[Federal Register Volume 67, Number 177 (Thursday, September 12, 2002)]
[Rules and Regulations]
[Pages 57753-57758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-22981]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7373-8]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Republic Steel Quarry 
Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is 
publishing a direct final notice of deletion of the Republic Steel 
Quarry Superfund Site (Site), located in Elyria, 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 notice of 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 deletion will be effective November 12, 2002, 
unless EPA receives adverse comments by October 15, 2002. 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: Sheila Sullivan, Remedial Project 
Manager (RPM) (SR-6J), ([email protected]) U.S. EPA Region 5, 77 
W. Jackson Blvd., Chicago, IL, USA 60604-3590, (mail code: SR-6J) or at 
(312) 886-5251 or 1-800-621-8431 Monday through Friday 9 a.m. to 4 p.m.
    Information Repositories: Comprehensive information about the Site 
and the site deletion docket are available for viewing and copying at 
the Site information repositories located at: 1. EPA Region 5 
Administrative Records, 77 West Jackson Blvd., Seventh Floor, Chicago, 
IL, USA 60604-3590, (312) 886-0900, Monday through Friday 8 a.m. to 4 
p.m.; 2. Elyria Public Library, 320 Washington Ave., Elyria, OH 44035, 
(440) 323-5747, Monday through Thursday 9 a.m. to 8:30 p.m., Friday 
through Saturday 9 a.m. to 5:30 p.m., Sunday 1 to 4 p.m.; 3. Ohio 
Environmental Protection Agency--Northeast District Office, 2110 E. 
Aurora Road, Twinsburg, OH 44087, (330) 963-1200, Monday through Friday 
8 a.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Sheila Sullivan, Remedial Project 
Manager at (312) 886-5251, [email protected] or Gladys Beard, 
State NPL Deletion Process Manager at (312) 886-7253, 
[email protected], or 1-800-621-8431, U.S. EPA Region 5 (SR-6J), 77 
W. Jackson Blvd., Chicago, IL, USA, 60604-3590, Monday through Friday 9 
a.m. to 4 p.m.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria

[[Page 57754]]

III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 5 is publishing this direct final notice of deletion of 
the Republic Steel Quarry 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 proceeding without prior publication of a notice of 
intent to delete. This action will become effective November 12, 2002, 
unless EPA receives adverse comments by October 15, 2002, 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 notice of 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.
    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 Republic Steel Quarry 
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 sites 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 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 the Site:
    (1) The EPA consulted with the State of Ohio on the deletion of the 
Site from the NPL prior to developing this direct final notice of 
deletion.
    (2) The State of 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, published today in the 
``Proposed Rules'' section of the Federal Register, is also 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 prepared a site deletion docket which contain copies of 
documents supporting the deletion. The site deletion docket has been 
placed 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 the 
Site from the NPL:

Site Location

    The Republic Steel Quarry (RSQ) Site is located in the City of 
Elyria, Ohio, and is situated east of West River Road and west of the 
west branch of the Black River. The City of Elyria is located southwest 
of Cleveland in Lorain County in northeastern Ohio, and can be found on 
the Grafton USGS quadrangle map in Township 6 North, Range 17 West. The 
Site consists of a four-acre water-filled quarry that is surrounded by 
seven acres of densely vegetated land. A fence now surrounds the Site 
perimeter. The water depth of the quarry is approximately 60 feet and 
the sides of the quarry rise to about 25 feet above the water surface. 
The quarry walls are formed by Berea Sandstone at and below the quarry 
water level. Above the Berea Sandstone, the walls consists of large 
vertically stacked sandstone blocks that were used as retaining walls 
during quarrying operations. Water from the quarry discharges via an 
outlet directly into the Black River.

Site History

    The RSQ Site was operated as a sandstone quarry during an unknown 
period of time prior to 1950. From 1950 to 1975, the Republic Steel 
Corporation discharged about 200,000 gallons per day of waste pickle 
liquor and rinse water from steel pickling operations to the quarry. 
The waste pickle liquor, consisting largely of sulfuric acid and 
dissolved metal oxides, was pumped through an aboveground pipe to a 
ditch which flows into the quarry. Republic Steel Corporation was later 
acquired by LTV Steel Corporation, which is presently operating the 
steel plant south of the quarry. In 1976, the discharge ditch leading 
to the quarry was dammed. The City of Elyria purchased the quarry and 
the seven surrounding acres of land from Republic Steel Corporation in 
1977, with the intention of establishing a municipal park on the 
property in the future. In 1983, a site investigation by the U.S. EPA 
Field Investigation Team (FIT) detected heavy

[[Page 57755]]

metals in the groundwater. The Site was subsequently proposed for the 
National Priorities List (NPL). Both the City of Elyria and LTV Steel 
Corporation challenged the Site's placement on the NPL, which was 
finalized in 1986 and later upheld by the court in 1990. A Remedial 
Investigation (RI), conducted between 1987 and 1988, indicated that 
onsite soils were contaminated. To a lesser degree, the groundwater, 
quarry sediments and surface water, and potentially fish tissue had 
also been impacted. A Record of Decision (ROD) memorializing the 
selected remedial action (RA) for the Site was issued in September 
1988. The ROD determined that the focus of the RA would be the 
excavation and disposal of contaminated soil. In addition to the soil 
removal, the ROD called for further studies of fish tissue and 
groundwater, which were to be addressed in a Supplemental Investigation 
for the Site. Both components of the RA were completed in 1990. In 
1993, EPA entered into a settlement with LTV Steel in bankruptcy court. 
The U.S. EPA settled with the City of Elyria in 1993.

Remedial Investigation and Feasibility Study (RI/FS)

    The RI revealed that all contamination caused by Republic Steel's 
disposal practices was limited to quarry sediments, the pickle liquor 
discharge ditch and several soil locations around the quarry's edge. As 
part of the RI, a baseline risk assessment was performed in which human 
health risks were evaluated with respect to carcinogenic and 
noncarcinogenic risk under various current and future exposure 
scenarios. The risks were driven by carcinogenic polynuclear aromatic 
hydrocarbons (cPAHs) and heavy metals--the major Site contaminants. 
Both the quarry and the Black River, which borders the Site on the 
east, are used for recreational purposes such as swimming and fishing. 
Drinking water is currently supplied to surrounding residents via the 
City of Elyria municipal water supply system.
    A Feasibility Study (FS) typically succeeds the RI and is conducted 
to determine the best approach to cleaning up a site using nine 
specific criteria. An FS was not conducted for this Site because the 
contaminants exceeding risk-based action levels in the soils were 
limited in volume and distribution to specific areas or hotspots. The 
contaminated sediments are confined to the quarry bottom and are not 
readily accessible to humans, except via the fish consumption pathway. 
In addition, the groundwater was not being used as a potable water 
source.

Record of Decision

    The ROD was issued in September 1988 and prescribed the excavation 
and removal of 100 cubic yards of combined sediment and soils exceeding 
an Action Level of 300 ppb for cPAHs. These soils were primarily 
located in the pickle liquor discharge ditch and the boat ramp areas 
around the southern edge of the quarry. The quarry and the surrounding 
land were to be fenced. The ROD also specified that a fish species 
survey, fish tissue bioassays and groundwater resampling be conducted 
during a Supplemental Investigation in order to recalculate the risks 
using actual fish tissue data and more recent groundwater data. Since 
groundwater at the time was not used as a potable water supply, nor was 
it expected to be used in the future, the ROD did not include 
groundwater treatment. The contaminated quarry sediments were to be 
left in place since they lay below the mixing zone and fish were not 
likely to come in contact with them. U.S. EPA further concluded that 
quarry remediation would likely entrain contaminated sediments in the 
water, thereby increasing the likelihood of exposure to the 
contaminants by fish. Humans consuming the fish would also be subject 
to increased risk.

Characterization of Risk

    As part of RI process, a baseline risk assessment was conducted for 
the Site. The assessment considered all exposures likely to result from 
current and future uses of the Site. For current uses, such as 
trespassing, recreational fishing and swimming, one exposure scenario--
the ingestion of fish from the quarry, produced significant 
carcinogenic and noncarcinogenic risks. Significant carcinogenic and 
noncarcinogenic risks are respectively defined as an upper bound excess 
lifetime cancer risk exceeding 1 x 10 -6 and a Hazard Index 
(HI) exceeding one. The maximum carcinogenic risks were driven by the 
potential uptake of cPAHs and mercury from the quarry sediment to fish 
tissue. These risks were determined to be nearly four times greater, or 
4 x 10 -6, than the above-stated thresholds for significant 
carcinogenic risk.
    Under future use conditions, the RI baseline risk assessment of 
residential exposures resulted in an upper bound excess lifetime cancer 
risk greater than 1 x 10 -6. This risk was driven by direct 
contact and incidental ingestion of soil and groundwater. With regard 
to the groundwater ingestion pathway, the maximum carcinogenic and 
noncarcinogenic respective risks, 3 x 10 -5 and an HI 
exceeding one, were based on the detection of methylene chloride and 
acetone in groundwater during the RI; however, a second sampling did 
not confirm their presence. These chemicals were assumed to be present 
for the purposes of producing a protective baseline risk assessment. 
The conflicting results necessitated a third sampling event which 
failed to detect and confirm the presence of these chemicals.

Response Actions

    The Remedial Action (RA) was completed by U.S. EPA in 1990 and was 
implemented in two phases. The first phase focused on resolving the 
risk issues concerning groundwater and fish tissue that were raised 
during the RI baseline risk assessment. This involved determining the 
requirements for the upcoming fish/biota species survey and fish tissue 
bioassays, and additional groundwater monitoring for the Supplemental 
Investigation. The second phase involved addressing the contaminated 
soil and sediments.
    Obtaining data for the first phase was critical because time 
constraints had prevented the collection and analysis of actual fish 
tissue samples during the RI itself. Instead, the fish tissue 
concentrations had to be estimated using a conservative sediment to 
fish tissue model that incorporated quarry sediment data collected 
during the RI. According to the exposure conditions in the baseline 
risk assessment, if the Site were not remediated, then fish caught and 
consumed on a regular basis from the quarry would pose an unacceptable 
noncarcinogenic risk to humans due to the levels of cPAHs and mercury. 
This risk needed to be verified using actual fish tissue samples. The 
tissue samples and fish species survey were further warranted because 
the Ambient Water Quality Criteria (AWQC), which are used to define 
risk-based acceptable surface water concentrations for the protection 
of aquatic organisms, were exceeded for mercury, manganese and copper 
in the quarry water. The subsequent 1990 Supplemental Investigation 
risk recalculation found that the previous assumptions made during the 
modeling of mercury and cPAHs concentrations in fish tissue, in lieu of 
actual data, were too conservative and unreliable. The recalculated 
maximum carcinogenic and noncarcinogenic risks to humans from 
consumption of fish tissue were based on the more recent fish tissue 
data obtained during the Supplemental Investigation. These risks, which 
were respectively revised to an upper bound excess lifetime risk of 6 x 
10 -7 and a

[[Page 57756]]

HI of one, fall within the acceptable risk range. Because the risk 
recalculations performed during the Supplemental Investigation 
confirmed that no unacceptable risks were posed to humans consuming 
fish from either the quarry or the Black River, U.S. EPA did not 
recommend to the Ohio Department of Health that a fish advisory be 
issued.
    The additional groundwater monitoring was performed because 
beryllium and bis(2-ethylhexyl)phthalate had been reassigned higher 
cancer potency factors by U.S.EPA since the completion of the RI 
baseline risk assessment. During the Supplemental Investigation, the 
risks from groundwater were recalculated using the semi-volatile and 
inorganic contaminants previously identified in the RI, but omitted the 
two unconfirmed chemicals, methylene chloride and acetone. The 
carcinogenic and noncarcinogenic groundwater risks respectively 
increased to 3 x 10 -4 and exceeded one for the HI, due to 
the higher cancer potency factor assigned to beryllium and the 
inclusion of bis(2-ethylhexyl)phthalate as a groundwater contaminant in 
the recalculation. There are currently no users of groundwater at the 
Site or within at least one-half mile of the Site, hence there was no 
imminent risk presented to humans at the time from groundwater. 
Further, the groundwater is not expected to be used as a potable water 
source in the future because in-place deed restrictions prohibit the 
use of the groundwater on the property. This is detailed in the 
``Operations and Maintenance'' section of this notice.
    U.S. EPA performed the second phase of the RA addressing 
contaminated soil and sediments after the potentially responsible 
parties declined to perform the cleanup. U.S. EPA's Technical 
Assistance Team delineated the extent of soil contamination in 1989. 
The affected areas involved soils from the pickle liquor discharge 
drainage ditch and the boat launch areas at the southern edge of the 
quarry. In February 1990, 150 cubic yards of material were removed from 
these identified hotspots. In June 1990, an additional 40 cubic yards 
of soil from the pickle liquor ditch were removed after confirmatory 
sampling indicated that the RA cleanup goal of 300 ppb for cPAHs had 
not been achieved. The soils were to be disposed of offsite according 
to Resource Conservation and Recovery Act Land Disposal Restrictions 
(57 FR 2676). Although not specified in the ROD, the quarry and the 
surrounding land were to be fenced.

Cleanup Standards

    The cleanup standards used in the 1988 ROD were determined by risk-
based chemical-specific legally applicable or relevant and appropriate 
requirements (ARARs). The ROD established that the cleanup should 
primarily focus on soils. The soil removal criterion designated that 
all soils for which the sum of the four cPAHs, i.e., 
benzo(a)anthracene, chrysene, benzo(b)fluoranthene and 
benzo(k)fluoranthene, exceeded 300 ppb--the Action Level for cPAHs, 
should be removed. This Action Level was based on a 1 x 10 
-6 excess lifetime cancer risk from incidental ingestion and 
skin contact exposure to soil. Since the Supplemental Investigation 
risk recalculation of 1990, the toxicity criteria for cPAHs have been 
revised to less stringent values. Therefore, the excess lifetime cancer 
risk from exposure to cPAHs in the soils is below 1 x 10 -6 
and is considered to be within the acceptable risk range. Acceptable 
groundwater concentrations were defined by the primary and secondary 
drinking water standards or maximum contaminant levels (MCLs). At the 
time of the RI and Supplemental Investigation, the mean and maximum 
concentrations of beryllium and iron exceeded their respective MCLs. 
Also, the mean and maximum concentrations of manganese and phenol 
exceeded Ohio Water Quality Standards. Since there has been no human 
exposure to groundwater, nor are future exposures anticipated, these 
contaminant levels are not considered hazardous to human health. The 
AWQC were used to define acceptable surface water concentrations for 
the protection of aquatic organisms in the quarry and the Black River. 
The average and maximum concentrations of manganese and mercury 
exceeded the AWQC for the consumption of fish, however mercury was not 
detected in the surface water samples. Finally, risk-based criteria for 
the evaluation of sediment contaminants were developed by modeling the 
sediment to fish tissue uptake of quarry contaminants. Mercury 
concentrations were calculated using a conservative sediment/water 
partitioning mode, hence contaminant concentrations in the water column 
were expected to be less than the predicted values.

Operation and Maintenance

    The RSQ Site is currently owned and maintained by the City of 
Elyria. An existing state-superfund contract with the Ohio EPA 
indicates that Ohio EPA will assure all future Operation and 
Maintenance (O&M) of the RA for the expected life of the actions. To 
date, it has not been necessary for the Ohio EPA to directly undertake 
O&M activity at the RSQ Site because the City of Elyria has assumed 
this responsibility. The State will be responsible for O&M in any 
subsequent phase, if necessary. Since issuing the first Five-Year 
Review for the Site on September 28, 1998, the U.S. EPA and the Ohio 
EPA have determined that while the 1988 ROD has been protective and 
minimal exposure to remaining Site contaminants has occurred, the 
remedy needs to be expanded to include institutional control measures 
at the Site. The Ohio EPA further supported the application of 
enforceable institutional controls in order to facilitate its future 
O&M responsibilities at the Site. In September 2001, U.S. EPA issued an 
Explanation of Significant Differences (ESD) to the ROD which 
memorialized the addition of institutional controls and deed 
restrictions to the RA. Since becoming part of the RA, the 
implementation of the institutional controls and restrictions is also 
subject to O&M. As the local authority and Site owner, the City of 
Elyria will continue to assume responsibility for the observance of the 
institutional controls and deed restrictions. The City's commitment to 
observe and implement the institutional controls and deed restrictions 
is memorialized in documents which are located in the two Site 
information repositories and the Site Administrative Record.

Five-Year Review

    From 1997 to 1998, the first statutory Five-Year Review was 
conducted by EPA at the Site because concentrations of contaminants 
exceeding health-based levels remained in the deep quarry sediments. 
The findings of the Five-Year Review investigation, which involved 
sampling of all Site media, provided the basis for recommending 
significant changes to the ROD. The results of the investigation 
indicated that while the Site has no formal use, trespassing is well 
established. The fence would normally limit access, however, frequent 
vandalism has reduced its effectiveness. The Five-Year Review risk 
recalculation indicated that no unacceptable onsite or offsite risks 
are posed to casual trespassers. This finding is consistent with the 
results of the 1990 Supplemental Investigation risk recalculation. 
Thus, while cPAH concentrations in onsite soil exceed the ROD-
designated Action Level of 300 ppb in certain areas of the Site 
enclosed by the fence, the revised toxicity criteria for cPAHs indicate 
that the soil concentrations of cPAHs pose less

[[Page 57757]]

carcinogenic risk than previously thought.
    Under current Site conditions, the maximum carcinogenic risk 
estimate for a trespasser exposed to on-site soils is 2 x 10 
7-6. This risk was driven by the potential for ingestion of 
arsenic which was detected during the investigation, in the on-site 
soil at lower than background soil concentrations. Regular or habitual 
use of the quarry via swimming or fish consumption may present 
unacceptable noncarcinogenic risks. The potential risks from the quarry 
water are attributable to the presence of iron and manganese near the 
bottom of the 60-foot water column. It was assumed that exposure to 
these contaminants via swimming is negligible since swimmers are 
unlikely to frequent the deep water. The potential noncarcinogenic risk 
due to quarry fish consumption is driven by mercury in fish tissue.
    Under future recreational and residential use, the groundwater 
consumption and soil ingestion pathways would each pose unacceptable 
risks. Future park patrons (children) would be at risk from soil 
ingestion due to arsenic and iron concentrations. Iron toxicity was not 
assessed in the previous risk calculations because no toxicity criteria 
were available at the time and iron is an essential human nutrient. The 
noncarcinogenic risks attributable to the groundwater ingestion pathway 
are due to antimony, iron, thallium, manganese and arsenic. Antimony, 
iron, manganese and thallium exceeded their respective MCLs in two of 
the monitoring wells. Arsenic and beryllium presented an unacceptable 
cumulative carcinogenic risk via the ingestion pathway; however, 
individually these contaminants did not exceed their respective MCLs. 
Bis(2-ethylhexyl phthalate, a contaminant previously evaluated in the 
Supplemental Investigation, was not included in the Five-Year Review 
risk recalculation because it was not detected above its MCL. The Five-
Year Review investigation confirmed the 1990 Supplemental Investigation 
conclusion that groundwater must not be made available as a potable 
water source since this would present a risk to any and all users.
    The Five-Year Review ecological risk assessment determined that the 
Black River, including the region located near the quarry discharge 
outfall, has not been impacted by the RSQ Site and the Ohio Water 
Quality Standards are being met. This finding applies to surface water, 
sediment, and aquatic organisms, including fish and aquatic receptors, 
such as piscivorus birds and terrestrial organisms inhabiting the 
vicinity of the Black River. The benthic organisms inhabiting the 
quarry sediments are currently subject to adverse impacts from the 
sediment contaminants, however, these impacts would be intensified by 
sediment remediation due to the unavoidable resuspension of 
contaminants.
    The recommendations of the Five-Year Review for limiting or 
preventing such exposures included restoring the fence to functional 
condition, posting warning signs, and conducting monthly inspections of 
the fence, with increased vigilance in warm weather, to detect and 
repair vandalism to the fence and signs. The Review further recommended 
that groundwater monitoring be performed during future Five-Year 
Reviews to determine whether contaminant levels are increasing or 
decreasing in the groundwater with respect to the MCLs. However, since 
there are no current or anticipated future exposures to groundwater due 
to the availability of the Elyria municipal water supply, no human 
health risks are presented. The U.S. EPA recommended that the City of 
Elyria enact land use restrictions so that no residential development 
could occur and that the use of groundwater as a potable water source 
would be prohibited for current and future commercial/industrial or 
public purposes.
    In response to U.S. EPA's recommendation, the City of Elyria passed 
an emergency Resolution of Intent on November 1, 1999 to prohibit 
certain uses of the Site as a result of the Five-Year Review findings. 
In September 2001, U.S. EPA issued an ESD to the ROD which memorialized 
the addition of institutional controls and deed restrictions to the RA. 
The ESD specifically set forth the following eight conditions: (1) 
Restrict property use of the to H-I (Heavy Industrial) uses only; (2) 
prohibit the use of groundwater as a source of drinking water; (3) 
require the use of the City of Elyria municipal water supply as the 
source of potable water for any industrial or commercial development or 
public use; (4) post warning signs to keep off the quarry Site; (5) 
maintain the perimeter fence; (6) prohibit fishing, swimming and 
boating in the quarry; (7) prohibit public access or use of the quarry, 
its sediments and soil; and, (8) conduct and sufficiently inspect the 
Site to ensure that the previous controls are complied with.
    The City of Elyria enacted a Declaration of Restrictions for the 
RSQ Site on June 21, 2002, authorized by Elyria City Ordinance No. 
2002-119. The Declaration institutionalized the preceding eight 
conditions of the ESD and will run with the land, binding all current 
and future owners. Should a violation of the ordinance occur, the City 
will be able to take the appropriate enforcement action. U.S. EPA 
believes that the addition of institutional controls and deed 
restrictions will prevent or appropriately limit human contact with the 
Site, thereby enhancing the remedy's overall protectiveness. The next 
(second) Five-Year Review is scheduled for completion by September 30, 
2003. The second Five-Year Review investigation will include, but will 
not be limited to the collection and analysis of samples from the RSQ 
Site groundwater, soil, surface water and fish tissue. A Five-Year 
Review Report documenting the results of the remedy assessment will be 
made available in the Site information repositories after September 30, 
2003.

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 the 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, other than O&M and 
Five-Year Reviews, are necessary. Therefore, EPA is deleting the Site 
from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is proceeding without prior publication. This action will 
be effective November 12, 2002, unless EPA receives adverse comments by 
October 15, 2002. 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

[[Page 57758]]

requirements, Superfund, Water pollution control, Water supply.

    Dated: August 28, 2002.
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 site name ``Republic Steel Corp. Quarry'' and the city 
``Elyria''.

[FR Doc. 02-22981 Filed 9-11-02; 8:45 am]
BILLING CODE 6560-50-P