[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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