[Federal Register Volume 66, Number 136 (Monday, July 16, 2001)]
[Rules and Regulations]
[Pages 36946-36947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17557]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7007-1]


National Oil and Hazardous SubstancesPollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency (EPA).

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

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SUMMARY: EPA Region 4 announces the deletion of the Kentucky Red Penn 
Landfill Site (site) from the NPL and requests public comment on this 
action. The NPL constitutes appendix B to Part 300 of the National and 
Hazardous Substances Pollution Contingency Plan (NCP), which EPA 
promulgated pursuant to Section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA) as amended. 
The EPA has determined that the site poses no significant threat to 
public health or the environment, as defined by CERCLA, and therefore, 
no further remedial measures pursuant to CERCLA are warranted.

DATES: This ``direct final'' action will be effective on September 14, 
2001 unless EPA receives significant adverse or critical comments by 
August 15, 2001. If adverse 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 Femi Akindele, Project Manager, 
U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW., 
Atlanta, GA 30303, or by email to [email protected]. 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 4, 61 Forsyth Street, SW., 
Atlanta, GA 30303; and the South Oldham Library, 6720 W. Highway 146, 
Crestwood, Kentucky 40014, telephone number (270) 247-2911.

FOR FURTHER INFORMATION: Contact Femi Akindele, Project Manager, U.S. 
EPA Region 4, 61 Forsyth Street, SW., Atlanta, GA 30303, telephone 
(404) 562-8809, fax number(404) 562-8788, email address: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The U.S. EPA, Region 4, announces the deletion of the Red Penn 
Landfill Superfund Site, Oldham County, Kentucky, 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 for these 
sites. EPA has determined that the Red Penn Site does not pose a 
significant risk to human health or the environment. EPA will accept 
public comments for thirty days after publication of this notice in the 
Federal Register.
    Sections II and III of this notice describe the criteria for 
deleting sites from the NPL and the procedure used for the intended 
deletion of the Red Penn Site. Section IV summarizes the history of Red 
Penn and explains how the site meets EPA deletion criteria. Section V 
provides a summary statement on the current action of deleting the site 
from the NPL subject to any dissenting comments received during the 
comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that sites may be deleted 
from, or re-categorized 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 action required;
    (ii) All appropriate fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    (iii) Remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
no remedial measures are needed.
    In the case of the Red Penn Site, EPA's remedial investigation and 
subsequent groundwater monitoring conducted by the state indicated that 
the site did not pose a significant threat to public health or the 
environment, and, therefore, no Superfund remedial measures were 
justifiable. However, pursuant to State solid waste law, the landfill 
required proper closure to prevent deterioration and threat to human 
health and the environment. Therefore, the responsible parties 
implemented an appropriate response action by installing a landfill cap 
at the site under the State's authority and supervision. Nevertheless, 
EPA may initiate any necessary remedial action in the future if new 
information so indicates. In accordance with the NCP (40 CFR 
Sec. 300.425(e)(3)), whenever there is a significant release from a 
site deleted from the NPL, the site shall be restored to the NPL 
without 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 response under CERCLA has been implemented and 
no further action by EPA is appropriate; (2) The Commonwealth of 
Kentucky 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 public 
comment period on EPA's Direct Final Deletion; and, (4) All relevant 
documents have been made available for public review in the local site 
information repository. EPA is requesting only dissenting comments on 
this proposed action to delete.
    EPA's Regional Office will accept and evaluate public comments on 
EPA's Final Notice before making a final decision to delete. If 
necessary, EPA will prepare a Responsiveness Summary, responding to 
each significant comment submitted during the public comment period. If 
no dissenting comments are received, no further activities will be 
implemented and this ``direct final'' action will become effective. 
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 information purposes and to assist EPA 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.

IV. Basis for Intended Site Deletion

    The following site summary provides EPA's rationale for the 
proposal to

[[Page 36947]]

delete the Red Penn Landfill Site from the NPL.
    The Red Penn Landfill is located approximately 1.5 miles southeast 
of Pewee Valley in Oldham County, Kentucky. Shelby County lies to the 
east and southeast of the site, and Jefferson County lies to the south 
and southwest. Floyds Fork Creek bounds the property on the east and 
southeast sides while an unnamed creek tributary, which runs along 
Kentucky State Route 362, forms the southwest boundary. Hawley Gibson 
Road forms the northwest property boundary.
    The landfill was operated as an un-lined waste disposal facility 
between 1954 and late 1986. Although, the facility was permitted by the 
local authority to accept only sanitary waste, the operators allowed 
industrial wastes to be placed in the landfill. Paint waste, sludge, 
drawing solution from copper wire curing, and scrap varnish were some 
of the materials found in drums which were buried in the landfill. The 
Kentucky Division of Waste Management (KDWM) discovered that the 
landfill operator accepted un-authorized wastes which were potentially 
hazardous at the facility in 1986, and ordered that the wastes be 
removed and disposed of at appropriate locations. Approximately 154 
tons of hazardous materials and contaminated soil were removed under 
the order. Additional waste removal required of the operators were 
never conducted and when the facility was shut down by KDWM in 1987, 
for improper operations and violation of permit requirements, it was 
not properly closed.
    The site was scored by KDWM in 1987, after the results of a 
preliminary assessment and site investigation indicated that surface 
water and groundwater in the area could be affected adversely by the 
site. A major source of drinking water in the area is the Laurel 
aquifer which is exposed at the landfill and the Floyds Fork Creek is 
used locally for recreational fishing. On the basis of high hazard 
ranking system results, the site was listed on the NPL by EPA in 1989. 
Following the listing, a fund-lead remedial investigation was conducted 
on the site. After a careful evaluation of all exposure routes, 
estimated carcinogenic and non-carcinogenic health risks, and 
ecological impacts, EPA concluded in 1993, that the landfill does not 
pose an unacceptable risk to human health and the environment. However, 
because the landfill was not properly closed, EPA advised KDWM to ask 
the responsible parties to implement an appropriate corrective action 
at the site. As planned by EPA and KDWM, the Record of Decision 
indicating no further EPA action at the site was issued in September 
2000, to coincide with the completion of the necessary corrective 
action.
    The responsible parties submitted a draft scope of work for a 
landfill cap to KDWM in 1994. The proposal was finalized in 1998. KDWM 
and the responsible parties signed an Agreed Order in August 1999, 
requiring the responsible parties to design and install an approved cap 
on the landfill. The cap design included landfill regrading, 
installation of a geosynthetic clay liner and clean dirt, grass 
planting, and site monitoring. Construction of the cap was completed in 
September 2000, under KDWM supervision. The final inspection conducted 
by KDWM in October 2000, concluded that the corrective action 
implemented at the site was satisfactory.

V. Action

    In view of the satisfactory completion of the corrective action 
taken by the responsible parties at the Red Penn Site, EPA notified the 
Commonwealth of Kentucky on April 5, 2001, of the intent to delete the 
site from the NPL. In its letter of April 15, 2001, the Commonwealth 
concurred that no further CERCLA action is necessary at the site and 
that the deletion action is appropriate. The site does not pose a 
threat to human health and the environment and it continues to be 
monitored by the responsible parties under state authority. In the 
event of a significant future release of contamination that may impact 
human health or the environment, EPA may initiate appropriate CERCLA 
actions in accordance with the NCP.

VI. State Concurrence

    As stated above, the Commonwealth of Kentucky, in a letter dated 
April 15, 2001, concurred with EPA that the criteria for deletion of 
the NPL listing have been met. Therefore, EPA is deleting the Red Penn 
Landfill Site from the NPL, effective on June 29, 2001. However, if EPA 
receives dissenting comments by June 28, 2001, EPA will publish a 
document that withdraws this action.

List of Subjects in 40 CFR Part 300

    Environmental protection, Chemicals, Hazardous substances, 
Hazardous wastes, Intergovernmental relations, Penalties, Superfund, 
Water pollution control, Water supply.

    Dated: May 14, 2001.
A. Stanley Meiburg,
Acting Regional Administrator, U.S. EPA Region 4.

    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 
listing under Kentucky for the ``Red Penn Sanitation Co. Landfill''.
[FR Doc. 01-17557 Filed 7-13-01; 8:45 am]
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