[Federal Register Volume 71, Number 181 (Tuesday, September 19, 2006)]
[Rules and Regulations]
[Pages 54763-54767]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-15338]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-8220-4]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final notice of deletion of the Waverly Groundwater 
Contamination Superfund Site (Site) from the National Priorities List 
(NPL).

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SUMMARY: The EPA, Region 7, is publishing a direct final notice of 
deletion of the Site, located near Waverly, Nebraska, from the NPL. The 
NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is Appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final deletion is being published by the EPA with the 
concurrence of the state of Nebraska through the Nebraska Department of 
Environmental Quality because the EPA has determined that responsible 
parties or other persons have implemented all appropriate response 
actions required and, therefore, no further remedial action pursuant to 
CERCLA are appropriate.

DATES: This direct final deletion will be effective November 20, 2006 
unless EPA receives adverse comments by October 19, 2006. If adverse 
comments are received, the 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: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
     http://www.regulations.gov--Follow the online instruction 
for submitting comments.
     E-mail: [email protected].
     Fax: 913-551-9130.
     Mail: Mr. Fritz Hirter, Community Involvement Coordinator, 
U.S. EPA, Region 7, 901 N 5th Street, Kansas City, Kansas 66101.

[[Page 54764]]

     Hand Delivery: 901 N 5th Street, Kansas City, Kansas.
    Such deliveries are only accepted during the Docket's normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1986-0005. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at http://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means the EPA will not know 
your identity or contact information unless you provide it in the body 
of your comment. If you send an e-mail comment directly to the EPA 
without going through http://www.regulations.gov, your e-mail address 
will be automatically captured and included as part of the comment that 
is placed in the public docket and made available on the Internet. If 
you submit an electronic comment, the EPA recommends that you include 
your name and other contact information in the body of your comment and 
with any disk or CD-ROM you submit. If the EPA cannot read your comment 
due to technical difficulties and cannot contact you for clarification, 
the EPA may not be able to consider your comment. Electronic files 
should avoid the use of special characters, any form of encryption, and 
be free of any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at the EPA's Region 7 
Superfund Records Center, 901 N 5th Street, Kansas City, Kansas 66101 
and the Waverly City Hall, Lancashire Street, Waverly, Nebraska 68462-
1131. Region 7's Docket Facility is open from 8 a.m. to 4 p.m. by 
appointment, Monday through Friday, excluding legal holidays. The EPA 
Docket telephone number is 913-551-7166. The Waverly City Hall is open 
from 8 a.m. to 4 p.m., Monday through Friday, excluding legal holidays, 
or by appointment. The Waverly City Hall telephone number is 402-786-
2312.
    Information Repositories: Comprehensive information on the Site is 
available for viewing in the Deletion Docket at the information 
repositories located at: U.S. EPA, Region 7, Superfund Division Records 
Center, 901 North 5th Street, Kansas City, Kansas 66101; and the 
Waverly City Hall, Lancashire Street, Waverly, Nebraska 68462-1131.

FOR FURTHER INFORMATION CONTACT: Mr. Fritz Hirter, Community 
Involvement Coordinator (PLMG/OEP) U.S. Environmental Protection 
Agency, Region 7, 901 N 5th Street, Kansas City, Kansas 66101, 
telephone number: 1-800-223-0425 or (913) 551-7130; fax number: 913-
551-9130; e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Applicable Deletion Criteria

I. Introduction

    The EPA, Region 7, is publishing this direct final notice of 
deletion of the Waverly Groundwater Contamination Superfund Site (Site) 
from the National Priorities List (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 the EPA considers this action to be noncontroversial and 
routine, the EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective November 20, 2006 
unless the EPA receives adverse comments by October 19, 2006 on this 
document. If adverse comments are received within the 30-day public 
comment period on this document, the EPA will publish a timely 
withdrawal of this direct final deletion before the effective date of 
the deletion and the deletion will not take effect. The EPA will, as 
appropriate, prepare a response to comments and continue with the 
deletion process on the basis of the notice of intent to delete and the 
comments already received. There will be no additional opportunity to 
comment. Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Site and demonstrates how it 
meets the deletion criteria. Section V states the EPA's action to 
delete the Site from the NPL unless adverse comments are received 
during the comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be deleted 
from the NPL where no further response is appropriate. In making a 
determination to delete a Site from the NPL, the EPA shall consider, in 
consultation with the state, whether any of the following criteria have 
been met:
    a. Responsible parties or other persons have implemented all 
appropriate response actions required.
    b. All appropriate responses under CERCLA have been implemented, 
and no further response action by responsible parties is appropriate.
    c. 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 are 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 a subsequent review of the site to 
ensure that the remedy remains protective of public health and the 
environment. If new information becomes available which indicates a 
need for further action, the EPA may initiate remedial actions. 
Whenever there is a significant release from a site deleted from the 
NPL, the site may be restored to the NPL without the application of the 
Hazard Ranking System.

III. Deletion Procedures

    The following procedures apply to deletion of the Site.
    a. The EPA, Region 7, issued a Record of Decision (ROD) which 
documented the required remedial action.
    b. All appropriate responses by responsible parties have been 
implemented as documented in the Final Close-Out Report dated August 2, 
2006.
    c. The state of Nebraska concurred with deletion of the Site from 
the NPL. The EPA consulted with the state of Nebraska on the deletion 
of the Site

[[Page 54765]]

from the NPL prior to developing this direct final notice of deletion. 
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.
    d. The EPA placed copies of documents supporting the deletion in 
the Deletion Docket at the Site information repositories identified 
above.
    e. If adverse comments are received within the 30-day public 
comment period on this document, the 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 the 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 Intended Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

Site Location

    The Site is located in Lancaster County in southeastern Nebraska, 
in and near the city of Waverly. Waverly is located along State Highway 
6, approximately 10 miles north of Lincoln, Nebraska. The population of 
the city of Waverly is approximately 2637.

Site History

    The Commodity Credit Corporation/U.S. Department of Agriculture 
(CCC/USDA) operated a grain storage facility in Waverly between 1952 
and 1974. The facility consisted of grain storage structures 
(approximately 100 bins and 13 Quonset[supreg] huts) on concrete 
foundations. The fumigant ``80/20'' was used at the facility between 
approximately 1955 and 1965. The fumigant is reported to have been 
composed of 80% carbon tetrachloride and 20% carbon disulfide.
    The EPA sampled the Waverly municipal water system in July 1982 as 
part of a nationwide survey. The analytical results indicated 
contamination of the public water supply (PWS) wells 1 and 3 with 
carbon tetrachloride and chloroform at concentrations of up to 200 
micrograms per liter ([mu]g/L) and 7.5 [mu]g/L, respectively. 
Subsequent sampling of PWS 3 in 1983, 1984, 1985, and 1986 showed high 
levels of carbon tetrachloride and chloroform. In October 1984, the 
Site was placed on the NPL of sites requiring long-term remedial 
action.
    The Site was proposed to the NPL in October 1984 and became final 
in June 1986. The Site contaminants posed a threat to the public health 
through direct contact, potential leaching from soil and the migration 
of contaminants in groundwater.

Immediate Actions

    In May 1986, the EPA developed an Engineering Evaluation/Cost 
Analysis (EE/CA) Report outlining an Expedited Response Action (ERA). 
The ERA included pumping and treating groundwater with air stripping 
technology and soil gas extraction to prevent contamination of drinking 
water wells, prevent further plume migration, and to address soil 
contamination. Design of the systems was completed in May 1987.
    The EPA began operation of the ERA system at the Site in February 
1988. A compliance agreement between the CCC/USDA and the EPA went into 
effect in May 1988. In June 1988, the CCC/USDA took over the operation 
and maintenance of the ERA. In September 1990, the ROD was issued for 
the Site. The CCC/USDA is responsible for implementing the actions 
described in the ROD for the Site.

Record of Decision Findings

    A final ROD was issued by EPA in September 1990. The remedy 
described in the ROD included:
     Extraction of the contaminated groundwater using the 
existing groundwater extraction well (GWEX),
     Onsite treatment of the extracted groundwater using 
existing air strippers,
     Active soil extraction using existing system of soil vapor 
extraction wells, and
     Continued investigation of the contaminant plume and 
monitoring of the system to determine the effectiveness of the remedy.
    The remedial action objectives described in the ROD included:
     The prevention of potential exposure to contaminated 
groundwater,
     The protection of uncontaminated groundwater for future 
use by preventing further migration of the contaminated groundwater 
plume; and
     The restoration of contaminated groundwater for future use 
as drinking water by reducing the carbon tetrachloride and chloroform 
concentrations below health-based criteria.
    The final remedy outlined in the ROD required the following 
additional steps:
     The installation of monitoring well clusters (nested 
wells) to the north and northwest to delineate the magnitude and extent 
of contamination along this potential migration route;
     A survey of existing down-gradient wells north, northeast, 
and northwest of the Site;
     Retrieval of data from the identified wells for use in 
citing the new monitoring well clusters;
     A pumping and recovery aquifer test using the existing 
(GWEX) and monitoring wells to evaluate the hydraulic properties of the 
aquifer;
     Determine the suitability of existing wells for use as 
extraction wells;
     Continue sampling of the existing and new monitoring 
wells, water supply wells, domestic wells, vapor extraction wells, soil 
gas monitoring wells, air compliance points, and GWEX as specified in 
the performance criteria;
     Develop a groundwater flow and transport model of 
sufficient detail to determine the correct pumping rate for the GWEX to 
enable it to capture the entire area of the plume that is above the 
contamination action level; and
     Investigate potential uses for the treated water 
discharged from the GWEX and the air stripping system.
    In 1991-1992, the CCC/USDA conducted additional site investigations 
at the Site to satisfy the requirements of the ROD. The principal 
conclusion of these site investigations were as follows:
     Groundwater beneath the Site flows in a north-northeast 
direction;
     Groundwater contamination was present only in the upper 
aquifer; and
     A plume of groundwater contaminated with carbon 
tetrachloride and chloroform was present to the northeast of the Site.
    Maximum contaminant levels detected in this northeast plume were 
400 [mu]g/L (carbon tetrachloride) and 200 [mu]g/L (chloroform).

[[Page 54766]]

    The contaminant plume to the northeast of the Site identified 
during CCC/USDA's 1991-1992 investigations was beyond the capture zone 
of the existing GWEX and is believed to have migrated from the Site 
before the ERA remedial system began operation. This northeast plume 
also needed to be captured and treated to comply fully with the ROD. To 
meet this objective, modifications for the remedial system were 
proposed by CCC/USDA in 1993 and approved by the EPA and the state of 
Nebraska. The modification involved installing a supplementary 
groundwater extraction well (SGWEX) northeast of the Site and pumping 
the groundwater to the Site's process building for treatment in the 
existing air stripper system. Additional monitoring wells were also 
installed to monitor the progress of the aquifer cleanup. The SGWEX 
system began operation in 1994.

Remedial Actions

    In May 1986, the EPA developed an EE/CA Report outlining an ERA. 
The ERA included pumping and treating the groundwater with air 
stripping technology and soil gas extraction. Design of the system was 
completed in May 1987 and a public meeting was held in Waverly to 
receive comments on the proposed ERA.
    The EPA began operation of the ERA system in February 1988. A 
compliance agreement between CCC/USDA and EPA went into effect in May 
1988. In June 1988, USDA took over operation and maintenance of the 
ERA.
    Designed for a flow rate of 169 cubic feet per minute, the vapor 
extraction system (VES) consisted of 17 vapor extraction wells 
installed in the soil above the water table at depths of 27-39 feet, 
with the lower 15-20 feet screened. The VES removed volatile 
contaminants from solution to the vapor phase as the air was drawn 
through the soil. The CCC discontinued operation of the VES in 1993. 
This action was approved by the EPA in 1995.
    The air stripping system was designed to accept water at a flow 
rate of up to 400 gallons per minute (gpm) from the GWEX, containing 
concentrations of carbon tetrachloride and chloroform of up to 4,000 
parts per billion (ppb) and 360 ppb, respectively, and to remove 99.9% 
of the contaminant concentrations. Water was pumped to a flow 
distributor at the top of the stripper and cascaded down through a bed 
of inert packing material. Clean air entered the bottom of the column 
and was driven upward through the packing and exited at the top of the 
column. The transfer of the VOCs from the water to the air produced 
treated water with very low VOC concentrations and air with elevated 
VOC levels. The air and VOCs exit the system through a stack 41 feet 
above grade. The treated effluent water from the air stripper is 
discharged to a ditch north of the Site. The effluent water flowed west 
via drainage ditches to Salt Creek. Effluent was monitored under a 
permit issued under the National Pollutant Discharge Elimination System 
program.
    The EPA conducted a pre-final construction completion inspection at 
the Site in March 1994 as part of the Site close-out process. The 
report for the Preliminary Close-Out inspection stated that 
modification of the existing GWEX system to add an additional 
groundwater extraction well had been completed in March 1994. The 
Preliminary Close-Out report documented the completion of construction 
at the Waverly Site and provided a schedule for verification of Site 
cleanup and final inspection/close-out of the Site. It was completed 
and signed on March 29, 1994.
    The GWEX was installed on the north edge of the Site in the area of 
greater groundwater contamination. The well was screened at 19-34 feet 
and 39-49 feet below the ground surface. The well was designed to have 
a zone of influence of 1,000 to 1,400 feet while pumping at 150 gpm. 
Based on sampling and monitoring results, the GWEX was shut down with 
EPA approval in 1995.
    As part of the ROD, the EPA required the CCC/USDA to conduct an 
additional Site investigation program. The purpose of this 
investigation was to verify the downgradient performance of the ERA 
system and to further characterize the hydrogeologic setting. A main 
objective of the investigation was the installation of a nest of down-
gradient monitoring wells to the northwest of the Site. These 
monitoring wells (6A, 6B, and 6C) were positioned on Lancaster County 
property. This work was completed in February 1992.
    The additional Site investigations revealed a groundwater 
contaminant plume northeast of the Site. This plume had not been 
captured by the existing GWEX system since the system was only 
affecting the upper aquifer, and the actual radius of influence of the 
GWEX was approximately 800 feet. A portion of the original contaminant 
plume outside the influence of the GWEX was located to the northeast of 
the Site along 141st Street. Consequently, the remedial systems 
required modifications, including the installation of a SWGEX that was 
completed in early 1994. The Site attained the EPA status of 
``Construction Complete'' in April 1994.

Cleanup Standards

    The remedial action cleanup activities are consistent with the 
objectives of the NCP and will provide protection to human health and 
the environment. The cleanup standards for specific media are:
     Groundwater--for carbon tetrachloride and chloroform is 
5.0 [mu]g/L and 3.8 [mu]g/L respectively,
     Surface water (Air Stripper Discharge)--for carbon 
tetrachloride and chloroform is 6.8 [mu]g/L and 5.0 [mu]g/L 
respectively,
     Air ( Combined VOC emissions from VES air stripper 
system)--is 0.147 g/s,
     Soil--for carbon tetrachloride and chloroform are 1.1 
milligrams per kilograms (mg/kg) and 1.7 mg/kg respectively,
     Soil Gas--(Combined for carbon tetrachloride and 
chloroform) is 6.5 [mu]g/m\3\.
    An Explanation of Significant Differences was issued in March 2005, 
deleting soil gas as a cleanup standard.
    Soil and groundwater contamination--major source of contamination 
identified in the ROD--has been addressed. The exposure pathways 
considered in the risk assessment were: worker and resident exposure to 
soil through ingestion and direct contact, exposure to contaminated 
groundwater through ingestion, and exposure to air emissions generated 
by the air stripping and VES through inhalation. Since the likelihood 
of human exposure to significant levels of carbon tetrachloride and 
chloroform contained within soil gas at the Site was remote, this route 
was not considered.
    The following milestones were achieved since the EPA began 
operation of the remedial system at the Waverly Site in February 1988:
     Quarterly monitoring and air sampling data indicated 
compliance was achieved for air media and the CCC/USDA discontinued 
operation of the VES in 1993. This action was approved by EPA in 1995.
     Monthly monitoring and surface water sampling data, 
indicated compliance levels were achieved and the air stripper system 
was shut down with EPA approval in 1999.
     Quarterly monitoring and groundwater sampling results for 
the initial plume indicated compliance was achieved and the GWEX was 
shut down with EPA approval in 1995.
     Quarterly monitoring and groundwater sampling results for 
the offsite plume (being addressed with the

[[Page 54767]]

SGWEX) indicated compliance was achieved and in 2004 the EPA approved 
the shut down of the SGWEX.
    Recent analytical results provided in the Third Quarter FY2006 
report for the Expedited Response Action, Reporting Period April 2006 
through June 2006 indicated that contaminant levels in all sampled 
monitoring wells were below the action levels established in the ROD.

Operation and Maintenance

    The ERA systems design specifications and operation and maintenance 
plans are described in the February 29, 1988, report, Treatment Plant 
Facility Operations and Maintenance Manual for the Expedited Response 
Action, Waverly Groundwater Contamination Site, Waverly, Nebraska.
    In November 1988, Argonne National Laboratory was contracted by the 
CCC/USDA to manage the Site, continue sampling, and operate/maintain 
the ERA systems.
    The basic operation of the systems has not changed since they were 
first installed. However, a number of modifications and additions were 
made by Argonne to improve the systems' effectiveness and to facilitate 
operation. These changes were described in Argonne's 1991 Final Work 
Plan: Expedited Remedial Action, Waverly Contaminated Groundwater Site, 
Waverly, Nebraska.
    The sampling and analysis program required monthly and quarterly 
sampling and analysis of groundwater for carbon tetrachloride 
(CCL4) and chloroform (CHCL3). Data were used to 
track the overall progress toward Site cleanup and to monitor potential 
offsite migration of contaminated groundwater. Cleanup progress was 
determined by comparing the measured contaminant concentrations of the 
environmental samples to specific target concentrations or action 
levels for CCL4 and CHCL3 as described in the 
ROD.
    Since the cleanup levels described in the ROD have been achieved, 
routine O&M is no longer required. However, groundwater sampling at 
compliance points described in the ROD will continue until the final 
Five-Year Review is conducted in 2009.

Five-Year Review

    CERCLA requires a Five-Year Review of all Sites with hazardous 
substances remaining above health-base levels for unrestricted use of 
the Site. The third Five-Year Review report was completed on September 
2, 2004, pursuant to CERCLA 121(c) and to Sec.  300.430(f)(4)(ii) of 
the NCP. The conclusion of this Five-Year Review assessment was that 
the remedial action in operation at the Site at that time was 
protective of human health and the environment. However, hazardous 
substances and pollutants remained onsite at levels above the 
compliance levels outlined in the ROD.
    Sampling activities completed soon after the 2004 Five-Year Review 
was released found contamination levels in all of the compliance points 
described in the ROD had been achieved.
    Recent analytical results provided in the Third Quarter FY2006 
report for the Expedited Response Action, Reporting Period April 2006 
through June 2006 indicated that contaminant levels in all sampled 
monitoring wells continue to be below the action levels established in 
the ROD. Another five-year review report is scheduled for 2009.

Community Involvement

    The EPA published its Community Relations Plan in January 1986. An 
information repository was established at the Waverly City Hall and all 
of the documents used to make decisions related to the remedial action 
were placed there before the ROD was signed. All other reports and fact 
sheets were sent to the repository as they were completed. Documents in 
the Deletion Docket on which EPA relied for recommendation of the 
deletion from the NPL are available to the public in the information 
repositories. A public notice for this action will also be published in 
the local newspapers.

V. Applicable Deletion Criteria

    One of the three 40 CFR 300.425(e)(1)(i) criteria for site deletion 
specifies that EPA may delete a Site from the NPL if, ``Responsible 
parties or other persons have implemented all appropriate response 
actions required.'' The EPA, with the concurrence of the state of 
Nebraska, has determined that all appropriate responses by the 
Responsible Parties have been completed and that no further response 
actions are necessary.

State Concurrence

    In a letter dated August 24, 2006, Nebraska Department of 
Environmental Quality concurred with the proposed deletion of the Site 
from the NPL.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: September 7, 2006.
William W. Rice,
Acting Regional Administrator, Region 7.


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 ``Nebraska'' 
(``NE'') by removing the entry for ``Waverly Groundwater 
Contamination.''

 [FR Doc. E6-15338 Filed 9-18-06; 8:45 am]
BILLING CODE 6560-50-P