[Federal Register Volume 66, Number 127 (Monday, July 2, 2001)]
[Rules and Regulations]
[Pages 34849-34852]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-16287]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7004-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Arcanum Iron & Metal, 
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 Arcanum Iron & 
Metal, Superfund Site (Site), located near the Village of Arcanum, Twin 
Township, Darke County, Ohio 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 notice of deletion is being published by EPA with the 
concurrence of the State of Ohio, through the Ohio Environmental 
Protection Agency 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 31, 2001 
unless EPA receives adverse comments by August 1, 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: Kenneth Glatz, Remedial Project 
Manager (RPM), [email protected] or Gladys Beard, State NPL 
Deletion Process Manager, [email protected], (SR-6J), U.S. EPA 
Region V, 77 W. Jackson, Chicago, Il 60604.
    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.; Arcanum Public Library, 101 North Street, Arcanum, Ohio 
(937) 692-8484; 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., Ohio Environmental 
Protection Agency, 122 S. Front Street, Lozarus Government Building, 
Columbus, OH 43215, (614) 644-3020, Monday through Friday 8 a.m. to 5 
p.m.

FOR FURTHER INFORMATION CONTACT: Kenneth Glatz, Remedial Project 
Manager at (321) 886-1434, [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 Arcanum Iron & Metal, 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 Sec. 300.425(e)(3) of the NCP, sites 
deleted 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 31, 2001 unless 
EPA receives adverse comments by August 1, 2001 on this notice on this 
notice of deletion. If adverse comments are received within the 30-day 
public comment period on this notice of deletion, EPA will publish a 
timely

[[Page 34850]]

withdrawal of this direct final notice of 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 Arcanum Iron & Metal, 
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 Ohio on the deletion of the Site from 
the NPL prior to developing this direct final notice of deletion.
    (2) Ohio 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 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 notice of deletion, 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 Arcanum Iron & Metal (AIM) Site is located in west-central 
Ohio, approximately 25 miles northwest of Dayton, Ohio, in Twin 
Township, Darke County, Ohio. The site occupies about 4.5 acres and is 
just southeast of the Village of Arcanum, Ohio.

Site History

    The AIM Site is zoned for light industrial or commercial 
operations. There is a Federal Lien on 18.341 acres of property owned 
by Mr. Harold M. Shane, which includes the 4.5 acre AIM Site. The lien 
is dated August 31, 1989, and was sent to the Darke County Recorder in 
Greenville, Ohio on September 19, 1989. EPA and the State of Ohio 
negotiated a Consent Decree in places of the lien on the property.
    The AIM Site consisted of a lead battery reprocessing facility from 
the early 1960's until 1982. The AIM facility processed automobile and 
industrial batteries to recover the lead cores. This process generated 
by-product plastic, rubber casings and battery acid. The battery acid 
was dumped on the ground. The plastic and rubber by-products were 
recycled. An on-site lead smelter, used in the lead recovery step, may 
have emitted lead-containing particulates during operations.
    During processing, lead oxide sludge from the batteries was stored 
on site. During dry weather the lead oxide sludge dust was controlled 
by water sprays. Run-off from the pile, contaminated with lead oxide 
particulate and soluble lead salts, flowed to ground surface 
depressions. The battery casings were ground and stockpiled for 
recycling. The battery casing chips also contained high concentrations 
of lead. During rainstorms lead particles were washed into on-site 
surface ponds. Approximately 3,200 cubic yards of battery casing chips 
were stored in the Saw Building, and about 800 cubic yards were in a 
pile at the southeastern portion of the Site, near the smelter 
building. A drainage pipe connecting the AIM Site to Sycamore Ditch 
also caused contamination of the ditch sediments.
    The battery casing chips, lead oxide sludge, and contaminated soils 
were exposed and represented a continuing source of contamination at 
the AIM Site.

Site History

     The earliest date the State of Ohio has on file regarding 
the AIM site is 1964, when a fish kill was reported in Painter Creek 
caused by contamination flowing from Sycamore Ditch.
     In 1972, the Ohio EPA personnel visited the AIM Site in 
response to another fish kill in the local watershed, and determined 
that the source of the fish kill came from the AIM Site.
     In October 1973, the Ohio EPA's Division of Waste 
Management and Engineering made the first of many site visits to 
investigate AIM's operation.
     Over the next ten years, the Ohio EPA conducted data 
collection activities and took legal actions against AIM to install on-
site water treatment and waste storage systems.

[[Page 34851]]

     In January 1974, the Ohio EPA requested that the owner of 
the AIM Site apply for a permit to install an acid treatment system.
     The Ohio EPA was unable to get AIM to install the 
treatment system and adhere to the conditions and restrictions of the 
permit.
     In June 1979, the Ohio Attroney General on behalf of the 
Ohio EPA initiated enforcement proceedings against AIM.
     In October 1979, a Consent Decree was signed by the site 
owner to clean up the site. However, cleanup efforts were not 
satisfactorily completed to Ohio EPA's satisfaction. Subsequently, AIM 
was found to be in contempt of court in April 1980.
     From April 1980, the Ohio Attroney General's office 
continued to pursue legal actions for the cleanup of the AIM Site.
     In September 1980, a Citation and Notification of Penalty 
were issued to AIM for failure to install a treatment system.
     In April 1982, the Ohio EPA requested that legal action be 
taken to close the AIM facility.
     The AIM Company ceased operations at the AIM Site in 
December 1982.
     The processing equipment was removed from the site by the 
owner in January 1983.
     The Site was proposed for listing on the NPL on December 
30, 1982, 47 FR 58476 and was made final on the NPL on September 8, 
1983, 48 FR 40658.
     The owner of the AIM Site had also operated a downtown 
Arcanum facility AIM II as a battery processing plant, prior to startup 
of the present AIM facility location.
     In January and February of 1986 approximately 300 cubic 
yards of lead-contaminated soils from AIM II were placed on the AIM 
Site during an emergency removal action conducted by the owner of the 
two Sites.

Remedial Investigation and Feasibility Study (RI/FS)

    Groundwater investigations at the AIM Site have shown historical 
groundwater contamination of up to 980 parts per billion lead. The 1985 
Remedial Investigation (RI) detected lead in 2 of 8 residential wells 
and 8 of 15 ground-water monitoring wells sampled. Concentrations in 
three monitoring wells exceeded the interim primary drinking water 
standard (50 ug/l) at the time the Record of Decision (ROD) was signed 
on September 26, 1986. However, sampling logs indicated turbidity in 
these samples. The same sampling methodology was used in 1989, and lead 
was detected in 20 of 22 unfiltered monitoring well samples, but 
filtered samples taken during the same sampling event were found to be 
mostly non-detects, indicating that lead detections were attributable 
to turbidity. Based upon groundwater monitoring from 1995 through 2000 
by the U.S. Army Corps of Engineers (USACE), using low flow purging and 
sampling methodology (not used previously) to minimize turbidity, there 
is no evidence of groundwater contamination at the AIM Site.

Record of Decision Findings

    The Record of Decision (ROD) was signed on September 26, 1986. The 
remedy consisted of the excavation, treatment, and disposal of battery 
casing chips and cleaning up lead-contaminated soils to industrial/
commercial cleanup levels. Lead-contaminated sediments in Sycamore 
Ditch were excavated, treated on-site, and disposed of in an off-site 
U.S. EPA-approved landfill. The office, smelter, and saw buildings were 
decontaminated, demolished and hauled to a U.S. EPA approved landfill. 
All equipment, on-site drums (left by previous contractors), two flat-
bed trailers, and a 500 gallon tank were demolished and disposed of 
along with the demolition debris. A ROD Amendment was signed on June 
18, 1997, after the completion of a new human health and ecological 
risk assessment. The RI investigations indicated that there were lead 
levels above drinking water standards in several of the residential 
wells in the area. The wells were resampled, post ROD, using EPA 
recommended low-flow sampling methods. A risk analysis was conduced by 
the USACE using the results from this study. It indicated that there 
was no unacceptable human health or ecological risk at the site. Based 
on the results of the risk analysis a ROD amendment was issued in June, 
1997, removing the ground water remedy component from the ROD.
    The ROD Amendment signed on June 18, 1997, did not specify any 
remedial activity for groundwater. Based upon eight separate 
groundwater monitoring events to date: 1985 RI, 1989 site 
investigation, plus five sampling events by the USACE between 1996 and 
1998, and three by the Settling Defendants (two conducted post RA), 
there is no evidence of groundwater contamination above drinking water 
standards. The U.S. EPA in consultation with the Ohio EPA, concluded 
that no groundwater remediation is necessary. All groundwater 
monitoring wells have been abandoned consistent with Ohio EPA 
guidelines.
    The Consent Decree (CD) with the Settling Defendants was lodged on 
September 11, 1998, in the U.S. District Court for Southern District of 
Ohio, Western Division, Dayton, Ohio, for remedial design (RD) and 
remedial action (RA); and was entered by the Court on April 12, 1999. 
On October 19, 1999, the U.S. District Court entered a separated CD 
with Mr. Harold Shane, owner of the AIM Site property.

Characterization of Risk

    The AIM Final Remedial Action Report was approved by EPA on July 
26, 2000. The AIM Site remedial action performed by the AIM Settling 
Defendants, resulted in a clean closure. On December 1, 1999, the U.S. 
EPA, the Ohio EPA, and the USACE conducted the final inspection of the 
AIM Site. The Preliminary Close Out Report (PCOR) was issued in 1999. 
Since then two rounds of groundwater sampling have been completed, the 
groundwater monitoring wells have been properly abandoned, and two post 
excavation sampling events for Sycamore Ditch have confirmed that no 
contamination above clean-up levels has been left on or off the site. A 
Final Close-out Report was issued in March 2001.

Response Actions

     The RD/RA Work Plan was approved by the U.S. EPA on July 
14, 1999.
     The Notice of Authorization to Proceed with RA was issued 
on July 14, 1999.
     The Pre-Construction Inspection Meeting was conducted on 
August 18, 1999.
     The RA construction commenced on Monday, August 30, 1999.
     The AIM Site was cleared of all trees and the cleared 
trees were disposed of in accordance with State of Ohio requirements.
     The drums left on-site by previous contractors, were 
cleaned, crushed, and disposed of along with the demolition debris.
     The office, smelter, and saw building were decontaminated, 
demolished and hauled to a U.S. EPA-approved landfill.
     All equipment, including the flat-bed trailers and a 500 
gallon tank were demolished and disposed of along with the demolition 
debris from the buildings.
     No underground storage tanks were found on-site.
     Post-Excavation Confirmatory Soil Sampling was conducted 
to confirm that all soils with lead contamination above

[[Page 34852]]

400 parts per million, had been excavated and removed from the AIM 
Site.
     About 200 cubic yards of lead-contaminated sediments in 
Sycamore Ditch were excavated, treated on-site, and disposed of in an 
off-site U.S. EPA-approved landfill.
     Over 30,000 tons of treated battery casing chips, treated 
lead-contaminated soils, and construction debris were hauled off-site 
to a U.S. EPA-approved landfill.
     All areas disturbed during the RA were backfilled with 
clean backfill and a minimum of 6 inches of topsoil was placed over the 
backfill.
     The Site was regraded to promote positive drainage and 
prevent ponding of water.
     EPA, and the UACE conducted site inspections on August 18, 
1999, September 22, 1999, October 20, 1999, and November 17, 1999.
     Air and groundwater monitoring were performed during the 
RA.
     The access road (Pop Rite Lane) to the AIM Site was 
resurfaced after completion of the AIM Site RA. The private road was 
used by contractor trucks to transport and dispose of the battery 
casing chips, contaminated soils, demolition debris, as well as to haul 
backfill to the AIM Site.
     Restrictive covenants that would limit land or water use 
will not need to be executed since the RA resulted in a clean up that 
allows unlimited use and unrestricted exposure. Cleanup Standards
    A clean closure was implemented at the AIM Site. No hazardous 
substances remain on the AIM Site which present a health risk.

Five-Year Review--If Applicable

    The selected RA utilized permanent solutions and considered the use 
of alternative treatment technologies to the maximum extent 
practicable. There is no health risk from remaining exposure to lead 
and therefore, the use of the AIM Site is not restricted. Consequently, 
a five-year review will not be required in accordance with section 121 
of CERCLA.

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 Ohio, has determined that 
all appropriate responses under CERCLA have been completed, and that no 
further response actions, under CERCLA, are necessary. Therefore, EPA 
is deleting the AIM Site from the NPL.
    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 31, 2001 unless 
EPA receives adverse comments by August 1, 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 20, 2001.
David A. Ullrich,
Acting Regional Administrator, Region V.

    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: 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 
entry for ``Arcanum Iron & Metal, Darke County, OH.''

[FR Doc. 01-16287 Filed 6-29-01; 8:45 am]
BILLING CODE 6560-50-P