[Federal Register Volume 66, Number 152 (Tuesday, August 7, 2001)]
[Proposed Rules]
[Pages 41177-41179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-19752]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7026-8]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of Intent to Delete the Shenandoah Stables site from the
National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region 7 announces
the intent to delete the Shenandoah Stables site (the site) from the
National Priorities List (NPL) and requests public comment on this
proposed action. The NPL constitutes Appendix B of 40 CFR part 300
which is the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), which EPA promulgated pursuant to section 105
of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980, as amended. EPA and the State of
Missouri Department of Natural Resources (MDNR) have determined that
the remedial action for the site has been successfully executed.
DATES: Comments concerning the proposed deletion of this site from the
NPL may be submitted on or before September 6, 2001.
ADDRESSES: Comments may be mailed to Robert Feild, U.S. Environmental
Protection Agency, Region 7, 901 N. 5th Street, SUPR, Kansas City,
Kansas, 66101.
Informative Repositories: Comprehensive information on this site is
available through the Region 7 public docket which is available for
viewing by appointment only. Appointments for copies of the background
information from the Regional public docket should be directed to the
EPA Region 7 Docket office at the following address: Regional Records
Center, U.S. Environmental Protection Agency, Region 7, 901 N. 5th
Street, Kansas City, Kansas, 66101.
The deletion docket is also available for viewing at the following
location: City Hall, 500 Highway MM, Moscow Mills, Missouri 63362.
FOR FURTHER INFORMATION CONTACT: If additional information is needed,
please contact Robert Feild at (913) 551-7697 or e-mail at
Feild,[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 of Intended Site Deletion
I. Introduction
The EPA Region 7 announces its intent to delete the Shenandoah
Stables site in Lincoln County, Missouri, from the NPL and requests
public comment on this proposed action. The NPL constitutes Appendix B
of 40 CFR part 300 which is the NCP, which EPA promulgated pursuant to
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended. The EPA identifies
sites that appear to present a significant risk to public health,
welfare, or the environment and maintains the NPL as the list of these
sites. EPA and the MDNR have determined that the remedial action for
the site has been successfully executed.
The EPA will accept comments on the proposal to delete this site
for thirty (30) days after publication of this document in Federal
Register.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses the procedures EPA is using
for this action. Section IV discusses the Shenandoah Stables site and
explains how the site meets the deletion criteria.
II. NPL Deletion Criteria
Section 300.425(e)(1) of the NCP provides that releases may be
deleted from, or recategorized on, 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; or
(ii) All appropriate Fund-financed responses under CERCLA have 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, remedial measures are not appropriate.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the site above levels that allow
for unlimited use and unrestricted exposure, EPA's policy is that a
subsequent review of the site will be conducted at least every five
years after the initiation of the remedial action at the site to ensure
that the site remains protective of public health and the environment.
If new information becomes available which indicates a need for further
action, EPA may initiate additional remedial actions. Whenever there is
a significant release from a deleted site from the NPL, the site may be
restored to the NPL, without application of the Hazard Ranking System.
III. Deletion Procedures
The following procedures were used for the intended deletion of
this site:
(1) All appropriate response under CERCLA has been implemented, and
no further action by EPA is appropriate;
(2) The State of Missouri has concurred with the proposed deletion
decision;
(3) A notice has been published in the local newspapers 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 Notice of Intent to Delete; and
(4) All relevant documents have been made available in the local
site information repository.
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 informational purposes and to assist EPA management. As
mentioned in section II of this notice, 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. For deletion of this site,
EPA's Regional Office will accept and evaluate public comments on EPA's
Notice of Intent to Delete before making a final decision to delete. If
necessary, the Agency will prepare a Responsiveness Summary to address
any significant public comments received.
A deletion occurs when the Regional Administrator places a final
notice in the Federal Register. Generally, the NPL will reflect
deletions in the final update following the Notice. Public notices and
copies of the Responsiveness Summary will be made available to local
residents by the Regional Office.
[[Page 41178]]
IV. Basis of Intended Site Deletion
The following site summary provides the EPA's rationale for the
proposal to delete this site from the NPL.
Site Background and History
The Shenandoah Stables facility is located in a rural area along
highway US-61 near Moscow Mills, Lincoln County, Missouri,
approximately 35 miles northwest of St. Louis, Missouri. The property
lies on the upper flood plain terrace of Crooked Creek in a primarily
agricultural area. There are a number of single family residences, a
livestock operation and other small businesses on approximately 5- to
10-acre parcels around the facility. The predominant land use is
pasture land which is primarily vegetated with fescue.
During the early 1970's, activities at Shenandoah Stables included
the boarding, training and sale of horses, and the staging of horse
shows. Children periodically played in the arena building. Historical
records indicate that the indoor arena was sprayed with 1,500 gallons
of dioxin-contaminated waste oil to control dust on May 26, 1971.
Following the spraying of contaminated waste oil, a number of adverse
effects were observed in horses, other animals, and in humans. In
August of 1971, the facility owner reportedly removed 6 to 8 inches of
the contaminated arena soil from the indoor arena. This material was
used as fill for a portion of U.S. Highway 61 adjacent to the
Shenandoah Stables property, which was under construction at the time.
Potentially contaminated materials placed in the road embankment of
U.S. Highway 61 comprise a separate site not included in the NPL site
boundary \1\. Horses continued to die after this initial excavation. In
March 1972, an additional 18 inches of materials were reportedly
removed by the site owner from the arena area and buried in a slough
area about 75 feet southeast of the arena structure.
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\1\ The Shenandoah Stables site, site/spill number 0740, CERCLIS
ID number MOD980685838 identifies the site appearing on the National
Priorities List. The Shenandoah Stables Highway 61 Fill Area, site/
spill number 0741, CERCLIS ID number MOD980685846 is not included in
the NPL listing.
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Investigation into the disposal practices of a southwestern
Missouri chemical manufacturing facility led EPA to the Bliss Waste Oil
Company and subsequently to a number of sites that had potentially been
sprayed with dioxin-contaminated waste oil for dust control, including
the Shenandoah Stables site. Initial sampling of the site in May 1982
showed 2,3,7,8-tetrachlorodibenzo-p-dioxin (dioxin) levels as high as
1,750 parts per billion (ppb). In 1984, an article was published by a
toxicologist with the Centers for Disease Control, Center for
Environmental Health (CDC), recommending 1 ppb as a level of concern
for dioxin in residential soils. In January 1987, EPA proposed clean-up
levels to the CDC for the excavation of the eastern Missouri dioxin
sites, including Shenandoah Stables. The CDC concurred with EPA's
proposed clean-up levels.
The Shenandoah Stables Site was proposed for the NPL on December
30, 1982, and finalized on the NPL September 8, 1983.
Response Actions
A Record of Decision (ROD) for excavation and interim storage of
contaminated soils at the Shenandoah Stables site was issued by EPA on
July 28, 1988. Implementation of this remedial action was completed in
May 1989. A total of 6,418 tons of dioxin-contaminated materials
resulting from soil excavation and arena building decontamination were
containerized in bulk solids storage sacks and placed inside wood-
framed, steel sided storage structures constructed on site pending
final management. Ambient air monitoring was performed during all
phases of earth-disturbing activities to assure that implementation of
the remedial action did not result in a further release of contaminated
materials.
On August 24, 1990, the EPA released the Proposed Plan for Final
Management of Dioxin-Contaminated Soil, Shenandoah Stables, Moscow
Mills, Missouri. This Proposed Plan presented the EPA's preferred
remedy involving transportation of dioxin-contaminated materials
currently in storage at the Shenandoah Stables site to the Times Beach
site for thermal treatment using the temporary thermal treatment unit,
consistent with the September 29, 1988, Times Beach Record of Decision.
A ROD was signed for the Shenandoah Stables site on September 28, 1990,
that selected off-site thermal treatment of dioxin-contaminated
materials at Times Beach as a component of the remedy.
On December 31, 1990, a Consent Decree was entered in the Eastern
District of Missouri between EPA, the State, and the primary
potentially responsible party (PRP) group. The Consent Decree provided
for a mixed work settlement that required each party to undertake
certain tasks. Generally, EPA was responsible for excavation and
transportation of dioxin-contaminated soils from 26 other eastern
Missouri dioxin sites, including Shenandoah Stables, to Times Beach for
incineration. The settling defendants were responsible for construction
of a temporary incinerator at Times Beach and incineration of dioxin-
contaminated materials from the 27 sites (including Shenandoah
Stables).
Implementation of activities at Times Beach, including mobilization
and operation of the temporary incinerator, was performed by the
settling defendants in accordance with the December 1990 Consent
Decree. The settling defendants awarded a contract for the temporary
incinerator in February 1992. Initial testing of the incinerator was
performed in December 1995. Full-scale operation of the incinerator
commenced on March 17, 1996, and was completed June 16, 1997. A total
of 265,354 tons of dioxin-contaminated materials from the 27 eastern
Missouri dioxin sites was treated and disposed at Times Beach. A
Certification of Completion for the Shenandoah Stables site was issued
to the settling defendants by EPA on August 15, 1997, in accordance
with provisions of the 1990 Consent Decree.
Dioxin-contaminated materials from the Shenandoah Stables site were
transported to Times Beach by an EPA contractor from August 26, 1996,
through October 1, 1996. Additional soil sampling was performed at the
Shenandoah Stables site concurrent with the final remedial action. As a
result of this sampling, an additional 34 tons of contaminated soil
were excavated and transported to Times Beach for treatment during the
final remedial action. A total of 6,452 tons of dioxin-contaminated
materials from the Shenandoah Stables site was transported to Times
Beach for incineration. Ambient air monitoring was conducted during
excavation and transportation activities.
Following removal of contaminated materials from interim storage,
the three storage buildings were decontaminated by pressure washing and
sampled. The storage structures were left on site and abandoned as
excess government property. Site restoration at Shenandoah Stables was
completed following decontamination of the storage structures in
October 1996.
Clean-up Standards
The 1988 ROD for this site established criteria for the removal of
soils and other materials contaminated with dioxin (2,3,7,8-
tetrachlorodibenzo-p-dioxin) from this site. In areas outside the
arena, excavation continued until a residual concentration of less than
1
[[Page 41179]]
ppb was reached in the upper 12 inches of soil, or until a residual
level of less than 10 ppb was reached at a depth greater than 12
inches. In the arena and slough area, excavation continued until a
residual concentration of less than 1 ppb was reached in the upper 2
feet of soil, or until a concentration of less than 10 ppb was reached
at depths greater than 2 feet. The criteria also provided for a maximum
depth of excavation of four feet, or upon encountering bedrock,
although these criteria were never applied, since residual dioxin
concentrations meeting the previous criteria were achieved prior to
reaching this depth or bedrock. During this remedial action,
decontamination of the arena building was performed to meet criteria of
less than 0.4 pg/cm2 recommended by the Missouri Department of Health
(MDOH) and the Agency for Toxic Substances and Disease Registry
(ATSDR).
Operation and Maintenance
The remedial response at the site was successful in removing
dioxin-contaminated materials exceeding health-based levels for
unrestricted use within the boundaries of the NPL site. No operation
and maintenance activities are necessary to maintain the continued
effectiveness of the remedy.
Five-Year Review
Hazardous substances do not remain at the site above health-based
levels following completion of the remedial action. Pursuant to CERCLA
Section 121(c) and as provided in the Office of Solid Waste and
Emergency Response (OSWER) Directive 9355.7-02, Structure and
Components of Five-Year Reviews, May 23, 1991, and OSWER Directive
9355.702A, Supplemental Five-Year Review Guidance, July 26, 1994, EPA
is not required to conduct a statutory five-year review for this site.
No five-year reviews will be conducted.
Community Involvement
An opportunity for public comment was provided by EPA prior to the
excavation and interim storage of dioxin-contaminated soils. A Proposed
Plan was released for public comment from June 28, 1988, through July
11, 1988. The Proposed Plan, Operable Unit Feasibility Study, and other
documents in the administrative record were made available for public
viewing at a local document repository.
The public was first invited to comment on the concept of a
comprehensive solution for all of the eastern Missouri dioxin sites at
a September 5, 1986, public meeting for the Minker/Stout/Romaine Creek
feasibility study. At that meeting, it was announced that the State of
Missouri had recommended evaluation of Times Beach as a location for
siting a temporary thermal treatment unit and that EPA was evaluating
this possibility. At that meeting, EPA announced that a feasibility
study would be prepared and released for public comment to evaluate
Times Beach as a potential location for centralized thermal treatment
of designated eastern Missouri dioxin sites.
The Times Beach Feasibility Study was released for public comment
from December 29, 1986, through March 27, 1987. A public meeting was
held on February 12, 1987, to discuss alternatives evaluated in the
study and to present the Agency's proposed remedy.
The Proposed Plan for Times Beach and the Minker/Stout/Romaine
Creek sites was released February 19, 1988. A public comment period was
held from February 19 through March 18, 1988, and a public meeting was
held in Eureka, Missouri, March 10, 1988. On September 29, 1988, a ROD
was signed by the Assistant Administrator, OSWER, that provided for a
temporary incinerator to be located at Times Beach for the treatment of
dioxin-contaminated materials from the Times Beach and the Minker/
Stout/Romaine Creek sites. The ROD further provided that the temporary
incinerator would be available to treat dioxin-contaminated materials
from the other eastern Missouri sites.
A public meeting to discuss the Shenandoah Stables Proposed Plan
for final management of dioxin-contaminated materials was conducted on
September 19, 1990, at the Moscow Mills Community Center. Public
comments were accepted by the Agency through September 24, 1990. A
Responsiveness Summary was prepared which addressed comments received
concerning the Shenandoah Stables Proposed Plan.
Applicable Deletion Criteria
One of the three criteria for site deletion specifies that EPA may
delete a site from the NPL if ``all appropriate Fund-financed response
under CERCLA has been implemented, and no further response action by
responsible parties is appropriate.'' 40 CFR 300.425(e)(1)(ii). The
EPA, with the concurrence of the State of Missouri through the MDNR,
believes that this criterion for deletion has been met. Subsequently,
EPA is proposing deletion of this site from the NPL. Documents
supporting this action are available from the docket.
State Concurrence
In a letter dated July 30, 2001, the MDNR concurs with the proposed
deletion of the Shenandoah Stables Superfund site from the NPL.
Dated: July 30, 2001.
William W. Rice,
Acting Regional Administrator U.S. EPA Region 7.
[FR Doc. 01-19752 Filed 8-6-01; 8:45 am]
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