[Federal Register Volume 66, Number 176 (Tuesday, September 11, 2001)]
[Rules and Regulations]
[Pages 47093-47095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-22609]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7052-5]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final notice of deletion of the Farmers' Mutual 
Cooperative site from the National Priorities List (NPL).

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SUMMARY: The EPA, Region VII, is publishing a direct final notice of 
deletion of the Farmers' Mutual Cooperative site (site) located in 
Hospers, Iowa, from the 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 November 13, 2001 
unless EPA receives adverse comments by October 11, 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 Catherine Barrett, Remedial 
Project Manager, U.S. Environmental Protection Agency, Superfund 
Division, 901 North 5th Street, Kansas City, KS 66101.
    Information Repositories: Comprehensive information on the site is 
available for viewing in the Deletion Docket at the information 
repositories located at: U.S. EPA, Region VII, Superfund Division 
Records Center, 901 North 5th Street, Kansas City, KS 66101; and the 
Iowa Department of Natural Resources, Wallace State Office Building, 
900 East Grand, Des Moines, IA 50319.

FOR FURTHER INFORMATION CONTACT: Catherine Barrett, Remedial Project 
Manager, U.S. Environmental Protection Agency, Superfund Division, 901 
North 5th Street, Kansas City, KS 66101, fax (913) 551-7063 or 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 VII is publishing this direct final notice of 
deletion of the Farmers' Mutual Cooperative Superfund site 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 the 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 noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective November 13, 2001 
unless EPA receives adverse comments by October 11, 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.
    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 Farmers' Mutual Cooperative 
Superfund site and demonstrates how it meets the deletion criteria. 
Section V states EPA's action to delete the site from the NPL unless 
adverse comments are received during the 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 site 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 TrustFund) 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 remedy 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 site shall be restored to the NPL 
without the 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 Deletion Docket at 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

[[Page 47094]]

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 the site 
from the NPL does not in any way alterEPA'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 Intended Site Deletion

    The following information provides EPA's rationale for deleting the 
site from the NPL.

Site Location

    The Farmers' Mutual Cooperative site is located in Sioux County, 
Iowa, and is a six-acre site which lies several hundred feet east of 
the West Branch Floyd River in the northwestern corner of the city of 
Hospers.

Site History

    The Farmers' Mutual Cooperative is an agricultural supply and 
service business now operating under a different name. Bulk fertilizer 
and pesticides were handled at the site until 1992. The site continues 
to be used for grain storage. In 1984, the state found herbicides and 
carbon tetrachloride in water from three shallow municipal wells 
located adjacent to the site.The state first restricted, then 
prohibited, the use of these three wells. Investigations conducted by 
the Farmers' Mutual Cooperative found groundwater contamination in the 
relatively small area between the site and the West Branch Floyd River. 
The herbicide contamination was the result of incidental releases 
during normal operations throughout the site. The carbon tetrachloride 
contamination of groundwater was the result of previous on-site and 
off-site use of carbon tetrachloride for grain fumigation. A variety of 
herbicides have been detected in the site groundwater including 
alachlor, atrazine, cyanazine, metolachlor, metribuzin, and 
trifluralin. Atrazine had consistently been found in concentrations 
above the Maximum Contaminant Level(MCL). Carbon tetrachloride was also 
initially found in groundwater in concentrations above MCLs; however, 
by 1992, carbon tetrachloride contamination had declined substantially.

Remedial Investigation and Feasibility Study (RI/FS)

    In August 1986, the state of Iowa issued an Administrative Order 
requiring the Farmers' Mutual Cooperative to conduct a remedial 
investigation/feasibility study (RI/FS) to determine the nature and 
extent of contamination at the site and to identify alternatives for 
remedial action. In 1987, a Consent Order between the Farmers' Mutual 
Cooperative and the state of Iowa provided for groundwater 
investigations and completion of the RI/FS.
    A remedial investigation was begun by the Farmers' Mutual 
Cooperative in 1986 to include the installation and sampling of four 
monitoring wells, surface water sampling, and soil sampling at 
suspected contaminant source areas. In 1989, the investigation was 
expanded (Phase 2) to include installation of three additional 
monitoring wells, sampling of all monitoring wells and the shallow city 
wells, and an aquifer pumping test. Phase 3 of the investigation in 
1990 included installation of ten additional monitoring wells and the 
sampling of monitoring wells and the three shallow city wells. During 
1992, Phase 4 of the investigation included thirteen soil borings in an 
area identified as having high levels of herbicides in groundwater and 
the installation and sampling of four additional groundwater monitoring 
wells.
    The remedial investigation found that contaminants in the 
groundwater included volatile organic carbon compounds (VOCC) 
associated with grain fumigation (carbon tetrachloride and chloroform) 
and herbicides (alachlor, atrazine, cyanazine, metolacholor, 
metribuzin, and trifluralin). Carbon tetrachloride and atrazine were 
found in the groundwater at concentrations in excess of MCLs. Soil 
borings indicated that levels of contaminants in soil were not at a 
level which would require remediation.

Record of Decision Findings

    A Record of Decision (ROD) to select a remedial action for this 
site was written and signed on September 29, 1992. The remedial action 
recommended in the ROD was natural attenuation and groundwater and 
surface water monitoring, with a drinking water contingency. The 
groundwater monitoring and surface water monitoring were required to 
determine the effectiveness of natural attenuation. The groundwater and 
surface water monitoring included the monitoring of seven groundwater 
wells and the sampling of the adjacent surface water, the West Branch 
Floyd River, at upstream and downstream locations. The drinking water 
contingency provided that the drinking water standards (the MCLs) for 
contaminants associated with the site would be achieved in the city 
water supply, including the shallow wells, in order that the blending 
of shallow and deep well water might continue. Test pumping of the 
shallow aquifer as prescribed in the ROD for the drinking water 
contingency was conducted in 1993 and 1994 and demonstrated that the 
Superfund contaminants of concern (carbon tetrachloride and herbicides) 
generally existed at levels that would allow 50 percent blending of the 
shallow well water with the deep well water. However, nitrate (which is 
not a site-related contaminant of concern), present in groundwater 
because of the legal application of fertilizers, was found at 
concentrations that would limit blending. Because the nitrate 
concentration would limit the blending ratio, the city did not seek to 
implement a blending program, and the drinking water contingency was 
not considered further.

Characterization of Risk

    A baseline risk assessment was prepared by the IDNR and modified by 
EPA. Risks were identified for exposure to groundwater from city wells 
based on groundwater data collected, and the risk was largely due to 
carbon tetrachloride. There is currently no exposure to groundwater and 
concentrations of contaminants have been shown in sampling data to be 
below state action levels and MCLs.

Response Actions

    On September 28, 1995, the Farmers' Cooperative Elevator 
Association of Sheldon, Iowa, and IDNR entered into a Consent Order for 
the purpose of implementing the September 1992 ROD. The Consent Order 
required the Farmers' Cooperative Elevator Association to submit a 
monitoring plan for the groundwater monitoring and surface water 
monitoring required under the ROD. The purpose of the monitoring 
program was to track the magnitude and extent of agricultural chemicals 
and petroleum at the site and to determine the effectiveness of natural 
attenuation in reducing contaminant levels in groundwater.
    The Groundwater and Surface Water Monitoring Plan was prepared by 
the responsible party in 1995, approved by IDNR, and required 
monitoring semi-

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annually for the first year and annually thereafter to include: (1) The 
groundwater monitoring of seven groundwater monitoring wells; (2) the 
surface water monitoring of the West Branch Floyd River at upstream and 
downstream locations; and (3) depth-to-water measurements in 
groundwater monitoring wells.
    The award of the remedial action contract in 1995 provided for the 
initiation of the remedial action work by the responsible party. The 
responsible party conducted groundwater monitoring and surface water 
monitoring in January 1996, July 1996, November 1997, September 1998, 
September 1999, and October 2000 in accordance with the IDNR Consent 
Order.

Clean-Up Standards

    The site was considered to be cleaned up and all requirements of 
the IDNR Consent Order satisfied when the groundwater monitoring 
revealed no exceedance of MCLs, or state action levels, for CERCLA 
contaminants of concern for three consecutive groundwater sampling 
events at least six months apart. This condition of the Consent Order 
has been met and the clean-up standards have been shown to be achieved.

Operations and Maintenance

    The operation and maintenance and the groundwater and surface water 
monitoring at the site have been conducted by the responsible party in 
accordance with the IDNR Consent Order. The responsible party continues 
to own the property which is considered the site. In April 2000, IDNR 
agreed with the recommendation by the responsible party to discontinue 
groundwater monitoring for herbicides and abandon 12 groundwater 
monitoring wells. During October 2000, the abandonment of monitoring 
wells was conducted in accordance with Iowa Administrative Code 567, 
Chapter 39.

Five-Year Review

    A statutory Five-Year Review Report was completed on September 7, 
2000, pursuant to CERCLA 121 (c) and to Section 300.430(f)(4)(ii) of 
the National Oil and Hazardous Substances Contingency Plan (NCP). 
Contaminants of concern have been shown to be below drinking water 
standards. The remedy of natural attenuation has been shown to be 
effective. Due to the fact that CERCLA hazardous substances, 
pollutants, or contaminants no longer remain at the site above levels 
that allow for unrestricted use and unlimited exposure, another five-
year review report is not required. The remedy continues to be 
protective of human health and the environment.

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 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, 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 November 13, 2001 unless EPA receives adverse comments by 
October 11, 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 record keeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: August 30, 2001.

 William W. Rice,
Regional Administrator, U.S. EPA Region VII.

    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 Iowa by 
removing the site name ``Farmers' Mutual Cooperative'' and the city
    ``Hospers.''

[FR Doc. 01-22609 Filed 9-10-01; 8:45 am]
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