[Federal Register Volume 69, Number 34 (Friday, February 20, 2004)]
[Rules and Regulations]
[Pages 7873-7876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-3599]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7625-1]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Wheeler Pit 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 Wheeler Pit, 
Superfund Site (Site), located in Janesville, Wisconsin, 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 Wisconsin, through the Wisconsin 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 necessary at this 
time.

DATES: This direct final notice of deletion will be effective April 20, 
2004 unless EPA receives adverse comments by March 22, 2004. 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: Comments may be mailed to: Darryl Owens, Remedial 
Project Manager (RPM) at (312) 886-7089, [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.; Hedberg Public Library, 316 S. Main 
Street, Janesville, Wisconsin 53545, Monday through Friday 9 a.m. to 9 
p.m., Saturday 9 a.m. to 5 p.m. and Sunday 1 p.m to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Darryl Owens, Remedial Project Manager 
at (312) 886-7089, [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 Wheeler Pit, 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 non-controversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective April 20, 2004 unless 
EPA receives adverse comments by March 22, 2004 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. 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 Wheeler Pit 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

[[Page 7874]]

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 Wisconsin on the deletion of the Site 
from the NPL prior to developing this direct final notice of deletion.
    (2) Wisconsin 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 Site is located in rural La Prairie Township approximately 1\1/
2\ miles east of the City of Janesville, Wisconsin, directly northwest 
of the intersection of County Highway O (Old Delevan Road) and County 
Highway J. The Site is within a physical depression approximately 50 
feet deep and spanning an area of approximately 35 acres, which 
previously operated as a sand and gravel pit by the Southeast Railway 
Company and the Chicago, Milwaukee, St. Paul, and Pacific Railroad 
Company (CMC). In 1956, General Motors Corporation (GM) leased a 
portion of the pit area from the railroad for waste disposal. This 
portion of the pit area is the Wheeler Pit Superfund Site and is a 3.82 
acre parcel in the southeast portion of Wheeler Pit which was used as a 
disposal area for industrial wastes for approximately 18 years.

Site History

    The Wheeler pit property was purchased in 1900 by the Janesville 
and southeastern Railway Company, predecessor in interest to the 
Chicago, Milwaukee, St. Paul and Pacific Railroad, which filed for 
bankruptcy in the 1970s. Upon completion of the bankruptcy proceedings, 
CMC Real Estate Corporation, successor to the Railroad, acquired 
ownership of the property on which the site is located. In early 1990, 
CMC Real Estate Corporation reformed to become CMC corporation. In the 
1990s CMC was the owner of the property on which the site is located. 
The Wheeler Pit property was originally bought to provide sand and 
gravel for the Railroad. It has been reported that the Railroad also 
used Wheeler Pit for refuse disposal.
    In, 1956, General Motors Corporation (GM) leased a 3.82 acre 
portion of the pit from the Railroad as a general waste disposal site. 
From 1956 to 1960, GM disposed of general refuse at the Site. From 1960 
through 1974, GM disposed of paint spray booth sludges, residue from 
the part hanger stripping system, clarifier sludges and powerhouse coal 
ashes from its automobile assembly plant in Janesville. The disposal 
site was reported to be approximately 400 feet long, 250 feet wide and 
8 feet deep. An estimated 22.3 million gallons of organic and inorganic 
sludges were disposed of at the site, as reported by GM to the EPA in 
GM's Notification of Hazardous Waste Site form submitted in June 1981.
    At the site, waste was disposed of by depositing it within a diked 
area and allowing it to spread freely. The material was quite dense, so 
that compaction equipment was not used. The waste was deposited in 
layers, alternating between layers of sludge and layers of coal ash. 
Trucks were then able to drive over the previously filled area. The 
dike, which contained the materials, was located on the north and west 
sides of the disposal area. In August 1981, some liquid seepage was 
noticed on the ground surface outside the disposal area. The Remedial 
Investigation (RI) results showed that the ash/waste boundary extended 
beyond the original disposal boundary to the north and northwest, 
indicating that the waste spilled over the dike to some extent during 
the active life of the site.
    At the request of La Prairie Township, disposal at the Site was 
discontinued in 1974. The disposal area was covered and closed during 
the fall of 1974 and summer of 1975 in general accordance with 
guidelines provided by the Wisconsin Department of Natural Resources 
(WDNR). In a letter dated May 6, 1974, WDNR required that GM implement 
a groundwater monitoring program; generate a site topographic map, 
stabilize surface water runoff, and grade, cover and re-vegetate the 
site.
    Groundwater monitoring was performed by GM on an irregular basis 
after closure in 1974. In response to concerns concerning potential 
groundwater quality impacts related to waste disposal practices at the 
site, WDNR and GM sampled on-site monitor wells and certain private 
water supply wells in April 1981. Elevated levels of trichloroethylene, 
chromium, zinc and barium were noted in both WDNR and GM samples from 
the on-site monitoring wells. Results from these analyses and GM's 
January 1981 sampling round were used by EPA in the Hazard Ranking 
System (HRS) evaluation of the site performed in April 1983. The site 
was placed on the National Priorities List on September 21, 1984.

Remedial Investigation and Feasibility Study (RI/FS)

    RI field activities began in September 1988 and included two 
phases. Activities included digging and sampling of four test pits, 
installation of six monitor wells (three nests), hydraulic conductivity 
testing, groundwater level monitoring and groundwater sampling. Phase 
II activities included three additional test pits, an electromagnetic 
survey to help determine the waste boundary and volume, waste/soil 
borings and sampling, shallow soil borings, surface soil sampling, four 
additional monitoring wells (two nests), and a second round of 
hydraulic conductivity testing and groundwater sampling. The RI Report 
describing these activities was finalized on March 1, 1990. An 
Endangerment Assessment was also

[[Page 7875]]

prepared and was included as part of the RI Report.
    The RI found that the waste/fill area covers approximately 3.4 
acres and ranges from 0-23 feet in thickness with the deepest part of 
the waste/fill area being approximately 10 feet above the groundwater 
table. Sampling of the waste found the following:

--Toluene, ethylbenzene, xylenes at concentrations ranging from 3300 
parts per billion (ppb) to 508,000 ppb. These compounds are volatile 
organic compounds (VOCs).
--Phthalates ranging from 450 ppb to 630,000 ppb. Phthalates are semi-
volatile compounds associated with plastics and plastic making 
processes.
--Polynuclear Aromatic Hydrocarbons (PAHs) ranging from 9520 ppb to 
152,000 ppb. PAHs are semi-volatile compounds derived from coal and oil 
tars and the incomplete combustion of carbonaceous materials.
--Nine metals were detected at elevated concentrations including 
antimony, barium, copper, cadmium, chromium, lead, mercury, nickel and 
zinc.

    Groundwater sampling found several chlorinated benzene compounds 
1.4 dichlorobenzene, 1,3 dichlorobenzene and chlorobenzene in down 
gradient monitoring wells. The 1,4 dichlorobenzene concentration 
exceeded the proposed Wisconsin Preventive Action Limit (PAL) 
groundwater standard. The sampling found that the metals arsenic, 
chromium, iron and manganese exceeded PALs and in the case of iron and 
manganese, also exceed Wisconsin Enforcement Standards (ES).
    A risk assessment was conducted and it was determined that there 
was a possible carcinogenic (cancer causing) risk from groundwater if a 
well was placed on the site and a noncarcinogenic risk to a 
construction worker from inhalation of VOCs while digging in the waste. 
It was also determined that there was a potential for erosion to 
continue to degrade the present soil cover and if that occurred, a 
trespasser at the site might encounter a risk similar to a construction 
worker.

Record of Decision Findings

    The ROD for the Wheeler Pit site was signed on September 28, 1990. 
The number of alternatives considered for groundwater was reduced in 
the Feasibility Study based on the levels of contaminants detected in 
the groundwater and the limited areal extent of contamination. The 
alternatives to address the ash/waste contamination were source control 
actions which relied on natural attenuation to remedy the groundwater. 
Remedial action objectives identified in the ROD for source control and 
groundwater contamination were:
    (1) Reduce the threat of direct contact with ash/waste 
contamination.
    (2) Reduce the amount of infiltration of water into the waste which 
could lead to further groundwater contamination.
    (3) Achieve Wisconsin PALs where technically and economically 
feasible.
    The major components of the source control remedy selected in the 
ROD include the following:
    (1) A muti-layer RCRA Subtitle D cap consisting of the following 
layers from top to bottom: a 6-inch thick topsoil layer; a frost 
protective soil layer at least 18 inches thick; a drainage layer and a 
2-foot clay layer.
    (2) Consolidation under the cap of 400 cubic yards of waste and 
soil from the property north of the site.
    (3) Institutional controls including deed restrictions and landfill 
development restrictions.
    The groundwater remedy consisted of monitoring wells to assess the 
projected decrease in groundwater contamination. Monitoring wells were 
to be sampled for at least 30 years. Private wells located down-
gradient of the site were also to be monitored to assess potential 
impacts to human health.

Characterization of Remaining Risk

    No additional response action(s) is required at the Wheeler Pit. 
Those areas associated with groundwater and source control have been 
adequately addressed by the response actions already taken. Wheeler Pit 
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 source control and the groundwater. Cleanup 
objectives set forth in the RODs for this site and in the Consent Order 
have been achieved.

Response Actions

    EPA gave notice to proceed with the Remedial Action on May 21, 
1992. A contract for remedial construction activities was awarded April 
30, 1992 and on-site construction began on June 8, 1992. Remedial 
construction included the following activities:
     Consolidation of approximately 36,400 cubic 
yards of material, including waste from property north of the site;
     Installation of a Wisconsin Administrative Code 
(WAC) No. 504 solid waste cap over the waste and consolidated material, 
which included 2 feet of compacted clay, 1 foot gravel drainage layer 
with geotexilte filter fabric, 1 and \1/2\ foot of soil for frost 
protection and to serve as a rooting zone and 6-inches of topsoil;
     Access road construction;
     Retention basin construction;
     Perimeter drainage swale construction;
     Site clearing, stump removal and existing access 
road abandonment;
     Installation and also abandonment of groundwater 
monitoring wells and implementation of a long-term groundwater 
monitoring program.
    A pre-final inspection was performed on October 27, 1992 and 
construction was found to be substantially complete. A Construction 
Completion Report was submitted by the PRPs in December 1992 and U.S. 
EPA subsequently issued a Preliminary Close Out Report on December 29, 
1992.
    An Explanation of Significant Differences (ESD) was signed on June 
16, 2003. The purpose of the ESD was to eliminate manganese as a site 
contaminant of concern from the groundwater cleanup remedy selected by 
EPA in its September 28, 1990 ROD. The elimination of manganese from 
the site contaminants of concern was recommended in the September 18, 
2002 Five Year Review for the Wheeler Pit Superfund site.

Cleanup Standards

    The goal of the groundwater action will be to attain the 
groundwater clean-up standards at the waste boundary of Wheeler Pit, 
which is the suggested NCP point of compliance for groundwater. The 
clean-up goals which have been established are state of Wisconsin PALS. 
In the second Five-Year that was signed on September 18, 2002, with 
regard to the review of chemical-specific ARARs, the standards for four 
of the five chemicals of concern in the groundwater which exceeded PALs 
at the time of the 1990 ROD (1,4 dichlorobenzene, arsenic, iron and 
manganese) have not changed. The PALs remain at 15 micrograms per liter 
([mu]g/l) for 1,4 dichlorobenzene, 5 [mu]g/l for arsenic, 150 [mu]g/l 
for iron, and 25 [mu]g/l for manganese. The PAL for chromium has become 
less stringent at 10 [mu]g/l versus 5 [mu]g/l at the time of the ROD 
signing. Manganese is the only site contaminant of concern which 
exceeds PALs at this time. An ESD was signed on June 16, 2003 which 
eliminated manganese as a site contaminant of concern.

Operation and Maintenance

    General Motors is conducting operation and maintenance activities 
for

[[Page 7876]]

the landfill and the long-term groundwater monitoring in accordance 
with the Unilateral Administrative Order. The primary activities 
associated with the O & M include the following:
     Routine mowing of the landfill cover;
     Visual inspection of the landfill cover for 
damage due to erosion, washouts, settling, growth of trees or large 
plants, growth of noxious weeds and burrowing animals;
     Inspection of monitoring wells for well casing 
damage, surface seal damage, missing or broken locks, vandalism, well 
screen damage and sediment;
     Inspection of the landfill storm water control 
system which consists of perimeter swales, roadside swales, culverts, 
and the storm water retention pond. The inspection includes inspecting 
for damage from erosion, sediment accumulation in swales or culverts, 
settlement, riprap integrity, distressed vegetation, growth of trees or 
large plants, growth of noxious weeds and burrowing animals;
     Inspection of perimeter fence for damage from 
cuts or sagging, bent or damaged fence gates and posts, excessive gaps 
between ground and fence bottom, missing locks and signs, cut barbed 
wire and tree branches encroaching on the fence and;
     Inspection of the site access road for damage 
due to erosion, settlement or grading activities.

Five-Year Review

    A second five-year review for the Wheeler Pit was conducted on 
September 18, 2002. The report recommended that manganese should be 
deleted from the site contaminants of concern. An Explanation of 
Significant Differences (ESD) to the ROD decision document was signed 
on June 16, 2003. The ESD also established the extent and frequency of 
future groundwater monitoring to be performed at the site.

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 of 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 Wisconsin, 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 April 20, 2004 unless EPA receives adverse comments by 
March 22, 2004. 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: February 4, 2004.
Thomas V. Skinner,
Regional Administrator, Region V.

0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
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]

0
2. Table 1 of Appendix B to Part 300 is amended under Wisconsin ``WI'' 
by removing the entry for ``Wheeler Pit, La Prairie Township.''
[FR Doc. 04-3599 Filed 2-19-04; 8:45 am]
BILLING CODE 6560-50-P