[Federal Register Volume 66, Number 120 (Thursday, June 21, 2001)]
[Rules and Regulations]
[Pages 33200-33202]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15479]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6999-9]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Tomah Fairgrounds 
Landfill, Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region V is 
publishing a direct final notice of deletion of the Tomah Fairgrounds 
Landfill, Superfund Site (Site), located in Tomah, Wisconsin, from the 
National Priorities List (NPL).
    The NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final deletion is being published by EPA with the 
concurrence of the State of Wisconsin, through the Wisconsin Department 
of Natural Resources because EPA has determined that all appropriate 
response actions under CERCLA have been completed and, therefore, 
further remedial action pursuant to CERCLA is not appropriate.

DATES: This direct final deletion will be effective August 20, 2001 
unless EPA receives adverse comments by July 23, 2001. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final deletion in the Federal Register informing the public that 
the deletion will not take effect.

ADDRESSES: Comments may be mailed to: David Linnear, Remedial Project 
Manager (RPM) at (312) 886-6104, [email protected] or Gladys Beard, 
State NPL Deletion Process Manager at (312) 886-7253, 
[email protected], (mail code: SR-6J), U.S. EPA Region V, 77 W. 
Jackson, Chicago, IL 60604 or at 1-800-621-8431.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: U.S. EPA Region V Library, 77 W. Jackson, 
Chicago, IL 60604, (312) 353-5821, Monday through Friday 8:00 a.m. to 
4:00 p.m.; Tomah Public Library, 716 Superior Ave., Tomah, WI 54660, 
Monday through Thursday 9:00 a.m. to 8:00 p.m. and Friday and Saturday 
9:00 a.m to 5:00 p.m.; Wisconsin Department of Natural Resources, 101 
S. Webster Street, Madison, Wisconsin, (608) 266-2111, Monday through 
Friday 7:45 a.m. to 5:00 p.m.

FOR FURTHER INFORMATION CONTACT: David Linnear, Remedial Project 
Manager at (312) 886-6104, [email protected] or Gladys Beard, State 
NPL Deletion Process Manager at (312) 886-7253, [email protected] or 
1-800-621-8431, (SR-6J), U.S. EPA Region V, 77 W. Jackson, Chicago, IL 
60604.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region V is publishing this direct final notice of deletion of 
the Tomah Fairgrounds Landfill, Superfund Site from the NPL.
    The EPA identifies sites that appear to present a significant risk 
to public health or the environment and maintains the NPL as the list 
of those sites. As described in 300.425(e)(3) of the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), sites from the 
NPL remain eligible for remedial actions if conditions at a deleted 
site warrant such action.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective August 20, 2001 unless 
EPA receives adverse comments by July 23, 2001 on this document. If 
adverse comments are received within the 30-day public comment period 
on this document, EPA will publish a timely withdrawal of this direct 
final deletion before the effective date of the deletion and the 
deletion will not take effect. EPA will, as appropriate, prepare a 
response to comments and continue with the deletion process on the 
basis of the notice of intent to delete and the comments already 
received. There will be no additional opportunity to comment.
    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 Tomah Fairgrounds Superfund 
Site and demonstrates how it meets the deletion criteria. Section V 
discusses EPA's action to delete the Site from the NPL unless adverse 
comments are received during the public comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be deleted 
from 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 (Hazardous Substance Superfund 
Response Trust Fund) 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, 
the taking of remedial measures is not appropriate.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants, or contaminants remain at the deleted site above levels 
that allow for unlimited use and unrestricted exposure, CERCLA section 
121(c), 42 U.S.C. 9621(c), requires that a subsequent review of the 
site be conducted at least every five years after the initiation of the 
remedial action at the deleted site to ensure that the action remains 
protective of public health and the environment. 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 deleted site may be restored to the 
NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with Wisconsin on the deletion of the Site 
from the NPL prior to developing this direct final notice of deletion.
    (2) Wisconsin concurred with deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final notice 
of deletion, a notice of the availability of the parallel notice of 
intent to delete published today in the ``Proposed Rules'' section of 
the Federal Register is being published in a major local newspaper of 
general circulation at or near the Site

[[Page 33201]]

and is being distributed to appropriate federal, state, and local 
government officials and other interested parties; the newspaper notice 
announces the 30-day public comment period concerning the notice of 
intent to delete the Site from the NPL.
    (4) The EPA placed copies of documents supporting the deletion in 
the Site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this document. EPA will publish a timely notice of 
withdrawal of this direct final notice of deletion before its effective 
date and will prepare a response to comments and continue with the 
deletion process on the basis of the notice of intent to delete and the 
comments already received.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
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, should 
future conditions warrant such actions.

IV. Basis For Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

Site Location

    The Tomah Fairgrounds Landfill Site (Site) covers approximately 15 
acres within the boundaries of the 37.5-acre fairgrounds, in Tomah, 
Monroe County, Wisconsin. The Site is situated at the south edge of 
town and is a grass-covered open field that is used as a parking lot 
during fairground events. Land uses to the west are agricultural, to 
the east, commercial/industrial and to the north and south, 
residential.

Site History

    The Site was used and operated by the City of Tomah as a disposal 
site from 1955 until 1960. Waste disposal methods consisted of 
excavating 6 to 8 feet of soil, land filling waste materials, placing a 
cover consisting of previously excavated topsoil and final grading. 
Some material disposed of in the landfill may have been burned before 
it was buried. No disposal records regarding the types or quantities of 
material buried were maintained.
    In 1984, U.S. EPA's Field Investigation Team, with the assistance 
of the Wisconsin Department of Natural Resources, conducted a 
preliminary assessment of the Site. The assessment raised concerns 
about the possible effects of disposal directly into an aquifer and the 
potential for direct contact with hazardous substances because of 
erosion of the landfill cap. EPA added the site to the National 
Priorities List on July 21, 1987.
    In September, 1996, the City of Tomah signed an agreement with the 
Wisconsin Department of Natural Resources under which the City agreed 
to monitor groundwater for at least 10 years in order to evaluate the 
progress of natural attenuation; and to maintain zoning and deed 
restrictions so as to restrict the use of ground water and preclude 
residential use of the land at the Site.

Remedial Invesigation (RI)

    EPA conducted a remedial investigation of the site in two phases. 
Phase 1 took place in 1993. It collected ground water and soil samples 
in order to characterize the nature and extent of contamination and 
associated exposure risks. The results of this sampling indicated that 
additional samples were needed to adequately characterize the site. 
Accordingly, EPA moved on to Phase 2 of the RI in 1995. Field 
investigations for the Phase 2 RI included sampling of surface soils on 
and off the landfill and installation of monitoring wells for sampling 
groundwater. The results of surface soil sampling showed no 
contaminants in excess of Wisconsin standards, except for one sample 
showing a lead level higher than the state standard. Results of 
groundwater sampling showed an exceedance of the maximum contaminant 
level for vinyl chloride in one deep well. There were also exceedances 
of the maximum contaminant levels for arsenic, chromium, and lead, but 
only in unfiltered samples, indicating that the elevated metal 
concentrations were on the suspended solid fraction of the samples 
rather than dissolved in the water.

Characterization of Risk

    EPA used the data collected during the RI to assess human health 
risks. Under the assumption that the site would continue to be used for 
recreational purposes, and not for residential development, and that 
groundwater would not be tapped for drinking water, EPA found no risks 
in excess of federal standards.

Record of Decision Findings

    On September 26, 1996, the Regional Administrator signed a Record 
of Decision (ROD), selecting a remedy for the Tomah Fairgrounds Site. 
The ROD determined that ``No Further Action'' was appropriate due to 
deed restrictions limiting land use and an agreement between the WDNR 
and the City of Tomah requiring the City to monitor ground water to 
evaluate the progress of natural attenuation.

Monitoring Results To Date

    The following tables present monitoring results for vinyl chloride, 
the primary contaminant of concern detected above federal standards in 
ground water at the Tomah Fairgrounds Site. (The MCL for vinyl chloride 
is 2 ug/l.) The monitoring results reported here include results from 
EPA's Remedial Investigation and from the City of Tomah's periodic 
sampling. No exceedances of the MCL have occurred since 1995.

                                   Monitoring Well Results for Vinyl Chloride
                                                     [ug/l]
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                                         MW1            M/W2             MW3           MW4S  S          MW4D
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8/18/95..........................  0.50..........  0.50..........  0.50..........  0.50..........  6.0
9/20/95..........................  0.50..........  0.50..........  0.50..........  0.50..........  9.0
1/09/97..........................    ............    ............    ............    ............  0.90
7/01/97..........................  0.20..........  0.20..........  0.20..........  0.20..........  0.32
12/31/97.........................    ............    ............    ............    ............  0.23
6/24/98..........................  0.20..........  0.20..........  0.20..........  0.20..........  0.20
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[[Page 33202]]


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                                         MW1            M/W2             MW3           MW4S  S          MW4D
----------------------------------------------------------------------------------------------------------------
12/14/98.........................    ............    ............    ............    ............  0.20
6/04/99..........................  0.20..........  0.20..........  0.20..........  0.20..........  0.201
12/21/99.........................    ............    ............    ............    ............  0.20
6/29/00..........................  0.19..........    ............    ............  0.19..........  0.19
8/2/00...........................    ............  0.19..........  0.19..........    ............    .
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                 Private Well Results for Vinyl Chloride
                                 [ug/l]
------------------------------------------------------------------------
                                 DANA    RANDAL  L  SAMPSO  N   SCHAPPE
------------------------------------------------------------------------
8/19/91.....................  1.00.....  1.00.....  1.00.....  .........
2/10/92.....................  0.50.....  0.50.....    .......  0.50
7/12/93.....................  1.00.....  1.00.....  1.00.....    .
6/29/00.....................  0.12.....  0.12.....    .......  0.12
8/15/00.....................    .......    .......  0.15.....    .
------------------------------------------------------------------------

Five-Year Review

    Because hazardous substances will remain at the site, EPA committed 
itself in the Record of Decision to conduct a review of the ``no 
further action'' remedy at least every five years. These reviews will 
be conducted pursuant to CERCLA 121 (c) and as provided in the current 
guidance on Five Year Reviews: OSWER Directive 9355.7-02, Structure and 
Components of Five-Year Reviews, May 23, 1991; OSWER Directive 9355.7-
02A, Supplemental Five-Year Review Guidance, July 26, 1994, the Second 
Supplemental Five-Year Review Guidance, December 21, 1995, or other EPA 
guidance current at the time of the review. The first Five-Year Review 
will be completed by September 30, 2001.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42 
U.S.C. 9617. Documents in the deletion docket which EPA relied on for 
recommendation of the deletion from the NPL are available to the public 
in the information repositories.

V. Deletion Action

    The EPA, with concurrence of the State of Wisconsin, has determined 
that all appropriate responses under CERCLA have been completed, and 
that no further response actions, under CERCLA, other than five-year 
reviews, are necessary. Therefore, EPA is deleting the Site from the 
NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective August 20, 2001 unless EPA receives adverse comments by 
July 23, 2001. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of deletion before the effective date of the 
deletion and it will not take effect and, EPA will prepare a response 
to comments and continue with the deletion process on the basis of the 
notice of intent to delete and the comments already received. There 
will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

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

    Dated: June 12, 2001.
David A. Ullrich,
Acting Regional Administrator, Region 5.

    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--[AMENDED]

    1. The authority citation for Part 300 continues to read as 
follows:

    Authority: 42 U.S.C. 9601-9657; 33 U.S.C. 1321(c)(2); 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 under Wisconsin 
``WI'' by removing the entry for ``Tomah Fairgrounds''.

[FR Doc. 01-15479 Filed 6-20-01; 8:45 am]
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