[Federal Register Volume 78, Number 33 (Tuesday, February 19, 2013)]
[Rules and Regulations]
[Pages 11589-11593]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-03595]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1990-0011; FRL-9780-6]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List: Deletion of the Kerr-McGee Sewage Treatment
Plant Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 5 is
publishing a direct final Notice of Deletion of the Kerr-McGee Sewage
Treatment Plant Superfund Site (Site) located in West Chicago,
Illinois, 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 an
appendix to 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 Illinois, through the
Illinois Environmental Protection Agency (IEPA), because EPA has
determined
[[Page 11590]]
that all appropriate response actions under CERCLA have been completed.
However, this deletion does not preclude future actions under
Superfund.
DATES: This direct final deletion is effective April 22, 2013 unless
EPA receives adverse comments by March 21, 2013. 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: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1990-0011, by one of the following methods:
http://www.regulations.gov. Follow on-line instructions
for submitting comments.
Email: Timothy Fischer, Remedial Project Manager, at
[email protected] or Janet Pope, Community Involvement
Coordinator, at [email protected].
Fax: Gladys Beard, NPL Deletion Process Manager at (312)
886-4071.
Mail: Timothy Fischer, Remedial Project Manager, U.S.
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard,
Chicago, IL 60604, (312) 886-5787, or Janet Pope, Community Involvement
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West
Jackson Boulevard, Chicago, IL 60604, (312) 353-0628 or (800) 621-8431.
Hand delivery: Janet Pope, Community Involvement
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West
Jackson Boulevard, Chicago, IL 60604. Such deliveries are only accepted
during the docket's normal hours of operation, and special arrangements
should be made for deliveries of boxed information. The normal business
hours are Monday through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding
federal holidays.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1990-0011. 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 email. The http://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through http://www.regulations.gov, your email 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, 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 EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, 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 may not be 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 the hard copy. Publicly available docket materials are available
either electronically at http://www.regulations.gov or in hard copy at:
U.S. Environmental Protection Agency-Region 5, 77 West
Jackson Boulevard, Chicago, IL 60604, Phone: (312) 353-1063, Hours:
Monday through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding federal
holidays.
West Chicago Public Library, 118 West Washington Street,
West Chicago, IL 60185, Phone: (630) 231-1552, Hours: Monday through
Thursday, 9:00 a.m. to 9:00 p.m. CST; Friday and Saturday, 9:00 a.m. to
5:00 p.m. CST; and Sundays until May, 1:00 p.m. to 5:00 p.m. CST.
FOR FURTHER INFORMATION CONTACT: Timothy Fischer, Remedial Project
Manager, U.S. Environmental Protection Agency (SR-6J), 77 West Jackson
Boulevard, Chicago, IL 60604, (312) 886-5787, or
[email protected].
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 5 is publishing this direct final Notice of Deletion of
the Kerr-McGee Sewage Treatment Plant Superfund Site (Kerr-McGee STP
Site) from the National Priorities List (NPL). The NPL constitutes
Appendix B of 40 CFR part 300, which is the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP), which EPA promulgated
pursuant to Section 105 of the Comprehensive Environmental Response,
Compensation and Liability Act (CERCLA) of 1980, as amended. EPA
maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). As described in 300.425(e)(3) of
the NCP, sites deleted from the NPL remain eligible for Fund-financed
remedial actions if future conditions warrant such actions.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective April 22, 2013 unless EPA
receives adverse comments by March 21, 2013. Along with this direct
final Notice of Deletion, EPA is co-publishing a Notice of Intent to
Delete in the ``Proposed Rules'' section of the Federal Register. If
adverse comments are received within the 30-day public comment period
on this deletion action, 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 Kerr-McGee STP 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
The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will 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;
[[Page 11591]]
ii. All appropriate Fund-financed 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.
Pursuant to CERCLA Section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be
restored to the NPL without application of the hazard ranking system.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the State of Illinois prior to developing
this direct final Notice of Deletion and the Notice of Intent to Delete
co-published today in the ``Proposed Rules'' section of the Federal
Register.
(2) EPA has provided the State thirty (30) working days for review
of this notice and the parallel Notice of Intent to Delete prior to
their publication today, and the State, through the IEPA, has concurred
on the 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 is being published in a major local newspaper, ``The
Daily Herald.'' The newspaper notice announces the 30-day public
comment period concerning the Notice of Intent to Delete the Site from
the NPL.
(4) EPA placed copies of documents supporting the proposed deletion
in the deletion docket and made these items available for public
inspection and copying at the Site information repositories identified
above.
(5) If adverse comments are received within the 30-day public
comment period on this deletion action, 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 Background and History
The Kerr-McGee STP Site is located in West Chicago, DuPage County,
Illinois, and is comprised of the West Chicago Sewage Treatment Plant
and approximately 1.2 miles of the West Branch DuPage River. The Site
property and the sediments, banks and floodplain soils along the river
were contaminated with radioactive thorium waste materials that
originated at a thorium milling facility in West Chicago known as the
Rare Earths Facility (REF). West Chicago is located approximately 30
miles west of downtown Chicago, has a population of approximately
27,086 (2010 census), and is characterized as suburban, with primarily
high-density, single-family residential housing. The STP property is
owned and operated by the City of West Chicago and is located at
Illinois Routes 59 and 38 at Sarana Drive. The West Branch DuPage River
is located along the eastern edge of the STP property and flows south
through forest preserve and residential properties. The STP site
extends as far south as the river's confluence with Kress Creek; all
areas of the river south of that point are included as part of the
Kerr-McGee Kress Creek/West Branch DuPage River Site, a related site in
the West Chicago area.
The REF, operated by Lindsay Light and Chemical Company and its
successors from 1932 until 1973, produced radioactive elements such as
thorium, radium and uranium, along with gas lantern mantles, by
extracting the elements from monazite sands and other ores. These
operations resulted in the generation of radioactive mill tailings.
Radioactive ore, tailings and process wastes from the REF were used at
the STP property as fill material and to contour grounds, and also were
used as fill along portions of the riverbank. Over time, some of the
contaminated materials located on the STP property and along the
riverbank entered the river through erosion and surface water runoff
and were deposited downstream in sediments, banks and flood plain
soils. Kerr-McGee purchased the REF in 1967 and maintained operations
until closing the facility in 1973.
EPA proposed the STP site to the National Priorities List (NPL) on
October 15, 1984 (49 FR 40320), and added it to the final list on
August 30, 1990 (55 FR 35502). In 1985, Kerr-McGee entered into an
agreement with the City of West Chicago under which Kerr-McGee
conducted cleanup activities at the STP property, removing an estimated
57,000 cubic yards of material from the site during 1986 and 1987.
Contaminated materials were left behind in certain areas of the STP
property and along the riverbank, and the 1.2 mile stretch of the river
was not addressed by the City's agreement with Kerr-McGee. No other
removal actions were taken at the site until the EPA required the time-
critical removal action discussed below. Currently, there are no
redevelopment plans for the STP site.
Remedial Investigation and Feasibility Study
EPA began a fund-lead remedial investigation/feasibility study (RI/
FS) at the STP site in 1992. EPA's RI was designed to (1) identify
areas of the STP property where residual contamination was left behind
during the mid-1980s cleanup, and (2) fully investigate the nature and
extent of contamination in the river. During settlement negotiations
with Kerr-McGee, a potentially responsible party (PRP), associated with
this site and three other related NPL sites in the West Chicago area,
Kerr-McGee agreed to take over the completion of the RI/FS and to
conduct a time-critical removal action at the STP property. EPA then
divided the STP site into two operable units: An Upland Operable Unit
(STP Upland OU) consisting of the STP property, and a second OU,
consisting of the riverbank along the STP property and the 1.2 mile
stretch of the West Branch DuPage River from the STP property to the
confluence with Kress Creek (STP River OU).
On October 7, 2003, EPA signed an action memorandum for a time-
critical removal action at the STP Upland OU, and on October 16, 2003,
EPA entered into an administrative order on consent (AOC) in which
Kerr-McGee agreed to conduct the removal action. The selected removal
action included excavation and offsite disposal of
[[Page 11592]]
materials contaminated with radiation until predetermined verification
points based upon relevant and appropriate state and federal
regulations were achieved. The predetermined verification points,
consisting of specified depths/elevations at numerous points across the
STP property, were based on extensive site characterization data and
were designed to remove materials that had been identified during site
characterization activities as exceeding 7.2 picoCuries per gram (pCi/
g) combined radium. (The relevant and appropriate state and federal
regulations include a health-based surface soil standard of 5 pCi/g
above background, and background in the West Chicago area was
determined to be 2.2 pCi/g.) The selected removal action also included
backfilling and restoring the excavated areas of the site. Kerr-McGee
began on-site removal action work at the STP Upland OU in October 2003.
On November 21, 2003, EPA signed an AOC with Kerr-McGee under which
they agreed to complete the RI/FS at the STP site. Kerr-McGee completed
the RI and FS reports, and EPA completed the human health and
ecological risk assessment reports. Human health risks that were
identified above protective levels include soil ingestion and
inhalation (non-Radon) risks to maintenance workers and radon
inhalation risks to future residential users at the Upland OU. At the
STP River OU, residential risks to radon inhalation and recreational
risks to fish ingestion were found to be above a protective level. For
the ecological risk assessment, chemical and radiation effects were
assessed at both OUs. EPA determined that potential risks to
environmental receptors would be minimized or eliminated by the cleanup
actions taken at the site.
Kerr-McGee completed most of the on-site removal action work at the
STP Upland OU during 2004. A total of 6,557 loose cubic yards of
contaminated soil was removed from the site. Because portions of the
STP property were used to support remedial action work at the STP River
OU, final restoration activities could not be completed at the Upland
OU until 2006. EPA and the State conducted a pre-final inspection of
the removal action work at the STP Upland OU on August 8, 2006 and
determined that Kerr-McGee had constructed the remedy in accordance
with the removal action plans and specifications. One minor item was
identified during the pre-final inspection; regrading and reseeding of
a small area around a storm inlet manhole--and that action was
completed by August 11, 2006.
In accordance with the AOC for the STP Upland OU, on September 12,
2006, Kerr-McGee prepared and submitted a final removal action report
to EPA for review and approval. EPA approved the removal action report
and issued a Notice of Completion of activities required by the AOC on
August 12, 2008. The cost of the time-critical removal action at the
STP Upland OU reported in the final removal action report was $3.15
million.
Record of Decision Findings
On September 30, 2004, EPA signed a Record of Decision (ROD) for
the STP Site. The ROD for the STP Site addressed both the Upland OU and
the River OU and identified the following remedial action objectives
(RAOs) for the site:
Reduce risks to human health and the environment presented
by sediments and soils containing elevated levels of total radium by
reducing soil concentration to levels that are consistent with the
requirements outlined in 40 CFR part 192 (the regulations implementing
the Uranium Mill Tailings Radiation Control Act) and Illinois Source
Material Milling Regulations; and
Mitigate, to the extent practicable, potential adverse
effects to the environment as a result of implementation of remedial
activities at the site.
For the STP Upland OU, the ROD selected no further action after
completion of the ongoing time-critical removal action at that portion
of the site. For the STP River OU, the ROD selected the following
remedy:
Excavation and off-site disposal of contaminated soils and
sediments from the site using mechanical ``dry excavation'' techniques.
Contaminated materials are those materials within pre-defined
excavation envelopes based on extensive site characterization
activities that identified materials exceeding 7.2 pCi/g;
Mitigation and restoration activities to restore aquatic
and terrestrial areas of the site, including revegetation of
appropriate areas and stabilization of stream banks;
Monitoring and maintenance of restored areas to assess the
effectiveness of stabilization and revegetation measures.
Similar to the removal action at the STP Upland OU, the cleanup at
the STP River OU included excavation of materials contaminated with
radiation until predetermined verification points were achieved. The
predetermined verification points, consisting of specified depths/
elevations at numerous points, were based on extensive site
characterization data and were designed to remove materials that had
been identified as exceeding 7.2 pCi/g.
The ROD specified that the selected remedy for the site is
protective of human health and the environment and will not result in
hazardous substances, pollutants or contaminants remaining on-site
above levels that allow for unlimited use and unrestricted exposure. As
a result, institutional controls are not required for the Site.
In a 2005 federal consent decree with the United States, EPA,
Department of Interior, and the State of Illinois, Kerr-McGee agreed to
perform the remedial design/remedial action (RD/RA) at the STP River OU
and to complete the removal action at the STP Upland OU in accordance
with the AOC for that portion of the site. Kerr-McGee conducted the RD
for the STP River OU as required by the ROD, and the STP River OU was
divided into two discreet ``Reaches'' for design and construction
purposes. Reach 5A comprises the northern portion of the STP River OU,
and extends from the STP property to Gary's Mill Road. Reach 5B
comprises the southern portion of the STP River OU and extends from
Gary's Mill Road to the river's confluence with Kress Creek. On-site
remedial action construction work began in Reach 5A on November 1,
2004, after EPA conditionally approved the remedial design for a
portion of that reach. Remedial action work continued in Reaches 5A and
5B of the site during portions of 2005 and 2006. The sequencing of work
at the STP River OU depended on Kerr-McGee's progress conducting
remedial action work at the related Kerr-McGee Kress Creek site. Kerr-
McGee conducted remedial activities at the STP River OU as planned.
Reach 5A of the site was cleaned up using dry excavation methods.
Individual excavation areas located along the river bank and/or in the
river corridor were isolated with ``super sac'' or sandbag enclosures,
and the area within each enclosure was then dewatered so that
excavation and restoration work could proceed in relatively dry
conditions. A total of 1,432 loose cubic yards of contaminated soil and
sediment was removed from Reach 5A. EPA and the State conducted a pre-
final inspection of the remedial action work in Reach 5A on August 8,
2006, and determined that Kerr-McGee constructed the remedy for that
portion of the site in accordance with the RD plans and specifications.
Minor items were identified during the pre-final inspection, which
included completing
[[Page 11593]]
several plantings and removing some silt fence, and these were
completed by August 11, 2006.
Dry excavation of Reach 5B of the site was accomplished by using a
pump bypass and dewatering system which (1) Isolated the entire reach
with sheet pile diversion and backflow dams, (2) diverted the flow of
the West Branch DuPage River through a 48'' bypass pipe, and (3) used
dewatering sumps within the Reach to control groundwater in the
excavation areas. All excavation work associated with the removal of
contaminated materials was completed by September 9, 2006, and all
contaminated materials were shipped off-site by September 20, 2006. The
pump bypass system remained in operation to complete bank stabilization
activities and in-stream habitat enhancements in dry conditions. Under
a separate consent decree between Kerr-McGee and the local communities,
Kerr-McGee was required to conduct additional habitat enhancement
activities that were not required by the 2005 federal consent decree.
These additional activities necessitated the pump bypass system
operating for a longer period of time than would have been required to
achieve the requirements of the ROD and the 2005 federal consent
decree.
EPA and the State conducted a pre-final inspection of the remedial
action work in Reach 5B on September 29, 2006, and determined that
Kerr-McGee constructed the remedy for that portion of the site in
accordance with the RD plans and specifications.
Cleanup Goals
Contaminated areas at the Kerr-McGee STP site were identified by
the installation of hundreds of soil and sediment borings where gamma
radiation logging was conducted to determine the lateral and vertical
extent of contamination. To verify that the cleanup goals were achieved
at the STP Upland OU, confirmatory soil samples were collected and the
results were documented in the Final Removal Action Report, dated
September 12, 2006. Compliance with the 7.2 pCi/g cleanup standard in
the STP River OU was determined using field surveys to verify that
excavation in the river and flood plain had achieved the identified
elevations and lateral extent where contamination was deposited.
In accordance with the 2005 federal consent decree, the extensive
excavation and radiation logging, and the field surveys document the
successful completion of the remedial action and show that verification
soil samples are not necessary. In addition, the 7.2 pCi/g cleanup
standard at the River OU is a residential cleanup number which
represents a conservative standard for the reasonably anticipated uses
of the River area.
Operation and Maintenance
There are no remaining operation and maintenance requirements for
the Kerr-McGee STP Site. All response activities are complete and all
physical components of the response have been removed.
Five-Year Review
Hazardous substances will not remain at the site above levels that
allow unlimited use and unrestricted exposure after the completion of
the remedial action. Pursuant to CERCLA section 121(c), and as provided
in the current guidance on Five Year Reviews: OSWER Directive 9355.7-
03B-P, Comprehensive Five-Year Review Guidance, June 2001, five-year
reviews are not required for this 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 and at
www.regulations.gov.
Determination That the Site Meets the Criteria for Deletion in the NCP
The NCP (40 CFR 300.425(e)) states that a site may be deleted from
the NPL when no further response action is appropriate. EPA, in
consultation with the State of Illinois, has determined that all
required response actions have been implemented and no further response
action by the responsible parties is appropriate.
V. Deletion Action
EPA, with concurrence from the State of Illinois through the
Illinois Environmental Protection Agency, has determined that all
appropriate response actions under CERCLA have been completed.
Therefore, EPA is deleting the Site from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective April 22, 2013 unless EPA receives adverse comments by
March 21, 2013. 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 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, Radiation protection, Radionuclides, Reporting and
recordkeeping requirements, Superfund, Water pollution control, Water
supply.
Dated: January 28, 2013.
Susan Hedman,
Regional Administrator, Region 5.
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 by removing ``Kerr-
McGee (Sewage Treatment Plant)'', ``West Chicago'', ``IL''.
[FR Doc. 2013-03595 Filed 2-15-13; 8:45 am]
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