[Federal Register Volume 66, Number 173 (Thursday, September 6, 2001)]
[Rules and Regulations]
[Pages 46533-46536]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22368]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7050-6]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Alsco Anaconda Superfund 
Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA), Region V is 
publishing a direct final notice of deletion of the Alsco Anaconda, 
Superfund Site (Site), located in Gnadenhutten, Ohio, 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 Ohio, through the Ohio Environmental 
Protection Agency, because EPA has determined that all appropriate 
response actions under CERCLA have been completed and, therefore, 
further remedial action pursuant to CERCLA is not necessary at this 
time.

DATES: This direct final notice of deletion will be effective November 
5, 2001 unless EPA receives adverse comments by October 9, 2001. If 
adverse comments are received, EPA will publish a timely withdrawal of 
the direct final notice of deletion in the Federal Register informing 
the public that the deletion will not take effect.

ADDRESSES: Comments may be mailed to: Rosauro del Rosario, Remedial 
Project Manager (RPM) at (312) 886-6195, [email protected] or 
Gladys Beard, State NPL Deletion Process Manager at (312) 886-7253, 
[email protected], U.S. EPA Region V, 77 W. Jackson, Chicago, IL 
60604, (mail code: SR-6J) or at 1-800-621-8431.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: EPA Region V Library, 77 W. Jackson, Chicago, 
IL 60604, (312) 353-5821, Monday through Friday 8 a.m. to 4 p.m.; 
Gnadenhutten Public Library, P.O. Box 216, 160 N. Walnut St., 
Gnadenhutten, OH 44629, (704) 254-9224, Monday through Thursday 9 a.m. 
to 8 p.m., Friday and Saturday 9 a.m. to 5 p.m.; Ohio Environmental 
Protection Agency-Southeast District Office, 2195 Front Street, Logan, 
Ohio 43138, (740) 385-8501, Monday through Friday, 8 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Rosauro del Rosario, Remedial Project 
Manager at (312) 886-6195, [email protected] or Gladys Beard, 
State NPL Deletion Process Manager at (312) 886-7253, 
[email protected] or 1-800-621-8431, (SR-6J), U.S. EPA Region V, 77 
W. Jackson, Chicago, IL 60604.

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 V is publishing this direct final notice of deletion of 
the Alsco Anaconda, 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 section 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 non-controversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective November 5, 2001 unless 
EPA receives adverse comments by October 9, 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

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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.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Alsco Anaconda Superfund Site 
and demonstrates how it meets the deletion criteria. Section V 
discusses EPA's action to delete the Site from the NPL unless adverse 
comments are received during the public comment period.

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) 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, 
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 this Site:
    (1) The EPA consulted with Ohio on the deletion of the Site from 
the NPL prior to developing this direct final notice of deletion.
    (2) Ohio concurred with deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final notice 
of deletion a notice of intent to delete is 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 a 
decision on the deletion based on 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 
this Site from the NPL:

Site Location

    The Alsco Anaconda Superfund Site is located approximately 50 miles 
south of Akron, Ohio within the Gnadenhutten village limits. 
Gnadenhutten, a community of about 1,300 residents, is located within 
Clay Township in Tuscarawas County, along the floodplain of the 
Tuscarawas River. The site boundaries are the Penn-Central Railroad 
right-of-way, the AmeriMark manufacturing site, Anaconda Drive (County 
Road 39), and the Tuscarawas River on the northwest, northeast, 
southeast, and southwest, respectively. The approximately 4.8 acre site 
includes four (4) source areas formerly known as the settling basin 
(consisting of the northern and southern impoundments), the sludge pit, 
and the wooded area. The general vicinity of the site can be described 
as rural, characterized by farmland and sparse population. The nearest 
residence is southeast of the main plant, approximately 1,000 feet from 
the former source areas. Groundwater from the Site flows to the 
southwest toward and into the Tuscarawas River, away from local 
municipal wells located approximately 0.5 miles upgradient of the Site.

Site History

    From, at least 1965 to 1978, the Site was used for the disposal of 
wastewater and wastewater treatment sludge that were generated by the 
production of aluminum products. These sludge met the RCRA definition 
of F019 hazardous wastes. The amount of sludge disposed was the 
equivalent of approximately 3,240 cubic square yards. The impoundments 
and sludge pit contained contaminants such as cyanide, chromium, 
polychorinated biphenyls (PCB)s, arsenic, cadmium, lead, mercury, and 
zinc. A wooded low-lying area near the Tuscarawas River received 
overflow from the impoundments. The wastewater was discharged to the 
river. After 1978, sludge was disposed of in an off-site facility, but 
the wastewater discharges continued to the impoundments.

Remedial Investigation and Feasibility Study (RI/FS)

    The EPA conducted a preliminary assessment of the Site in 1983 in 
an effort to identify and characterize the contamination. The results 
of the assessment indicated the Site posed potential threats to human 
health and the environment through dermal contact with or ingestion of 
contaminated soil, sediments, ground water, and surface water, as well 
as through inhalation of airborne contaminated-particulate matter. 
These preliminary studies led the Atlantic Richfield Company (ARCO), 
one of the Potentially Responsible Party's (PRP's), to initiate a 
Remedial Investigation/Feasibility Study (RI/FS) in 1985. The Site was 
eventually added to the final NPL list on June 10, 1986, 51 FR 21054.
    The Site was divided into two (2) operable units after EPA rejected 
the groundwater portion of Remedial Investigation Report prepared by 
ARCO in 1989. The 2 operable units have been designated as the Source 
Material Operable Unit (SMOU) and the Groundwater Operable Unit (GWOU).

[[Page 46535]]

Record of Decision Findings

    Records of Decisions (RODs) were issued for the SMOU and GWOU on 
September 8, 1989 and September 28, 1992, respectively. To implement 
the selected remedies under the RODs, U.S. EPA issued unilateral 
administrative orders (UAOs) to the PRPs ARCO and Harvard Industries on 
December 28, 1989 for the SMOU after negotiations failed. A UAO to 
conduct GWOU remedial activities outlined in the ROD was issued to ARCO 
in June 23, 1993.
    The remedial action objectives of the ROD for the SMOU were to 
excavate and treat address all contaminated waste sludges and 
underlying soils. The remedy selected to meet these objectives 
included; (1) excavation of contaminated soil with greater than 500 
parts per million (ppm) of polychlorinated biphenyls (PCBs) and 
transportation off-site to a facility permitted to incinerate PCB 
waste; (2) excavation of remaining sludge and underlying soil, which 
included sludge contaminated with less than 500 ppm of PCBs, to levels 
meeting RCRA clean closure requirements. The material would then be 
sent for treatment and disposal to a facility in compliance with the 
CERCLA off-site policy or to a reclamation/reuse facility; and (3) 
backfill selected areas, and recontour and vegetate any excavated or 
cleared areas; maintain the present security fence; and record the 
notice of the remedial action with the property deed.
    The selected remedy was designed to eliminate the principal threat 
posed by the Site by removing the contaminated materials, thereby 
reducing the potential for exposure to cyanide, PCBs, chromium, and the 
other contaminants detected in site sludge and soils. To achieve this, 
the ROD required that all sludges and underlying soils be removed to a 
depth that prevents the ingestion of or direct contact with waste 
having a cumulative Hazard Index (HI) value of one for noncarcinogens 
or having a 1 x 10-\6\ cumulative excess cancer risk for 
carcinogens. The ROD also required that all sludge and underlying spoil 
be removed such that further contamination to groundwater in excess of 
Maximum Contaminant Levels (MCLs) is prevented.
    The remedial action objectives of the ROD for the GWOU were to 
address the contaminated on- and off-property groundwater at the Site. 
The underlying premise was that the chosen remedy for the SMOU would 
result in clean closure of the Site by removing the source of 
groundwater contamination. The remedy selected to meet these objectives 
included; (1) natural flushing and attenuation of contaminants in the 
aquifer allowing groundwater to discharge to the Tuscarawas River; (2) 
sampling and laboratory analysis of the groundwater from monitoring 
wells; (3) installation of background wells; (4) institutional 
controls, including deed restrictions, that prevent installation of 
drinking water wells within the Site boundaries until remedial action 
levels for groundwater has been achieved; and (5) sampling of 
Tuscarawas River sediments and benthic organisms.

Characterization of Remaining Risk

    No additional response action(s) is required. Those areas 
associated with GWOU and SMOU have been adequately addressed by the 
response actions already taken. Alsco Anaconda meets all site 
completion requirements specified under OSWER Directive 9320.2-09A-P 
(Close Out Procedures for National Priorities List Sites). Current site 
conditions are protective of human health and the environment, both for 
the SMOU and the GWOU. Cleanup objectives set forth in the RODs for 
this site and in the UAOs have been achieved.

Response Actions

    The final SMOU RD Report (entitled SMOU Closure Project Manual) was 
submitted on July 31, 1991. The RA contract was awarded on November 22, 
1991. A final Remedial Action Plan, was submitted on February 28, 1992.
    The RA construction for the SMOU began on March 18, 1992. The RA 
activities included excavation of the waste sludge and affected 
underlying soil from the northern and southern impoundments and the 
sludge pit (this material did not contain PCBs at levels above 50ppm), 
conditioning the material, and transporting it off-site to the Peoria 
Disposal Company in Peoria, Illinois, a RCRA-permitted facility. 
Excavation of the ``hot'' PCB material (e.g., material containing 
greater than 500 ppm PCBs) from the wooded area was completed, and the 
material was transported to Aptus, Inc., in Coffeyville, Kansas, and 
incinerated. The remaining wooded area sludge with F019 wastes and PCBs 
at levels from 50 to 500 ppm, was sent to a RCRA/TSCA facility, the 
Chemical Waste Management Landfill in Model City, New York. Debris and 
non-hazardous materials were sent to the Suburban RDF Landfill in 
Brownsville, Ohio.
    During excavation, air quality was monitored and dust suppression 
measures were taken. Confirmation samples were also taken as work 
progressed to ensure that cleanup levels had been met. As areas were 
confirmed clean, backfilling and regrading of clean areas of the Site 
took place.
    In the course of conducting the remedial action, it was found that 
the extent of contamination was much greater than had been anticipated 
in the RI/F and ROD. Different contamination was found (e.g., material 
contaminated with volatile organic compounds, often referred to in site 
documents as ``black material,'' as well as buried drums). Excavation 
of contaminated materials continued until December 1992, at which point 
ARCO stopped work.
    The discovery of additional contamination described above resulted 
in ARCO conducting a Supplemental Investigation (SI) from September 
through November of 1993. Activities related to the SI included 
undertaking further characterization of the waste and conducting 
additional sampling of the drums uncovered and/or generated during the 
1992 remedial actions. Also, further studies as to the extent of the 
remaining risk from the residual contamination were conducted by ARCO 
from September 12 through November 13, 1993. The SI Report describing 
the study results was first presented to the Agencies on March 17, 
1994. With approval from EPA on how much additional excavation was 
required to meet risk based cleanup requirements, ARCO proceeded to 
complete the cleanup work by September 1995. These activities included 
excavation of three areas east of the SMOU, five within the SMOU, and 
much of the ARAN area. Additional backfilling and regrading of the Site 
also took place in 1995.
    In June 1996, an Explanation of Significant Differences (ESD) was 
issued by EPA, documenting the volume increases and discovery of 
``black material'' and buried drums.
    In September 1998, U.S. EPA approved ARCO's RA Implementation 
Report for the SMOU, first submitted in 1992 and subsequently modified 
over the intervening years, documenting that all remedial action 
activities associated with the SMOU had been completed.
    The RA for the GWOU could not begin until the contaminated source 
material had been removed since it was not practical to install wells 
which might need to be abandoned during the additional SMOU excavation 
activities. Monitoring well installation activities were conducted from 
August 21, 1995, through September 13, 1995. Activities involved in the 
GWOU RA included installation of 6 shallow and 5 intermediate depth 
monitoring wells, 2 shallow and 1 intermediate depth background wells, 
abandonment of 3 existing monitoring wells, establishment

[[Page 46536]]

of a bench mark to measure river levels, surveying of the well 
locations, and development of the wells.
    ARCO has conducted fifteen (15) rounds of groundwater surveys, 
overseen by EPA and OEPA. With the exception of cyanide and arsenic, 
contaminants of interest established for this site have been meeting 
their respective cleanup criteria since 1999. The last three rounds of 
monitoring (May, August, and October of 2000) indicated that cyanide 
and arsenic have now achieved cleanup goals.

Cleanup Standards

    In the ROD and UAO groundwater was to be monitored until cleanup 
standards were met. The cleanup standards were risk-based as follows: 
concentrations of site-related contaminants that also appear in 
background wells shall be reduced to their respective background 
concentrations, unless one of the following conditions results in a 
higher cleanup concentration. In no case shall contaminant 
concentrations be required to be reduced below background 
concentrations. Site-related contaminants with an existing MCL shall be 
reduced to a concentration at or below the MCL. Carcinogenic site-
related contaminants shall be reduced to levels that pose a cumulative 
carcinogenic risk of no greater than 1 x 10-6. 
Concentrations of noncarcinogenic site-related contaminants shall be 
reduced to levels that pose a cumulative HI no greater than one for any 
specific toxicological category.

Operation and Maintenance

    Operation and maintenance (O &M) plans developed and implemented 
for this site have been sufficient to maintain effectiveness of the 
remedy. The O & M work required for the Site consisted of maintaining 
the gate and fence which surrounds the Site in order to prevent 
unauthorized entry. Excavation and off-site disposal of site 
contaminants to levels that met RCRA clean closure requirements were 
completed in 1995, therefore, additional O & M measures were not 
needed. For the GWOU, O & M involved groundwater monitoring. Now that 
cleanup standards have been met, there is no further need to continue 
this work. In addition, institutional controls implemented for this 
site have prevented the potentially affected population from being 
exposed to hazards posed by the during Site remediation activities. Now 
that clean-up standards have been met these institutional controls are 
no longer necessary.

Five-Year Review

    A five-year review of the GWOU was conducted by Region 5 in the 
summer of 1997. The report recommended that groundwater monitoring 
continue until cleanup standards for all site related contaminants were 
met. Now that cleanup standards have been met, the need to conduct 
another five-year review, scheduled for 2002, is no longer necessary. 
The site is available for unlimited use and unrestriced exposure, 
therefore, another Five-Year review is no longer necessary.

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. Documents in the deletion docket which EPA relied on for 
recommendation of the deletion on this Site from the NPL are available 
to the public in the information repositories.

V. Deletion Action

    The EPA, with concurrence of the State of Ohio, has determined that 
all appropriate responses under CERCLA have been completed, and that no 
further response actions, under CERCLA are necessary. Therefore, EPA is 
deleting the Site from the NPL.
    Because EPA considers this action to be non-controversial and 
routine, EPA is taking it without prior publication. This action will 
be effective November 5, 2001 unless EPA receives adverse comments by 
October 9, 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 as appropriate 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: August 28, 2001.
Norman Niedergang,
Acting Regional Administrator, Region V.

    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 under Ohio ``OH'' 
by removing the entry for ``Alsco Anaconda'' and the city 
``Gnadenhutten.''

[FR Doc. 01-22368 Filed 9-5-01; 8:45 am]
BILLING CODE 6560-50-P