[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70231-70235]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28142]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-9903-02-Region 5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Columbus Old Municipal 
Landfill 1 Superfund Site

AGENCY: U.S. Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The U.S. Environmental Protection Agency Region 5 is 
publishing a direct final Notice of Deletion of the Columbus Old 
Municipal Landfill 1 Superfund Site (Site) located in 
Bartholomew County, Indiana 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 of 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 Indiana, 
through the Indiana Department of Environmental Management (IDEM), 
because EPA has determined that all appropriate response actions under 
CERCLA, other than operation, maintenance, and five-year reviews, have 
been completed. However, this deletion does not preclude future actions 
under Superfund.

DATES: This direct final deletion is effective January 24, 2014 unless 
EPA receives adverse comments by December 26, 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-1986-0005, by one of the following methods:
     http://www.regulations.gov: Follow online instructions for 
submitting comments.
     Email: Bernard Schorle, Remedial Project Manager, at 
[email protected] or Janet Pope, Community Involvement 
Coordinator, at [email protected].
     Fax: Gladys Beard, NPL Deletion Process Manager, at (312) 
697-2077.
     Mail: Bernard Schorle, Remedial Project Manager, U.S. 
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard, 
Chicago, IL 60604, (312) 886-4746 or Janet Pope, Community Involvement 
Coordinator, U.S. Environmental Protection Agency (SI-7J), 77 West 
Jackson Boulevard, Chicago, IL 60604, (312) 353-0628 or toll free at 1 
(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 hours 
are Monday through

[[Page 70232]]

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-
1986-0005. 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 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 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.
 Bartholomew County Public Library, 536 Fifth Street, Columbus, 
IN 47201, Phone: (812) 379-1255, Hours: Monday through Thursday, 8:30 
a.m. to 9:00 p.m. EST; Friday and Saturday, 8:30 a.m. to 6:00 p.m. EST; 
and Sunday, 1:00 p.m. to 4:00 p.m. EST.

FOR FURTHER INFORMATION CONTACT: Bernard Schorle, Remedial Project 
Manager, U.S. Environmental Protection Agency (SR-6J), 77 West Jackson 
Boulevard, Chicago, IL 60604, (312) 886-4746, [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 Columbus Old Municipal Landfill 1 Superfund Site (Site) 
from the National Priorities List (NPL) and requests public comments on 
this proposed action. 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). 
This deletion of the Columbus Old Municipal Landfill 1 
Superfund Site is proposed in accordance with 40 CFR 300.425(e) and is 
consistent with the Notice of Policy Change: Deletion of Sites Listed 
on the National Priorities List, (51 FR 21054) on June 10, 1986. As 
described in 40 CFR 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 January 24, 2014 unless EPA 
receives adverse comments by December 26, 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 Columbus Old Municipal 
Landfill 1 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

    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;
    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 Old Municipal 
Landfill 1 Superfund Site:
    (1) EPA consulted with the State of Indiana prior to developing 
this direct final Notice of Deletion and the Notice of Intent to Delete 
co-published today in

[[Page 70233]]

the ``Proposed Rules'' section of the Federal Register.
    (2) EPA has provided the State 30 working days for review of this 
direct final Notice of Deletion and the parallel Notice of Intent to 
Delete prior to their publication today, and the State, through the 
Indiana Department of Environmental Management (IDEM), 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 
Republic. 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. EPA may 
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 
Columbus Old Municipal Landfill 1 Superfund Site from the NPL.

Site Background and History

    The Columbus Old Municipal Landfill 1 Superfund Site 
(CERCLIS ID IND980607626) is located in Bartholomew County, Indiana, 
approximately one-quarter mile southwest of Columbus, Indiana. The Site 
is bounded to the west by farmland, with a small portion abutting State 
Road 11; to the east by the East Fork of the White River; to the north 
by 3rd Street Bridge; and to the south by a gravel quarry pond. The 
closest residence to the Site is less than one-half mile away. 
Approximately 33,000 people live within a three-mile radius of the 
Site. Private wells are located within one-half mile of the Site, and 
public wells for water supply are located within three miles.
    The City of Columbus operated the Site from 1938 until 1966 and 
accepted household solid waste, along with commercial and industrial 
solid wastes, at the landfill. Municipal and industrial wastes may have 
included solvents, acids, bases, paints, and heavy metals. The wastes 
were deposited in the unlined landfill. Cover material, consisting of 
river sediment dredged from the adjacent East Fork of the White River, 
was placed over the fill material in the late 1960s.
    In August 1981, the Cummins Engine Company (now Cummins Inc.) 
notified EPA under the provisions of Section 103(c) of CERCLA that the 
Site had received potentially hazardous industrial wastes. The Site was 
proposed to the NPL on September 18, 1985 (FR 50 37950) and finalized 
on June 10, 1986 (FR 51 21054). EPA, IDEM, and the three potentially 
responsible parties (PRPs) for the Site, Cummins Engine Company, City 
of Columbus, and Arvin Industries (now operating as ArvinMeritor), 
entered into an Administrative Order on Consent (AOC) in 1987. The AOC 
required the PRPs to conduct a remedial investigation/feasibility study 
(RI/FS) at the Site. EPA assumed the role of the lead enforcement 
agency and conducted oversight during the RI/FS.

Remedial Investigation and Feasibility Study

    The remedial investigation (RI) commenced in October 1988. The RI 
report, which focused on surface soil, subsurface soil, groundwater, 
surface water, sediments, landfill waste, and possible leachate seeps, 
was finalized and approved by EPA in August 1990. Based on the results 
of the investigation, the baseline risk assessment indicated that the 
landfill posed no threat to human health or the environment in its 
condition at the time. EPA, therefore, concluded that no further action 
was needed at the Site, except for the installation of two additional 
monitoring wells and periodic monitoring of groundwater.
    During the drafting of the feasibility study (FS), the PRPs 
requested that the remedial alternatives developed for the Site 
incorporate the potential placement of a road and bridge across the 
Site. This was to be considered because plans developed by the Indiana 
Department of Transportation, in cooperation with the City of Columbus, 
called for having a section of State Highway 46 re-routed over the 
northwest portion of the Site. EPA and IDEM agreed to the request and 
evaluated the potential environmental impacts of placing the road and 
bridge across the landfill in a separate report entitled ``Technical 
Supplement to the Feasibility Study,'' dated November 7, 1991. The FS 
report was finalized and approved in December 1991.
    While the RI demonstrated that no unacceptable levels of 
contamination were present at the Site in its condition at the time, 
the FS and Technical Supplement concluded that placement of the road 
and bridge across the landfill could potentially result in future 
releases of contaminants into the environment as a result of the load 
induced by the roadway fill material.

Record of Decision Findings

    The Record of Decision (ROD) for the Site was signed on March 31, 
1992. The ROD selected the following remedy:
    1. Installation of two groundwater monitoring wells to augment the 
existing well network;
    2. Implementation of a groundwater monitoring program;
    3. Implementation of a landfill cover inspection and maintenance 
program, including a provision for periodic leachate seep inspections;
    4. Development of a groundwater recovery system implementation 
plan;
    5. Implementation of deed restrictions on land and water use on the 
landfill; and
    6. Installation of a fence with appropriate warning signs around 
the landfill.

Response Actions

    A remedial design/remedial action work plan, approved in October 
1993, was developed to guide implementation of the elements required in 
the ROD. Installation of the two additional monitoring wells was 
completed in November 1993, and the PRPs began bi-monthly monitoring 
and inspection of the Site in December 1993. EPA's pre-final inspection 
was conducted in August 1994, at which point the construction of the 
remedy was considered complete. The Site achieved construction 
completion with the signing of the Preliminary Close-Out Report on 
September 15, 1994. The PRPs continued bi-monthly monitoring and 
inspections until the construction of the new bridge and approach road 
over the landfill was completed in May 1999. The fence around the 
landfill was installed immediately following the completion of 
construction and prior to

[[Page 70234]]

the opening of the bridge in April 1999. The warning signs along the 
fence were posted as specified. After the road and bridge construction 
was completed, the PRPs continued groundwater monitoring and inspection 
bi-monthly from May through October 1999 and then semi-annually through 
April 2003.
    A Declaration of Restrictions and Covenants Upon Real Estate was 
signed by the land owners and filed in the Bartholomew County Office of 
Registrar of Deeds in June 1993, restricting land and water use on-site 
during and after the construction of the road and bridge. It was 
determined during the 2005 Five-Year Review (FYR), however, that this 
deed restriction encompassed only the southern portion of the landfill. 
As a result, an Environmental Protection Easement and Environmental 
Restrictive Covenant was drafted to restrict land and groundwater use 
on the northern portion of the landfill, now owned by the City of 
Columbus. This Covenant was executed by all necessary parties and filed 
in December 2010. With the filing of the Covenant and a final site 
inspection conducted in November 2009, the remedial action (RA) was 
considered complete. The final RA report was approved in January 2011.
    Although the ROD stated that EPA would request the local 
municipality to enact a zoning ordinance to forbid use of the site and 
restrict drilling of groundwater wells, this was not necessary because 
the City of Columbus and the other owners of the Site agreed to 
restrict use and prohibit installation of groundwater wells at the Site 
by recording real estate restrictions. This achieved the remedial 
action objective by providing binding restrictions on current and 
future landowners.

Cleanup Goals

    IDEM identified thirteen wells, eleven existing and two new wells, 
for bi-monthly monitoring in order to evaluate the potential impact on 
the landfill from the road and bridge construction activities. 
Groundwater monitoring data was collected from the thirteen wells 
between December 1993 and October 1999, which was before, during, and 
after the road and bridge construction activities at the Site. Based on 
the review of groundwater data before and after construction, there is 
no evidence that the construction activities had an effect on the 
groundwater quality or physical condition of the landfill Site.
    In December 1999, the PRPs submitted a summary and review of 
groundwater data collected bi-monthly over the 1993-1999 time period. 
IDEM approved the report in January 2000. With the approval of the 
report, the monitoring program was changed to semi-annual sampling. 
Semi-annual sampling was conducted over the remainder of a five-year 
cycle, which commenced with the first bi-monthly sampling event during 
road and bridge construction in April 1998. The cycle was completed in 
April 2003 with the final groundwater-monitoring event.
    IDEM approved the Final Remedial Action Completion Report submitted 
by the PRPs on January 31, 2011. The report summarized the groundwater 
monitoring and sampling work performed at the Site over the 11-year 
period. The report found no evidence that construction activities had 
an effect on the concentration and distribution of target compounds in 
groundwater at the Site. Since groundwater monitoring concentrations 
were consistently below the maximum contaminant levels and no 
additional actions were necessary, approval was granted by IDEM and EPA 
to permanently abandon the groundwater wells. This action was completed 
in November 2010, and the well abandonment activities were approved by 
IDEM in February 2011.

Operation and Maintenance

    Landfill inspections will continue to be done annually in 
accordance with the October 2012 Operation and Maintenance Plan. The 
landfill cover and fence are inspected annually and following any major 
flooding event to verify cover integrity and look for signs of 
excessive trespassing or dumping of wastes. In addition, the annual 
inspections serve to determine compliance with the provisions of the 
Declaration of Restrictions and Covenants Upon Real Estate and the 
Environmental Protection Easement and Environmental Restrictive 
Covenant. These inspections also verify that the Site is not being used 
for prohibited activities and that the documents specifying the 
property use restrictions are still on record with the Bartholomew 
County Recorder.

Five-Year Review

    The Site requires ongoing statutory FYRs because hazardous 
substances, pollutants, or contaminants remain onsite. FYRs were 
completed in August 2000, September 2005 and May 2010. The most recent 
FYR concluded that the selected remedy was protective of human health 
and the environment in the short term. However, an environmental 
restrictive covenant for the northern part of the landfill was needed 
for long-term protectiveness, which requires compliance with effective 
institutional controls (ICs). The environmental restrictive covenant 
was recorded in December 2010, and the October 2012 Operation and 
Maintenance Plan provides the procedures to be used for long-term 
stewardship.

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 implemented remedy achieves the degree of cleanup specified in 
the ROD for all pathways of exposure. All selected remedial action 
objectives and clean-up goals are consistent with Agency policy and 
guidance. No further Superfund response actions are needed to protect 
human health and the environment at the Site.
    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 Indiana, has determined that all 
required response actions have been implemented and no further action 
is appropriate.

V. Deletion Action

    EPA with the concurrence of the State of Indiana, through IDEM, has 
determined that all appropriate response actions under CERCLA, other 
than operation, maintenance, and five-year reviews, have been 
completed. Therefore, EPA is deleting the Columbus Oil Municipal 
Landfill 1 Superfund 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 January 24, 2014 unless EPA receives adverse comments by 
December 26, 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.

[[Page 70235]]

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: September 16, 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--[NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN]

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--[National Priorities List]

0
2. Table 1 of Appendix B to part 300 is amended by removing ``Columbus 
Old Municipal Landfill 1'', ``Columbus''.

[FR Doc. 2013-28142 Filed 11-22-13; 8:45 am]
BILLING CODE 6560-50-P