[Federal Register Volume 70, Number 128 (Wednesday, July 6, 2005)]
[Rules and Regulations]
[Pages 38789-38794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-13172]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7932-9]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Fadrowski Drum Disposal 
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 Fadrowski Drum 
Disposal Superfund Site (Site), located in Franklin, 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 notice of deletion is being published by EPA with the 
concurrence of the State of Wisconsin, through the Wisconsin Department 
of Natural Resources (WDNR) because EPA and WDNR have determined that 
all appropriate response actions under CERCLA have been completed, 
other than operation and maintenance and five-year reviews and, 
therefore, further remedial action pursuant to CERCLA is not 
appropriate.

DATES: This direct final deletion will be effective September 6, 2005 
unless EPA receives adverse comments by August 5, 2005. 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 at ([email protected]) or U.S. EPA (SR-6J), 77 W. Jackson 
Blvd., Chicago, IL, USA 60604-3590 or at (312) 886-5251 or 1-800-621-
8431.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: U.S. EPA Region 5 Library, 77 Jackson Blvd., 
Chicago, IL, USA 60604-3590, (312) 353-5821, Monday through Friday 8 
a.m. to 12 p.m.; Franklin Public Library, 9151 W. Loomis Rd., Franklin, 
WI 53132, (414) 425-8214, Monday through Thursday 10 a.m. to 8:30 p.m., 
Friday through Saturday 10 a.m. to 5 p.m.; Franklin City Hall, City 
Clerk's Office, 9229 W. Loomis Rd., Franklin, WI 53132, (414) 275-7500, 
Monday through Friday 8:30 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 (SR-6J), 77 W. 
Jackson Blvd., Chicago, IL, USA 60604-3590.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. 235 NPL Deletion Criteria
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 Fadrowski Drum Disposal 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 taking it without prior publication of a notice of 
intent to delete. This action will be effective September 6, 2005 
unless EPA receives adverse comments by August 5, 2005 on this notice 
or the parallel notice of intent to delete published in the Proposed 
Rules section of today's Federal Register. If adverse comments are 
received within the 30-day public comment period on this notice or the 
notice of intent to delete, 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 Fadrowski Drum Disposal 
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) 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 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

[[Page 38790]]

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 Wisconsin on the deletion 
of the Site from the NPL prior to developing this direct final notice 
of deletion.
    (2) The State of 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 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 Site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this notice or the companion notice of intent to 
delete also published in today's Federal Register, 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 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 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 Fadrowski Drum Disposal Site (FDDS or ``the Site'') occupies 
approximately 20 acres of suburban land in the southeast quarter of 
Section 1, Township 5 North, Range 21 East, Milwaukee County, 
Wisconsin. The Site is located within the corporate limits of the City 
of Franklin and is fronted by U.S. 41 (also known as South 27th Street) 
on the east, Rawson Avenue is about 1,400 feet to the south and College 
Avenue is located approximately 3,400 feet to the north. An unnamed 
tributary flows southward along the western boundary of the Site and 
eventually empties into the Root River approximately three miles 
southwest of the Site. The tributary carries overflow water from Mud 
Lake in Grobschmidt Park, approximately one-quarter mile north of the 
Site and also receives storm water discharge from South 27th Street and 
other upgradient paved areas. The Site abuts and is downgradient of the 
defunct Menard lumber and retail facility situated directly to the 
north. Several commercial retail facilities are situated directly south 
and southwest of the Site. The new Menard Home Improvement Center is 
located directly east of the Site, across U.S. 41. Residential 
subdivisions and multi-unit residential properties are situated west of 
the unnamed tributary and also along Rawson Avenue.

Site History

    Between 1970 and 1982, the FDDS was owned and operated by Edward J. 
Fadrowski as an unlicensed disposal facility that accepted demolition 
and construction wastes. Pursuant to applicable state regulations, the 
operation would have been exempt from regulation had it only accepted 
solid wastes consisting of clean earth fill and containing less than 25 
percent demolition waste. During that time frame, Mr. Fadrowski was 
also the principal operator of a waste collection and transportation 
company (Ed's Trucking) which was licensed to collect and transport 
noncombustible waste, wood, refuse and garbage. The clients of Ed's 
Trucking included diverse local businesses and industries that 
generated a variety of wastes. The Wisconsin Department of Natural 
Resources (WDNR) discovered the unlicensed disposal of nonexempt waste 
at the Site in 1981 during an inspection. A subsequent WDNR inspection 
confirmed that the disposal of metal, wood, foundry waste, crushed 
drums, and slag-type boiler waste had occurred at the Site.
    In December 1982, Menard, Inc. of Eau Claire, Wisconsin purchased 
the FDDS property and two adjacent land parcels to the north and began 
constructing its lumber and retail facility at 6801 S. 27th Street, 
Franklin, Wisconsin. The FDDS property was intended as a source of 
borrow soil to be used during grading and construction of Menard's 
lumber and retail facility on the adjacent parcels. During excavation 
at the Site for soil fill material in May 1983, buried drums containing 
unknown liquids and sludges were uncovered; some of the drums had been 
ruptured and their contents released. The WDNR sampled the drum 
contents and found them to be hazardous, as defined by Chapter NR 181 
of the 1981 Wisconsin Administrative Code (WAC). The samples revealed 
high concentrations of lead at 32,700 parts per million (ppm) and 
chromium at 6,800 ppm. Also identified were trace levels of arsenic 
(less than 5 ppm), the pesticide DDT at 1,450 ppm, and various 
petroleum-derived volatile organic compounds (VOCs). Other waste 
samples collected by the WDNR at the Site were determined to be 
hazardous because their flash points were below 140 degrees Fahrenheit, 
indicating ignitability. The EPA's Office of Health and Environmental 
Assessment determined that the carcinogenic risks from the principal 
threat, i.e., buried containerized wastes, exceeded EPA's upper 
threshold of acceptable risk (1 x 10-\4\). The EPA and the 
WDNR believe that a number of potential responsible parties (PRPs) 
generated the hazardous wastes that were disposed of at the Site and/or 
caused the release of these substances at the Site.
    The Site was proposed for listing on the NPL on October 15, 1984 
(49 FR 40320). Pursuant to Section 105 of CERCLA, 42 U.S.C. 9605; the 
FDDS listing on the NPL was finalized on June 10, 1986 (51 FR 21054). 
An Administrative Order on Consent (AOC) was signed in May 1987 by the 
PRPs, U.S. EPA, and WDNR, compelling the PRPs to conduct a Remedial 
Investigation and Feasibility Study (RI/FS) to determine the nature and 
extent of the contamination as well as alternatives for cleaning up the 
Site.

Remedial Investigation and Feasibility Study (RI/FS)

    Pursuant to the 1987 AOC, the RI/FS was initiated in May 1987 by 
INX International Ink Company (INX), formerly ACME Ink Printing Company 
of Milwaukee, Wisconsin, and was completed in June 1991. The RI results 
indicated that three generalized geological layers exist at the Site: 
clay till, sand and gravel, and dolomite bedrock. The uppermost clay 
till layer is between 80 and 100 feet thick and is continuously 
saturated up to within 3 to 10 feet of the ground surface; however, the 
soils are of such low permeability

[[Page 38791]]

that this aquifer does not sustain domestic water supply. The 
underlying sand and gravel aquifer yields adequate amounts of water to 
sustain domestic use and several domestic wells are screened in this 
unit. Beginning at about 175 feet below ground surface and ranging up 
to 320 feet in thickness, the deep dolomite bedrock aquifer is the 
primary source of domestic water supply in the vicinity of the FDDS. 
Although there were very few inorganic or organic compounds detected at 
elevated levels in the groundwater at the FDDS, the RI results 
confirmed that the groundwater in the clay till aquifer contained 
cyanide (67 parts per billion or ppb), chromium (13 ppb), and barium 
(273 ppb), in excess of the 1988 Wisconsin Preventive Action Limits 
(PALs). During one sampling event, benzene and mercury were also found 
to exceed the 1988 Wisconsin PALs and Enforcement Standards (ESs); 
however these results could not be confirmed. The benzene detections 
have since been attributed to sampling and/or laboratory error. The 
concentrations of mercury and other inorganic constituents, e.g., 
chromium, barium, and cyanide, have declined steadily to below the PALs 
and ESs. Several private wells are located within 2,000 feet of the 
Site and several emergency back up wells for the cities of Franklin and 
Oak Creek are located within three miles of the Site; however, testing 
showed that drinking water has not been impacted by the Site.
    Surface water on the Site was contained by a large manmade pond in 
the west central portion of the Site. The pond intercepted most surface 
water runoff from the Site and was also a point of groundwater 
discharge. The pond contained elevated cyanide levels. The water in the 
unnamed tributary on the western Site boundary was found to contain low 
levels of VOCs. Other contaminants detected downstream of the Site, 
namely ethylbenzene and xylenes, were not detected onsite. Cyanide and 
mercury were detected in both upstream and downstream samples, and were 
therefore not likely to be site-related. No semi-volatile organic 
chemicals (SVOCs) were detected in the unnamed tributary water.
    The sediments sampled in the onsite pond contained site-related 
contaminants. Sediments collected downstream of the Site in the unnamed 
tributary showed higher concentrations of certain polynuclear aromatic 
hydrocarbons (PAHs) than did the upstream samples. Similarly, total 
PAHs and inorganics, including aluminum, barium, beryllium, calcium, 
lead, and magnesium showed higher concentrations in the downstream 
samples compared to the samples collected upstream of the Site, 
indicating that the stream sediments may have been contaminated by the 
Site. Subsequent monitoring results showed that the surface water and 
sediments in the tributary had not been contaminated by the FDDS, but 
instead, were more likely to have been affected by urban runoff.
    Surface soils from the western slope of the fill pile showed PAH 
concentrations as high as 10,290 ppb. This was consistent with the 
character of onsite subsurface soils and indicated that runoff or seeps 
from the fill pile were impacting surface soil adjacent to the pile and 
west of the pile near the unnamed tributary. Subsurface soils collected 
onsite were contaminated with organic compounds--namely toluene at 
levels ranging from 34 to 1,800 ppb. Total PAHs were also frequently 
detected in the subsurface soil at levels as high as 24,300 ppb. The 
subsurface soil borings also revealed DDT at its highest concentration 
of 310 ppb and the polychlorinated biphenyl, Arochlor 1254, at a 
maximum concentration of 1,900 ppb. Cyanide was found in one boring at 
6,360 ppb and numerous inorganic compounds were also detected.
    The draft RI/FS was completed in March 1991. The final FS was 
completed in June 1991 and provided an in-depth summary and discussion 
of Site sampling activities and a health risk assessment. Six cleanup 
alternatives were also evaluated as part of the FS; however, no 
groundwater alternatives were among the six evaluated due to the low 
contaminant levels detected in the groundwater and the limited extent 
of groundwater contamination. The considered alternatives included 
source-control actions that relied on natural attenuation of 
groundwater contaminants.

Record of Decision Findings

    Based on the results of the RI/FS, a Remedial Action (RA) was 
selected for cleaning up the Site and was documented in the Record of 
Decision (ROD) of June 10, 1991, with concurrence from the WDNR. The 
selected remedy was to eliminate or reduce migration of the 
contaminants from the Site to the groundwater and to reduce the risk 
associated with exposure to the contaminated materials, thus protecting 
human health and environment. The major components of the selected 
remedy included:
     Excavation of previously identified drums and associated 
characteristically hazardous soils;
     Construction of trenches to find and excavate additional 
containerized waste and associated characteristically hazardous soils;
     Off-site recycling or treatment and disposal of drummed 
wastes;
     Treatment and disposal of contaminated soil;
     Construction of a landfill cover (cap) in compliance with 
Section NR 504.07, Wisconsin Administrative Code (WAC) landfill closure 
requirements;
     Use of institutional controls on landfill property to 
limit land and groundwater use; and,
     Monitoring of groundwater and surface water to ensure 
effectiveness of the remedial action and to evaluate the need for 
future groundwater treatment.

Characterization of Risk

    The health risk assessment, performed during the RI, indicated that 
people may have been exposed to hazardous substances by drinking 
contaminated groundwater and surface water or by accidentally ingesting 
contaminated soil. Residents in the vicinity of the Site, especially 
children, may have used the manmade pond located at the eastern edge of 
the Site for swimming, thereby potentially exposing them to Site 
contaminants. Most risks from these exposures fell within a risk range 
of 1 x 10-4 (one in ten-thousand) to 1 x 10-6 
(one in one-million), which is considered acceptable by EPA. However, 
other Site conditions, such as the onsite buried drums of hazardous 
materials, would pose unacceptable risks to construction workers and 
possibly residents should the Site be commercially or residentially 
developed in the future. The RI indicated that some of the drums had 
ruptured, causing further contamination of the environment. 
Approximately nine acres of wetlands border the onsite pond on the 
west. Levels of cyanide in the onsite pond exceeded the Ambient Water 
Quality Criteria for the protection of aquatic life. Cyanide was also 
found in the upstream and downstream tributary samples. Prior to the 
cleanup, runoff from the Site flowed toward the wetlands; however, no 
threatened or endangered species had been previously identified in this 
area.

Response Actions

    A Remedial Design (RD) was completed by Menard, Inc., a PRP for the 
Site, under the September 30, 1991 AOC. The RD was approved by the EPA 
in March 1993 and included the final design of the selected RA 
alternative. This RA alternative prescribed the removal of drummed 
waste from the Site, waste consolidation, pond closure,

[[Page 38792]]

clay cap installation over the consolidated waste, and the installation 
of a groundwater monitoring network. One component of the RA--
institutional controls--was effected by placing deed restrictions on 
the portion of the property that included but was not limited to the 
waste footprint. The deed restrictions, effective since June 1993, 
prohibit certain activities within the fill area on the Site unless 
prior written approval is obtained from the EPA, in consultation with 
the WDNR.
    On April 21, 1993, EPA issued a Unilateral Administrative Order 
(UAO) to the PRPs to implement the Remedial Action (RA) specified in 
the 1991 ROD. Menard, Inc. undertook the RA field activities in 
September 1993. The majority of the work was completed by September 
1994, including:
     Removal and off-site treatment and disposal of 167 buried 
drums;
     Excavation, treatment, and disposal of approximately 100 
cubic yards of contaminated soils;
     De-watering and backfilling the 2.6 million gallon onsite 
pond;
     Consolidation of more than 18,000 cubic yards of waste 
(primarily demolition debris) in order to minimize the capped area;
     Construction of a multilayered landfill cover system and 
leachate collection system, complicit with section NR 504.07, WAC, for 
placement over the consolidated wastes;
     Installation of both upgradient and downgradient nested 
monitoring wells, screened within the three geological units (clay, 
sand and gravel, and dolomite bedrock) at the Site; and,
     Installation of a perimeter fence.
    Since the completion of the RA, the Site has been in the monitoring 
phase, which was projected to continue for a 30-year period. As part of 
the RA, the Scope of Work (SOW) required that after two years and five 
years of respective monitoring, a comprehensive statistical analysis of 
the data at each of these milestones was to be prepared in order to 
evaluate the effectiveness of the remedy and the potential for reduced 
monitoring at the Site. The monitoring network included nine 
groundwater monitoring wells, one leachate tank, one private well on 
the southeast side of the Site, and two surface water/sediment sample 
locations in the unnamed tributary--one each upstream and downstream of 
the Site. The nine nested monitoring wells intercept three aquifers at 
the Site (i.e., clay, sand and gravel, dolomite) and are located just 
outside the four corners of the landfill boundary. The prescribed 
monitoring included quarterly monitoring of the groundwater for field 
parameters (temperature, pH, conductivity), EPA Target Analyte List 
(TAL) parameters (inorganics), EPA Target Compound List (TCL) 
parameters (VOCs, SVOCs, and pesticides), WAC NR 508 parameters 
(alkalinity, chemical oxygen demand, hardness, sodium, dissolved iron, 
chloride, and fluoride), and percent organic material and grain size 
analysis for stream sediment samples.

Cleanup Standards

    Beginning in November 1995, the effectiveness of the remedy was 
monitored through quarterly sampling of the nine monitoring wells, 
leachate tank, surface water, and sediments from the unnamed tributary. 
The requisite two-year statistical evaluation of contaminant levels in 
the groundwater, leachate, surface water and sediment was prepared by 
Menard, Inc. using data from eight monitoring events. The data were 
evaluated to ascertain whether the Site was meeting cleanup 
requirements and whether the monitoring frequency and parameters needed 
adjustment. The cleanup requirements for the FDDS, established in the 
1991 ROD, are the groundwater quality standards in Chapter NR 140 WAC, 
1988. As previously mentioned, these values are referred to as the 
Wisconsin PALs and ESs. The report concluded that natural attenuation 
of site-related contaminants was effective; surface water and sediment 
monitoring could be discontinued, and the monitoring frequency of 
onsite wells, the private well, and the leachate tank could be reduced 
from quarterly to semiannual. Concurring with these recommendations, 
EPA and the WDNR approved the report in November 2000; the revised 
monitoring schedule was implemented at that time.
    The five-year statistical evaluation was completed in June 2003 and 
utilized data collected from the onsite monitoring wells and leachate 
tank during fifteen monitoring events, and surface water and sediment 
data collected during nine monitoring events. The results showed that 
site-related contaminants follow a declining trend in their respective 
concentrations. Statistical evaluation of the groundwater data 
indicated that the PALs had been met for all contaminants except iron, 
manganese, and fluoride. These three constituents have been 
consistently detected above their respective PALs in the onsite 
groundwater at a five percent statistical significance level.
    Although fluoride, iron, and manganese exceed their respective 
PALs, they are also common constituents found naturally in the 
groundwater of Wisconsin. An evaluation of the background groundwater 
quality in Milwaukee County, prepared by Menard, Inc. and approved by 
EPA and WDNR as part of the five-year statistical evaluation, indicated 
that concentrations of fluoride, iron, and manganese above the 1988 
Chapter NR 140 PALs are common. The PAL exceedances reported onsite 
are, therefore, unlikely to be caused by past FDDS activities and more 
probably reflect the naturally occurring groundwater quality in the 
region. The consistency of these onsite groundwater levels with 
background levels, also exceeding the PALs for these three 
constituents, demonstrates that the groundwater has been restored to 
its pre-FDDS condition. This finding also indicates that achieving PALs 
for these three constituents via natural attenuation or related methods 
is neither technically nor economically feasible. To address these 
higher constituent levels in groundwater, an exemption was granted by 
the WDNR, pursuant to WAC Sections NR 140.28 and NR 507.29, allowing 
the calculation of Wisconsin alternative concentration levels (WACLs) 
for iron, fluoride, and manganese in the monitoring wells where the 
PALs are exceeded. The WACLs, respectively calculated for iron in three 
monitoring wells, manganese in five wells, and fluoride in two wells 
(see Table 1), remain protective of human health and the environment 
and have been approved by the WDNR in its letter of July 29, 2003 to 
the EPA. These actions have brought the FDDS into full compliance with 
WAC 1988 Chapter NR 140 Groundwater Quality Standards and the RA 
cleanup goals set forth in the 1991 ROD and RD/RA SOW. Moreover, Lake 
Michigan is the source of the municipal water supply for the City of 
Franklin. The City provides potable water to all of the large 
commercial establishments and residential developments in the vicinity 
of the Site. Though several emergency back up wells for the cities of 
Franklin and Oak Creek are within three miles of the Site, and some 
private wells still exist within 2,500 feet of the Site, such as those 
located south of Rawson Avenue, test results show that these wells are 
not being affected by the Site. The City of Franklin expects to extend 
its water distribution lines to this area within the next five years, 
at which time the use of private wells will be unnecessary. Surface 
water and sediment from the unnamed tributary at the Site have been 
sampled and analyzed during nine previous monitoring events at both 
upgradient and downgradient flow locations with respect to the FDDS.

[[Page 38793]]

Analytical results indicated that while surface water and sediment 
quality have been affected by urban runoff, the results do not reflect 
that surface water and sediment in the unnamed tributary have been 
affected by the FDDS.

                        Table 1.--WACLs To Be Applied at the Fadrowski Drum Disposal Site
----------------------------------------------------------------------------------------------------------------
                                                   Mean
 Monitoring Well (MW)        Parameter        concentration    PAL/ES (mg/l)    Calculated ACL  Rounded ACL (mg/
                                                  (mg/l)                            (mg/l)             l)
----------------------------------------------------------------------------------------------------------------
MW-8 CO...............  Fluoride...........             0.74        0.44/2.2             3.6                4.0
MW-9S.................  Fluoride...........             1.30        0.44/2.2             1.48               1.5
MW-6COR...............  Iron...............             0.05        0.15/0.3             0.347              0.35
MW-6S.................  Iron...............             0.10        0.15/0.3             0.303              0.30
MW-7S.................  Iron...............             0.06        0.15/0.3             0.372              0.37
MW-6COR...............  Manganese..........             0.19       0.025/0.05            0.513              0.51
MW-6S.................  Manganese..........             0.15       0.025/0.05            0.235              0.24
MW-8CO................  Manganese..........             0.25       0.025/0.05            0.625              0.63
MW-8D.................  Manganese..........             0.04       0.025/0.05            0.056              0.06
MW-9S.................  Manganese..........             0.04       0.025/0.05            0.051              0.05
----------------------------------------------------------------------------------------------------------------

Operation and Maintenance

    Menard, Inc. has assumed operation and maintenance (O&M) 
responsibility since the completion of RA activities through its 
primary RA contractor, Ayres Associates of Eau Claire, Wisconsin. These 
responsibilities, listed in Table 2, have been performed by Ayres 
Associates' subcontractor, Environmental Sampling Corporation of 
Muskego, Wisconsin.

               Table 2.--Operation and Maintenance Activities at the Fadrowski Drum Disposal Site
----------------------------------------------------------------------------------------------------------------
                 Activity                      Inspection frequency               Maintenance frequency
----------------------------------------------------------------------------------------------------------------
Site Fencing.............................  Annually...................  As Required.
Site Access Road.........................  Annually...................  As Required.
------------------------------------------
                                        ENVIRONMENTAL MONITORING PROGRAM
----------------------------------------------------------------------------------------------------------------
Sample Collection and Monitoring Point     Each Sampling Event........  As Required.
 Inspection.
------------------------------------------
                                               FINAL COVER SYSTEM
----------------------------------------------------------------------------------------------------------------
Erosion of Soil Cap......................  Semi-annually \a\..........  As Required.
Grass Cover..............................  Semi-annually \a\..........  As Required.
Storm Water Control Structures...........  Semi-annually \a\..........  As Required.
Mowing and Pruning.......................  Twice/Year.................  Twice/Year \b\.
------------------------------------------
                                           LEACHATE COLLECTION SYSTEM
----------------------------------------------------------------------------------------------------------------
Full Tank Monitoring.....................  (\c\)......................  (\c\)
Leachate Level Measure...................  (\c\)......................  (\c\)
Leachate Disposal........................  ...........................  As Required.
Test Cycle Pump..........................  Quarterly..................  As Required.
Jet Leachate Collection Line.............  Five-Year Interval \d\.....  Five-Year Interval.
Tank Leak Detection......................  Quarterly..................  As Required.
Cathodic Protection......................  Annually...................  As Required.
----------------------------------------------------------------------------------------------------------------
\a\ Inspection of the final cover system will occur semi-annually for the first two years, until vegetation has
  been established, and annually hereafter.
\b\ Mowing of vegetation will occur twice each year during the growing season; usually in early July and late
  September.
\c\ None required as direct discharge permit to Milwaukee Metropolitan Sanitary District sewer has been
  established.
\d\ Leachate collection line will be jet cleaned after two years of operation and at five-year intervals
  thereafter.

    Annual O&M reports are filed each June summarizing the O&M work 
conducted over the past year and documenting any problems at the Site, 
corrective actions taken, and changes in the monitoring and reporting 
requirements. The O&M items of note that have occurred at the Site 
since RA completion are the following:
    1. Installation of a shallow subsurface drain system in 1999 to 
intercept the surface water seeping from the west slope of the Site. 
The drain system directed the water via piping to the leachate 
collection system where it was discharged to the Milwaukee Metropolitan 
Sanitary District. This system eliminated a seep that was detected; no 
problems with the cover system have been detected since that time.
    2. Miscellaneous repairs and/or replacement of the fencing, locks, 
and access road, as well as annual mowing of the grass cover at the 
Site; and,
    3. Reduction in groundwater and leachate monitoring frequency from 
quarterly to semiannually. Surface water and sediment sampling of the 
unnamed stream were eliminated in 2000 due to the inability to detect 
site-related contaminants over a two-year period, as documented in the 
Two-Year Ground Water Monitoring Report approved by the Agencies in 
November 2000. Under the terms of a Consent Order signed on March 28, 
2005 between the WDNR and Menard, Inc., and with the concurrence of 
EPA, the frequency of groundwater and leachate monitoring was further 
reduced from semiannually to annually.

[[Page 38794]]

    Since June 1993, a deed restriction has been in effect for this 
Site. The deed restriction, specified in the 1991 ROD, prohibits 
certain activities within the fill area on the Site. These activities 
include: no consumptive or other use of the groundwater underlying the 
property; no use of, or activity at, the property that may interfere 
with the work performed or to be performed under the UAO at the Site, 
or any activity which may damage any RA component contracted for or 
installed pursuant to the UAO or otherwise impair the effectiveness of 
any work to be performed pursuant to the UAO; no installation, 
construction, removal or use of any buildings, wells, pipes, roads, 
ditches or any other landfill cap except as approved by the EPA as 
consistent with the UAO and SOW; and, no residential use of the 
property.
    During the O&M phase, some modifications have occurred in the 
vicinity of the FDDS. On July 24, 2001, EPA and WDNR rescinded portions 
of the existing deed restrictions on the private property adjacent to 
the Site, thereby allowing commercial development of the property 
outside the Site boundary fencing, as appropriate. These areas had 
previously been considered buffer areas around the Site; however, due 
to the stable Site conditions, the agencies have allowed limited 
development in these areas. This development is consistent with current 
Site conditions and has not caused storm water management or 
unauthorized Site access problems to develop. This area of the City of 
Franklin is considered to be an active commercial district and future 
development will likely occur in the vicinity of the FDDS. The Final 
Close-Out Report, signed August 8, 2003, documented that Menard, Inc. 
completed all response actions for the FDDS in accordance with OSWER 
Directive 9320.2-09A-P, Close Out Procedures for National Priorities 
List Sites, January 2000, as overseen by EPA and WDNR. The WDNR will 
continue to oversee and ensure the performance of O&M activities at the 
Site by Menard, Inc. using the provisions of its March 28, 2005 Consent 
Order with Menard, Inc. This oversight will continue for the remaining 
22 years of the 30-year O&M phase or until such time as the WDNR 
determines that the annual groundwater and leachate monitoring 
requirements may be modified or terminated.

Five-Year Review

    The first statutory five-year review for the Site was completed by 
EPA on September 14, 1998 pursuant to CERCLA section 121 (C) and as 
provided in OSWER Directive 93 55.7-02, Structure and Components of 
Five-Year Reviews, May 23, 1991. This review was completed five years 
from the date (September 1993) on which the first contract was awarded 
by the responsible parties to implement RA.
    The second statutory five-year review was completed by EPA on 
September 25, 2003, about five years from the date of completion of the 
first five-year review. This review was prepared according to OSWER 
Directive No. 9355.7-03B-P (EPA 540-R-01-007), Comprehensive Five-Year 
Review Guidance, June 2001.

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 that EPA relied on for 
the 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 Wisconsin, 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 taking it without prior publication of a notice of 
intent to delete. This action will be effective September 6, 2005 
unless EPA receives adverse comments by August 5, 2005 on a parallel 
notice of intent to delete published in the Proposed Rule section of 
today's Federal Register. If adverse comments are received within the 
30-day public comment period on the proposal, 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 recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: June 21, 2005.
Norman Niedergang,
Acting Regional Administrator, EPA Region 5.

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 site name ``Fadrowski Drum Disposal Site'' and 
the city ``Franklin.''

[FR Doc. 05-13172 Filed 7-5-05; 8:45 am]
BILLING CODE 6560-50-P