[Federal Register Volume 66, Number 151 (Monday, August 6, 2001)]
[Rules and Regulations]
[Pages 40912-40915]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19318]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7023-5]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Kem-Pest Laboratories 
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 Kem-Pest 
Laboratories Superfund Site, located in Cape Girardeau County, 
Missouri, 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 Missouri, through the Missouri Department of Natural Resources 
(MDNR), 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 October 5, 2001, 
unless EPA receives adverse comments by September 5, 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: Victor A. Lyke, Remedial Project 
Manager at U.S. EPA, Region 7, Superfund Division, 901 N. 5th Street, 
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 
SuperfundRecords Center, 901 N. 5th Street, Kansas City, Kansas, 66101 
and Cape Girardeau Public Library, 711 N. Clark Street, Cape Girardeau, 
Missouri, 63701

FOR FURTHER INFORMATION CONTACT: If additional information is needed, 
please contact Victor A. Lyke at (913) 551-7256 or email at 
[email protected].

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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

    EPA, Region 7 is publishing this direct final notice of deletion of 
the Kem-Pest Laboratories 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 20, 2001, 
unless EPA receives adverse comments by August 20, 2001. 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.

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 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 Missouri on the deletion of 
the Site from the NPL prior to developing this direct final notice of 
deletion.
    (2) The state of Missouri 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 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 Kem-Pest Laboratories Superfund Site is located in Cape 
Girardeau County, Missouri, approximately three miles northeast of the 
city of Cape Girardeau and east of Missouri State Highway 177 in the 
southwest part of section 22, Township 31 north, Range 14 East. The 
Mississippi River is located approximately 1,000 feet south of the 
Site.
    The 6.5 acre Site is located in a rural setting, and once housed a 
40 x 100 foot concrete cinder block formulation building on the 
northeast portion of the Site. The building was located 900 feet north 
of the Mississippi River and was demolished in 1996. A two celled 
lagoon was located approximately 40 feet southwest of the building.

Site History

    The Kem-Pest Laboratories plant was constructed in 1964. From 1965 
to 1977, the company formulated various pesticide products including 
liquid pesticides, granular insecticides and herbicides, and pesticide 
dust. Wastes generated from the formulation processes contained several 
pesticides including aldrin, dieldrin, endrin, and heptachlor. The 
plant wastes were disposed of in the on-site lagoon. There have been no 
production or disposal activities at the Site since 1977. The lagoon 
was backfilled with clay by the owner in 1981.
    A preliminary assessment of the Site was conducted by the EPA in 
September 1981. In April 1984, EPA installed five on-site groundwater 
monitoring wells and collected groundwater, soil, and sediment samples. 
Pesticides, volatile organic compounds (VOCs), and semi-volatile 
organic compounds were detected in the soil, sediment, and groundwater 
samples. The Kem-Pest Site was proposed for the National Priorities 
List (NPL) in January 1987 (52 FR 2492). The NPL designation became 
final in October 1989 (54 FR 41000). The NPL identifies sites that 
warrant further evaluation to determine the type of responses that may 
be required to protect human health and the environment.

Remedial Investigations (RI)

    In February 1989, EPA initiated a Remedial Investigation (RI), 
which included collection of soil and sediment

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samples, installation of six monitoring wells down-gradient of the Site 
and a background well up-gradient of the Site, and collection of 
groundwater samples from on-site and off-site monitoring wells and two 
nearby private wells. Based on the soil, sediment, and groundwater 
samples collected, remediation alternatives were developed and 
evaluated and can be found in the Remedial Investigation/Feasibility 
Study (Operable Unit 1), dated August 1989. Further remedial 
investigation results can be found in the Remedial Investigation Report 
(Operable Unit 2), dated November 1990. These reports provide a summary 
of analytical results that were used to characterize the risk that this 
Site posed to human health and the environment.

Characterization of Risk

    The RI field activities included sampling for potential exposure to 
pesticide contamination in the formulation building. Using the data 
collected during the RI, the EPA prepared a Baseline Risk Assessment to 
characterize the risk that the Site posed to human health and the 
environment. The only pathway considered to be complete under current 
or future land use conditions was future use of the building. An 
industry occupying the Site in the future might use the formulation 
building, and workers might be exposed to chemicals in the building 
through direct contact with contaminated surfaces and through 
inhalation. Wipe samples were collected as part of the RI and the human 
health assessment was conducted for the following chemicals at the 
surface of the formulation building: aldrin, chlordane, DDT, dieldrin, 
and heptachlor. These chemicals were found present on wipe samples at 
levels to 140 times for each individual chemical. These chemicals were 
considered to be the primary source of contamination for the 
formulation building.
    The RI report also concluded that removal of the primary source of 
contamination to groundwater at the on-site lagoon (via soil 
excavation), including the removal of the lagoon, would eliminate the 
risk posed by ingestion by residents. No Ecological Assessment was 
prepared since no known critical habitats, sensitive environments, or 
endangered species were affected by contamination in the groundwater.

Feasibility Study (FS)

    The Feasibility Study Report, dated August 1989, evaluated the 
remedial alternatives and provided the bases for EPA's preferred 
alternative. In November 1990, Addendum I and II to the Phase I RI 
report, The Formulation Building Operable Unit Feasibility Study 
report, and the Proposed Plan were made available to the public in the 
administrative record file located at the Cape Girardeau Public 
Library. The start of the public comment period was November 27, 1990.

Record of Decision Findings

    The September 1989 (OU1) and December 1990 (OU2) Records of 
Decision (RODs) document the remedial alternatives selected by EPA to 
address the potential exposure to soil, sediment, and groundwater 
contamination at the Site. The selected remedies addressed the threat 
posed by the pesticides, volatile organic compounds (VOCs), and semi-
volatile organic compounds at the Site and required the following 
actions:
     Lagoon
    1. Excavation of 4,050 cubic yards* of contaminated soil and 
sediment; and
    2. Disposal at an offsite land disposal facility in compliance with 
the requirements of Subtitle C of the Resource Conservation and 
Recovery Act(RCRA) and other applicable laws or regulations.
     Groundwater:
    1. No remedial action. Monitoring will be conducted to verify that 
no unacceptable exposure to risks posed by conditions at the Site occur 
in the future.
    2. Wells to be monitored include existing monitoring wells, and 
additional wells to be installed during remedial design, and private 
drinking water wells located off of the Site.
     Formulation Building**
    1. Decontamination by surface layer removal and off-site 
incineration of decontamination and dismantling debris.
    2. Institutional controls that limit future use of the build to 
commercial or industrial activities.
    *An explanation of significant differences (ESD) was written to set 
the actual cubic yards of land disposed to 6,479.7.
    **The December 1990 ROD was amended on February 2, 1993, to allow 
for the complete demolition of the formulation building with off-site 
disposal of the demolition debris material; and the establishment of 
institutional controls that limit future use of the property to 
commercial or industrial activities. However, because of the completion 
of the cleanup, no institutional controls to limit land use were 
necessary.

Response Actions

    Pursuant to an Administrative Order on Consent entered into by EPA 
and the property owners (Charles and Ruth Knote) in November 1988, the 
owners conducted limited sampling in December 1988. However, in 
February 1989, EPA initiated a RI, which included collection of soil 
and sediment samples, installation of six monitoring wells down-
gradient of the Site and the background well up-gradient of the Site, 
and collection of groundwater samples from on-site and off-site 
monitoring wells and two nearby private wells.
    In February 1993, the EPA amended the ROD for OU 2 based on 
information collected during the design phase, and decided to demolish 
and dispose of the formulation building. The EPA immediately initiated 
construction activities to remove the formulation building, but these 
actions were halted as a result of litigation between the property 
owner and the United States. The litigation was settled in 1995, and 
the construction activities for OU2 were completed in 1996. Further 
information related to the Remedial Design/Remedial Action activities 
can be found in the Remedial Action Report for Operable Unit 1, dated 
September 1993 and the Remedial Action Report for Operable Unit 2, 
dated September 1997.

Cleanup Standards

    In March 1992, EPA initiated remedial clean-up action of the soils 
and sediment operable unit. Remedial action was complete in May 1992. 
The selected remedy for OU1 included the excavation and off-site 
disposal of 6,479.7 cubic yards of contaminated soils and sediment and 
their transportation to Peoria Disposal Company, Peoria, Illinois, a 
RCRA approved commercial hazardous waste landfill.
    The soil and sediment with contaminant concentrations above 
protective soil concentrations were excavated using conventional 
earthmoving equipment. Soil and sediment lifts were initially taken in 
one and two foot increments. Soil sampling was then conducted to 
confirm whether the horizontal and vertical extent of excavation was 
sufficient to remove contamination above cleanup levels. This process 
was repeated until clean up levels were achieved. Clean soil was then 
backfilled into the excavated areas, compacted and graded. Vegetation 
and gravel was then placed onsite to minimize erosion. The RA Report 
approved by EPA on September 30, 1993, concluded that no further action 
was required for OU1 dealing with the soils and sediment. The cleanup 
standards that governed the remedial action for OU2 included the 
hazardous debris rule (57 FR 37194) for

[[Page 40915]]

decontamination of the former pesticide formulation building, and risk-
based cleanup goals for arsenic and selected pesticides in soil, 
established by EPA. The hazardous debris rule requires porous surfaces, 
like the concrete block walls and the concrete floor of the building to 
be decontaminated by removing at least 0.6 centimeters (cm) (or 
approximately \1/4\'') of material from the surface and inspecting the 
decontaminated surface to ensure they are visibly clean and that no 
more than 5% of each square inch of surface area remains visibly 
contaminated. Removal of all building structures was required to a 
maximum of 3 feet below the existing grade. The hazardous debris rule 
decontamination for the Site was expanded to include all building 
structures, and the building basement. Following decontamination, the 
former pesticide formulation building and basement were demolished. 
Decontaminated debris, which met the hazardous debris rule criteria, 
was segregated and transported to a solid waste landfill. Debris which 
did not meet the hazardous debris rule decontamination criteria was 
sent to a RCRA permitted hazardous waste incinerator. The demolition of 
the building, including its basement, was completed in August 1, 1996. 
Backfilling in the building footprint was completed on August 29, 1996, 
after analytical results showed that cleanup goals were met at the 
former building location. The December 1990 OU2 ROD directed that five 
years of groundwater monitoring be conducted at the Site to assure 
continued protectiveness of the remedy. Five years of monitoring of 
this Site have been completed and no significant concerns have been 
discovered with regard to the groundwater. Further information related 
to the Remedial Action activities can be found in Remedial Action 
Report for Operable Unit 2, dated September 1997. There are no land use 
restrictions for the Site. Neither is it on Missouri's Registry of 
Confirmed, Abandoned, or Uncontrolled Hazardous Waste Sites in 
Missouri.

Inspection and Maintenance

OU1
    The pre-final inspection included a full system walk-through 
witnessed by representatives from EPA, the U.S. Army Corps of Engineers 
(USACE) and MDNR on June 16, 1992 and minor deficiencies were noted. 
These were corrected. Final acceptance of completion of the work was 
certified by the USACE, and the remedy was deemed operational and 
functional on September 4, 1992. After that date, EPA determined that 
no further action was required.
OU2
    On September 17, 1996, EPA conducted along with MDNR, the final 
inspection at the location of the formulation building to ensure that 
deficiencies noted during the substantial completion inspection were 
corrected. EPA concluded that the deficiencies had been corrected. On 
December 2-3, 1996, MDNR visited the Site to inspect the vegetative 
cover. MDNR noted deficiencies in the amount of vegetative cover. The 
Site owner corrected these deficiencies by reseeding in early March 
1997. EPA and MDNR again visited the Site on April 16-17, 1997 to 
inspect the vegetative cover; no deficiencies were noted. In addition, 
groundwater sampling results from the groundwater monitoring indicate 
no significant concerns in regard to the groundwater. As a result, EPA, 
at the request of MDNR, abandoned the monitoring wells at the Site on 
June 13, 2001.

Five-Year Review

    Section 121(c) of CERCLA, as amended, and Section 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. Since the monitoring wells have been abandoned, and 
the remains of the building and contaminated soil have been disposed 
of, there will be no need for a five-year review.

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 
January 24, 1989. An information repository was established for the 
Site at the Cape Girardeau Public Library. The Addendum I and II to the 
Phase I RI report, TheFormulation Building Operable Unit Feasibility 
Study report, and the Proposed Plan were made available for public 
comment November 27, 1995 to December 27, 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 Missouri, has determined 
that all appropriate responses under CERCLA have been completed, and 
that no further response actions, under CERCLA, other than Inspection 
and Maintenance of the vegetative cover, is 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 20, 2001, unless 
EPA receives adverse comments by August 20, 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. 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 24, 2001.
William Rice,
Region 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 name, Kem-Pest Laboratories, Cape Girardeau, Missouri.

[FR Doc. 01-19318 Filed 8-3-01; 8:45 am]
BILLING CODE 6560-50-P