block D Response Actions

    Under the Mound 2000 Process, the Core Team identified 18 potential 
release sites, including 2 buildings, within the limits of Block D. 
Only one--an area used to dispose of soil contaminated with thorium--
needed an active response. DOE carried out a removal action in October, 
1998. Following completion of the removal action, a residual risk 
assessment determined that furture industrial use of Block D posed no 
significant risk to human health or the environment. In order to ensure 
that future use of Block D conforms to the industrial uses contemplated 
in the risk assessment, DOE, with the concurrence of EPA and OEPA, 
selected institutional controls as the final remedy for Block D in a 
Record of Decision issued on February 25, 1999. The ROD called for 
imposing deed restrictions on the property, limiting it to industrial 
use and preventing any exposure to children. The ROD also committed DOE 
to ensure compliance with the deed restrictions over the long term.

Block H Response Actions

    Under the Mound 2000 Process, the Core Team identified only one 
potential release site within the limits of Block H. DOE, EPA, and OEPA 
determined that no active response was required. A residual risk 
assessment determined that industrial use of Block H posed no 
significant risk to human health or the environment. In order to ensure 
that future use of Block H conforms to the industrial uses contemplated 
in the risk assessment, DOE, with the concurrence of EPA and OEPA, 
selected institutional controls as the final remedy for Block H in a 
Record of Decision issued on June 18, 1999. The ROD called for imposing 
deed restrictions on the property, limiting it to industrial use and 
preventing any exposure to children. The ROD also committed DOE to 
ensure compliance with the deed restrictions over the long term.

[[Page 10374]]

Community Involvement

    Public participation activities for Release Blocks D and H have 
been satisfied as required in CERCLA section 113(k), 42 U.S.C. 9613(k), 
and Section 117, 42 U.S.C. 9617. As part of the Mound 2000 Process, DOE 
routinely solicited public comment on the Core Team's recommended 
response at each Potential Release Site (PRS) and on the residual risk 
assessments. The final remedy decisions for Release Blocks D and H were 
each preceded by the issuance of a proposed plan, a notice in the local 
newspapers commencing a 30-day public comment period, and a public 
meeting where citizens could ask questions and make comments. All 
documents DOE relied upon in making its remedy decisions were available 
for public inspection at the The CERCLA Public Reading Room, Miamisburg 
Senior Adult Center, 305 Central Avenue, Miamisburg, OH 45342. When it 
issued its remedy decisions, DOE included a written response to all 
significant comments.

Current Status

    DOE has implemented the RODs for Release Blocks D and H by placing 
restrictions in the deeds for each property. DOE conveyed Release Block 
D to the Miamisburg Mound Community Improvement Corporation on March 
18, 1999. DOE conveyed Release Block H to the Miamisburg Mound 
Community Improvement Corporation on August 5, 1999. Because the 
remedies for Release Blocks D and H do not allow unlimited use of and 
unrestricted exposure to each property, DOE, in consultation with EPA, 
OEPA, and the Ohio Department of Health, will review the remedial 
actions each year to assure that human health and the environment are 
being protected by the remedial actions being implemented.
    While EPA does not believe that any future response actions for 
Release Blocks D and/or H will be needed, if future conditions warrant 
such action, these areas of the Mound Site would be eligible for future 
Fund-financed response actions. This partial deletion does not alter 
the status of the remainder of the Mound Site, which is not proposed 
for deletion and remains on the NPL.

V. Action

    EPA, with concurrence from the State of Ohio, has determined that 
all appropriate CERCLA response actions have been completed at Release 
Blocks D and H, and that protection of human health and the environment 
has been achieved in these areas. Therefore, EPA is deleting Release 
Blocks D and H of the Mound Superfund Site from the NPL.
    This action will be effective April 16, 2001. However, if EPA 
receives dissenting comments by March 19, 2001, EPA will publish a 
document that withdraws this action.

List of Subjects in 40 CFR Part 300

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

    Dated: January 19, 2001.
David A. Ullrich,
Acting Regional Administrator, U.S. EPA, Region 5.

    Part 300, title 40 of chapter 1 of the Code of Federal Regulations 
is amended as follow:

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 2 of appendix B to Part 300 is amended by revising the 
entry for ``Mound Plant (USDOE)'' Miamisburg, Ohio to read as follows:

Appendix B to Part 300--National Priorities List

                                      Table 2.--Federal Facilities Section
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               State                         Sitename                   City/County               (Notes) 1
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*                  *                  *                  *                  *                  *
                                                        *
OH................................  Mound Plant (USDOE).......  Miamisburg................  P
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*          *          *          *          *
1 P=Sites with partial deletion(s).

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[FR Doc. 01-3612 Filed 2-14-01; 8:45 am]
BILLING CODE 6560-50-U