[Federal Register Volume 66, Number 143 (Wednesday, July 25, 2001)]
[Rules and Regulations]
[Pages 38569-38571]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-18316]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7016-7]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Sheller-Globe 
Corporation Disposal Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 7 is 
publishing a direct final notice of deletion of the Sheller-Globe 
Corporation Disposal Superfund Site (Site), located near Keokuk, Iowa, 
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 Iowa, 
through the Iowa 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 September 24, 2001 
unless EPA receives adverse comments by August 24, 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: James Colbert, Remedial Project 
Manager (RPM) at U.S. EPA Region 7, Superfund Division, 901 N. 5th St., 
Kansas City, Kansas, 66101.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: U.S. EPA Region 7 Superfund Records Center, 
901 N. 5th Street, Kansas City, Kansas 66101 and the Keokuk Public 
Library, 201 N. 5th Street, Keokuk, Iowa 52632.

FOR FURTHER INFORMATION CONTACT: If additional information is needed, 
please contact James Colbert at (913) 551-7489 or e-mail at 
[email protected]. The EPA Region 7 toll-free phone number is 1-800-
223-0425.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The EPA Region 7 is publishing this direct final notice of deletion 
of the Sheller-Globe Corporation Disposal 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 September 24, 2001 unless EPA receives adverse comments by 
August 24, 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. 
The 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.

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 the state of Iowa on the deletion of the 
Site from the NPL prior to developing this direct final notice of 
deletion.
    (2) The state of Iowa 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 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

[[Page 38570]]

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 Sheller-Globe Corporation Disposal Superfund Site is located 
approximately four miles north of Keokuk, Iowa, and consists of a 
primary disposal area and a much smaller secondary disposal area 
referred to as the North Hill disposal area that was identified during 
the Remedial Investigation (RI). The primary disposal area covers 
approximately 6.6 acres and is bordered by Airport Road, 260th Street, 
and two nameless intermittent streams. The North Hill disposal area is 
located on a hillside east of 260th Street approximately one-quarter of 
a mile north of the intersection with Airport Road.

Site History

    From 1948 until 1972, waste materials were taken to the Sheller-
Globe Corporation Disposal Site from the former Sheller-Globe plant in 
Keokuk. The plant manufactured rubber products and automobile parts. 
Some waste material taken to the Site for disposal consisted of 
solvents and paint sludges. These sludges, along with other 
nonhazardous wastes brought to the Site, were periodically burned and 
the ash spread over the hillsides. Disposal at the Site was 
discontinued in 1972 and the area was covered with soil. A private home 
was subsequently constructed within the boundaries of the primary 
disposal area and was used as a residence until 1991.The Site was 
proposed for inclusion on the EPA's National Priorities List (NPL) on 
May 5, 1989, and inclusion was finalized on August 30, 1990. The NPL 
identifies sites that warrant further evaluation to determine the type 
of response that may be required to protect human health and the 
environment.

Remedial Investigation (RI)

    In October 1990, EPA and Sheller-Globe Corporation (Sheller-Globe) 
entered into an Administrative Order on Consent (AOC), Docket No. VII-
91-F-0003. The AOC required Sheller-Globe to conduct a Remedial 
Investigation/Feasibility Study (RI/FS) to determine the nature and 
extent of contamination at the Site and evaluate alternatives to 
address contamination at the Site. The July 1994 RI Report provided a 
summary of all analytical results. The analytical results of the 
samples were used to characterize the risk that the Site posed to human 
health and the environment.

Characterization of Risk

    The RI field activities included sampling of ash material, soil, 
surface water, sediment and groundwater. The July 1994 RI Report 
provided a summary of all analytical results. Using the data collected 
during the RI, the EPA prepared a Baseline Risk Assessment and an 
Ecological Assessment to characterize the risk that the Site posed to 
human health and the environment. Work conducted as part of the RI and 
the human health and ecological risk assessments indicated metals 
(barium, cadmium, lead, zinc, copper, chromium, and selenium) found in 
the ash material were at concentrations greater than the background 
soil concentrations. The metals in the ash material was considered to 
be the primary source of contamination at the Site.

Feasibility Study (FS)

    The February 1995 FS Report evaluated the remedial alternatives and 
provided the basis for EPA's preferred alternative as presented in the 
July 1995 Proposed Plan. The RI Report, FS Report, and Proposed Plan 
were made available for public comment from August 1, 1995, to August 
31, 1995.

Record of Decision Findings

    The September 1995 Record of Decision (ROD) documents the remedial 
alternative selected by EPA to address the potential exposure to soils 
and ash material at the Site. The selected remedy addressed the threat 
posed by the contaminants within the primary disposal area of the Site 
and required the following actions:
     Record restrictive covenants/deed restrictions with the 
Lee County Recorder's office to prohibit the disturbance of the surface 
or subsurface of the property and limit land use to nonresidential. 
This also provides notice to potential future property owners of 
previous environmental response activities that have occurred at the 
Site;
     Demolish the house and shed located on site to prevent it 
from being used. Place the demolition debris in the basement of the 
house;
     Remove all drums exposed at the ground surface (the drums 
were determined to be empty or filled with nonhazardous material). 
Place the drums in the basement of the house;
     Construct a soil and vegetation cover over the exposed ash 
and over the basement of the house; and
     Inspect and maintain the soil covers.

Response Actions

    A Consent Decree, Civil Action No. 8-98-CV-90150, was negotiated 
and executed by the United Technologies Automotive Systems, Inc. 
(UTAS), Miriam and David B. Grimes (the property owners), and the 
United States of America. The Consent Decree was lodged with the U.S. 
District Court for the Southern District of Iowa on September 25, 1998, 
and subsequently entered by the Court on March 3, 1999. The remedial 
action that was selected in the ROD was conducted by United 
Technologies Automotive Systems, Inc. (formerly Sheller-Globe 
Corporation) and their technical contractors (URS Greiner Woodward 
Clyde and WRS Infrastructure and Environment), in accordance with the 
April 1999 Remedial Design/Remedial Action (RD/RA) Work Plan and is 
documented in the May 2000 Remedial Action (RA) Report. The RA Report 
was approved by EPA on September 25, 2000.

Clean-Up Standards

    The field work associated with the remedial action was conducted 
between November 1, 1999, and November 11, 1999. A backhoe was used to 
demolish the house and shed, the basement floor slab was broken up in 
place, and all the debris from the house and shed (as well as the empty 
drums and miscellaneous debris) was placed within the basement of the 
house. An initial layer of clay was placed over the debris prior to 
placement of a non-woven geotechnical filter fabric over the limits of 
the house. Three 8-inch thick lifts of clay were placed over the filter 
fabric and then a 12-inch layer of topsoil was spread over the clay. 
Each lift of clay and topsoil were compacted and sloped to 
specifications. The four areas of exposed ash that were identified 
during the RI/FS were also covered with at least one foot of topsoil. 
The house area, the four ash areas, the shed area, and drum divots were 
seeded and erosion control mats were spread and staked over the

[[Page 38571]]

completed soil areas. The EPA conducted a pre-certification inspection 
on November 8, 1999. In an April 21, 2000, letter to UTAS, the EPA 
indicated that the RA Report adequately demonstrated completion of the 
outstanding items noted during the pre-certification inspection and 
that the remedial action had been performed in accordance with the 
Consent Decree and RA Report on May 22, 2000. The RA Report was 
approved by EPA on September 25, 2000. Land use restrictions are a 
component of the remedy described in the ROD. In accordance with the 
Consent Decree, the property shall not be used for residential purposes 
and there shall be no disturbance of the surface or subsurface of the 
land. The Environmental Protection Declaration of Restrictive Covenants 
describes the land-use restrictions associated with the property and 
sets forth the procedures to enforce said restrictions. On September 
12, 2000, this document was recorded at the Recorder's Office of Lee 
County, state of Iowa.
    In September 1989, the Sheller-Globe Corporation Disposal Site 
(referred to as the Grimes Property Site) was listed on the state of 
Iowa's Registry of Confirmed Hazardous Waste or Hazardous Substance 
Disposal Sites. Inclusion on this registry provides that written 
approval by the Director of the Iowa Department of Natural Resources is 
necessary prior to substantially changing the manner in which the Site 
is used or selling, conveying, or transferring title of the Site.

Inspection and Maintenance

    Routine field inspections by representatives of UTAS are planned to 
assure the integrity of the soil and vegetative covers. Inspections are 
scheduled for two times a year (spring and fall) for the first three 
years (2000, 2001, and 2002) and annually (fall) thereafter for an 
additional two years (2003 and 2004). The need to continue the 
inspection/maintenance program will be reassessed following the 2004 
inspection. On behalf of UTAS, URS Greiner Woodward Clyde has conducted 
two post-remedial action inspections, in April 2000 and September 2000. 
These inspections verified that the ground surface has not been 
disturbed and the property remains vacant. In April 2000, the 
recommended maintenance actions included additional seeding and 
placement of erosion control material in limited areas. In September 
2000, the Site inspection indicated that the soil and vegetative cover 
were in satisfactory condition and, therefore, repair and maintenance 
activities were not necessary. Future inspection and maintenance 
activities will be conducted and the five-year review process is in 
place to assure that the remedial action remains protective of human 
health and the environment.

Five-Year Review

    Section 121 (c) of CERCLA, as amended, and Sec. 300.430(f)(4)(ii) 
of the National Oil and Hazardous Substances Pollution Contingency Plan 
require that periodic reviews (at least once every five years) be 
conducted for sites where hazardous substances, pollutants, or 
contaminants remain at the site above levels that allow for unlimited 
use or unrestricted exposure following the completion of all remedial 
actions for the site. This type of five-year review is referred to as a 
statutory review. The five year timetable typically begins with 
mobilization of contractors to start remedial action construction. For 
the Sheller-Globe Corporation Disposal Site, the first five-year review 
is scheduled for November 2004.

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. A Community Relations Plan was prepared for the Site in 
1989. An information repository was established for the Site at the 
Keokuk Public Library. The RI Report, FS Report, and Proposed Plan were 
made available for public comment from August 1, 1995, to August 31, 
1995. Fact sheets providing site updates were distributed to 
individuals on the mailing list as established by the Community 
Relations Plan. Documents 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 Iowa, has determined that 
all appropriate responses under CERCLA have been completed, and that no 
further response actions, under CERCLA, other than inspection and 
maintenance and 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 September 24, 2001 unless 
EPA receives adverse comments by August 24, 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: July 12, 2001.
William W. Rice,
Acting Regional Administrator, Region 7.

    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 
site for ``Sheller-Globe Corp. Disposal, Keokuk, IA.''

[FR Doc. 01-18316 Filed 7-24-01; 8:45 am]
BILLING CODE 6560-50-P