[Federal Register: August 21, 2008 (Volume 73, Number 163)]
[Rules and Regulations]
[Page 49349-49353]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr21au08-8]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1987-0002; FRL-8706-5]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct Final Notice of Deletion of the Waste Inc. Landfill
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 Waste Inc. Landfill
Superfund Site (Site), located in Michigan City, 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 Appendix B of 40 CFR
part 300, which is the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP). This direct final deletion is being published
by EPA with the concurrence of the State of 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 October 20, 2008 unless
EPA receives adverse comments by September 22, 2008. 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-
[[Page 49350]]
SFUND-1987-0002, by one of the following methods:
E-mail: Dion Novak, Remedial Project Manager, at
novak.dion@epa.gov or Robert Paulson, Community Involvement
Coordinator, at paulson.robert@epa.gov.
Fax: Gladys Beard at (312) 886-4071.
Mail: Dion Novak, Remedial Project Manager, U.S.
Environmental Protection Agency (SR-6J), 77 W. Jackson Blvd., Chicago,
IL 60604, (312) 886-4737, or Robert Paulson, Community Involvement
Coordinator, U.S. Environmental Protection Agency (P-19J), 77 W.
Jackson Blvd., Chicago, IL 60604, (312) 886-0272 or 1-800-621-8431.
Hand delivery: Robert Paulson, Community Involvement
Coordinator, U.S. Environmental Protection Agency (P-19J), 77 West
Jackson Blvd., 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.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1987-0002. 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 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 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, 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:
The Regional Office, U.S. Environmental Protection Agency, 77 W.
Jackson Blvd., Chicago, IL, official hours of business are Monday
through Friday, 8:30 a.m. to 4:30 p.m., excluding Federal holidays.
Michigan City Public Library, 100 E. Fourth St., Michigan City, IN
46360, (815) 939-4564, Monday through Thursday, 9 a.m. to 8 p.m., and
Friday and Saturday, 9 a.m. to 6 p.m.
FOR FURTHER INFORMATION CONTACT: Dion Novak, Remedial Project Manager,
U.S. Environmental Protection Agency (SR-6J), 77 W. Jackson Blvd.,
Chicago, IL 60604, (312) 886-4737, novak.dion@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region V is publishing this direct final Notice of Deletion of
the Waste Inc. Landfill (Site) from the National Priorities List (NPL).
The NPL constitutes Appendix B of 40 CFR part 300, which is the 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 October 20, 2008 unless EPA
receives adverse comments by September 22, 2008. 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 Waste Inc. Landfill 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
[[Page 49351]]
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 Indiana 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 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 Indiana Department of
Environmental Management, 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
LaPorte County News-Dispatch. 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 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:
A five-year review was completed on September 27, 2006, and the
review concluded that the site remedy was protective of human health
and the environment. The Site has achieved cleanup standards.
Site Background and History
Site Location
The Waste Inc. Landfill is located in LaPorte County, Indiana, at
1701 East U.S. Highway 12 in Michigan City, Indiana and the CERCLIS ID
is IND980504005. The 32-acre site, which is comprised of the Waste Inc.
and Lin-See, Ltd. properties, is bounded by U.S. Highway 12 to the
northwest, Michigan Auto Builders and Sullair Corporation to the north
and east, Trail Creek to the east and south, and Lake Aluminum
Corporation (property owned by Northern Indiana Steel Supply Company,
Inc.-NISSCO) to the west.
Site History
In 1939, prior to its development as a landfill, the Site consisted
of agricultural land with some lowlands. A metal salvage and
reclamation facility on the west side of the Site covered most of the
wetland area present in 1939. A small disposal mound was located in the
north central portion of the Site in 1954, and an abandoned meander
appeared to contain debris. A long mound that consisted of debris,
fill, and scrap metal wastes was located along the western perimeter.
These mounds expanded over time, and additional mounding occurred in
the southeast and southwest portions of the site. Portions of the Site
were cleared in 1961 and 1965 to provide parking areas.
Dis-Pos-All Services Division, a division of NISSCO, operated the
Site as a landfill from 1965 to 1972. NISSCO sold its disposal
operation to Waste Inc. in 1972. Waste Inc. continued to operate the
landfill until August 1982. The current owners of the facility are Lin-
See Corporation and the County of LaPorte, Indiana.
Dis-Pos-all Services submitted a proposal to the Indiana Stream
Pollution Control Board for operation of the landfill in November 1970.
Under the proposal, the landfill would only accept paper, wood, and
cardboard, with foundry sand used as cover material. The Board issued a
non-objection letter to the proposal in 1971. Several subsequent
inspections by the Indiana State Board of Health determined that the
Site was accepting unapproved material for disposal and was not
properly covering combustible material. The Site was ordered closed and
covered with clay by the Board in a letter dated August 18, 1974.
Waste Inc. submitted an application to the Board in May 1975 for
construction and operation permits. Although the application was
denied, no hearing was held on the Waste Inc. appeal of the denial and
the site continued to operate. An Agreed Order was executed between
Waste Inc. and the Board in May 1981 that set conditions for continued
operation of the landfill. A Consent Order was signed in August 1982
that closed the Site, but allowed the acceptance of foundry sand for
disposal and allowed Waste Inc. Landfill to begin covering the Site
with clay. In 1983, in response to State of Indiana enforcement
actions, a Court Order demanded proper closure of the site.
In January 1985, an EPA hazard ranking system evaluation of the
Site resulted in an overall hazard ranking score of 50.63. The Site was
placed on the NPL in 1987. A Remedial Investigation/Feasibility Study
was conducted from March 1987 to September 1993, pursuant to a consent
order with EPA. A Record of Decision (ROD) documenting the required
remedial action was signed on August 29, 1994. A Unilateral Order was
issued on December 8, 1995, which became effective on January 8, 1996,
for remedial design/remedial action/operation and maintenance
activities.
Remedial Investigation and Feasibility Study (RI/FS)
The RI found that the principal sources of groundwater in the Site
area are the unconsolidated deposits of Quaternary glacial drift. These
can be divided into four units, including two sand and gravel aquifers
and two confining glacial tills. At the Site, only the two shallowest
units are present; a dune sand aquifer (depth approximately 17 feet) is
underlain by a calcareous silty till (approximately 100 feet thick).
Soil samples collected at the Site were found to be contaminated
with volatile organics up to levels of approximately 890,000 parts per
billion (ppb), semi-volatile organics up to levels of approximately
6200 ppb, polychlorinated biphenols (PCBs) up to levels of 4400 ppb,
and inorganics up to levels of 191,000 ppb.
Groundwater samples collected at the Site were found to be
contaminated with volatile organics up to levels of 47 ppb, semi-
volatile organics up to levels of 53 ppb, and inorganics up to levels
of 1900 ppb.
A risk assessment was conducted and it was determined that there
were possible carcinogenic (cancer causing) risks from exposure to
contaminated soils (polynuclear aromatic hydrocarbons (PAHs), PCBs and
arsenic); carcinogenic risks from
[[Page 49352]]
groundwater ingestion (carcinogenic PAHs); non-carcinogenic risks from
groundwater ingestion (antimony); and carcinogenic and non-carcinogenic
risks from ingestion of fish exposed to Site leachate.
The risk assessment for fish ingestion was completed with
laboratory studies which simulated the exposure of fish to Site
leachate concentrations. This exposure scenario is extremely
conservative and the potential for concentrations of leachate to
migrate to Trail Creek is no longer possible because the leachate
collection trench is operating as designed and groundwater elevation
data indicate containment. The likelihood that leachate concentrations
would migrate undiluted into Trail Creek before the site remedy was
implemented was also extremely unlikely. The resultant risk
calculations demonstrated the need for groundwater containment at the
Site property boundary but were never based on actual fish sampling,
nor was this necessary due to the dilution impacts of the Creek and the
identification of many other potential sources of discharge to the
Creek that would be much more significant contributors to any Creek
contamination issues.
Record of Decision Findings
The ROD for the Waste Inc. Landfill site was signed on August 29,
1994. The major components of the remedy selected in the ROD included
the following:
(1) Installation of a Subtitle D cap, meeting the requirements of
329 Indiana Administrative Code (IAC) 2-14-19(3)(b) and 329 IAC
19(3)(a)-(c).
(2) Containment of site shallow groundwater and leachate via an
installed collection trench with direct discharge to the Sanitary
District of Michigan City.
(3) Collection of landfill gas.
(4) Rerouting the onsite storm sewer.
(5) Removal of an underground fuel storage tank.
(6) Abandonment of an onsite groundwater well.
(7) Posting of fish advisory signs on the site fence along Trail
Creek.
(8) Monitoring of groundwater and surface water.
(9) Implementation of institutional controls such as fencing, deed
restrictions, and groundwater monitoring.
Response Actions
The final Remedial Action (RA) workplan was submitted to EPA on
August 28, 1996, which divided the remedial action into two phases to
expedite the construction schedule and adequately prepare the Site so
the landfill cover could be constructed under optimum conditions. Phase
1 included construction of various Site preparation tasks, in
compliance with the performance specifications presented in the
remedial design. These tasks were conducted from September 1996 to
April 1997 and included clearing/grubbing of the Site, waste
consolidation around the perimeter of the Site, removal of an on-site
underground storage tank, abandonment of a water well and several
monitoring wells, sliplining the existing concrete storm sewer, and
installation of the leachate/shallow groundwater collection system.
Phase 2 was conducted from April 1997 to September 1997 and
included construction of the landfill cover and associated landfill gas
collection system. A pre-final inspection was performed on September
17, 1997 with construction found to be substantially complete. A final
inspection was completed at the site on October 15, 1997. A
Construction Completion Report was submitted by the Potentially
Responsible Parties (PRPs) in November 1997 and EPA subsequently issued
a Preliminary Close Out Report on December 18, 1997.
Cleanup Goals
The five-year review recommended the placement of institutional
controls on both parcels; and this has been completed (Restrictive
covenants were placed on the Waste Inc. Landfill property August 9,
2007 and the Lin-See property March 16, 2007). The landfill cap has
been completed and prevents direct human contact with wastes in the
soil. Confirmatory groundwater sampling has determined that the ROD
goal of containment at the property boundary has been achieved.
The leachate and shallow groundwater collection trench is keyed
into the underlying confining layer so that all shallow groundwater and
leachate are collected by the trench and conveyed through dedicated
piping to the Sanitary District pursuant to a permit for direct
discharge. The trench is effectively containing the migration of Site
groundwater as is demonstrated by the groundwater elevation information
presented in the final closeout report. The District indicates that
shallow groundwater and leachate sent to the District system meets the
permit requirements for discharge, as outlined originally in the Site
ROD and subsequently updated in permit renewals.
As outlined in the Final Close Out Report, a technical memorandum
was developed that would address remediation of the deeper aquifer
groundwater if monitoring determined that contamination was migrating
to the deeper aquifer. Site monitoring data indicates that the
contamination is confined to the shallow aquifer, which is being
collected by the leachate trench and that there has been no
contamination found in the deep aquifer. Monitoring will continue and
if deep aquifer contamination is detected, the contingency actions in
the technical memorandum will be implemented. This is required by and
enforceable under the Site consent decree still in place for the Site.
Operation and Maintenance
Primary activities associated with Site Operation Maintenance
(O&M), as performed by the Site PRP group include:
[dec221] Landfill cap maintenance.
[dec221] Groundwater and surface water monitoring.
[dec221] Landfill gas monitoring.
[dec221] Surface water controls--control of siltation and erosion
of the landfill cap.
[dec221] Periodic mowing of the landfill cover vegetation.
[dec221] Coordination with the Sanitary District to provide
leachate and shallow groundwater monitoring information to ensure that
discharge permit conditions are satisfied.
Institutional Controls
Two of the property owners, Lin-See Corporation and LaPorte County,
placed institutional controls on the parcels at the Site (March 16,
2007 and August 9, 2007, respectively). The institutional controls were
to restrict land and groundwater uses of the site as restrictive
covenants on both Site parcels. These restrictive covenants are
enforceable by the Site PRPs, EPA, and IDEM, and the recorded
instruments have been filed in LaPorte County. The fish advisory signs
remain intact on the site fencing, as the fish advisory remains in
effect for the entirety of Trail Creek. The signs will remain on the
site fencing during the Operation and Maintenance (O&M) period as
required by the ROD and Consent Decree (CD). The State monitors fish in
Trail Creek as part of their periodic water quality assessment process,
and the fish advisory will be modified according to the normal
procedures of the State. As stated above, the site shallow groundwater
and leachate are not migrating to Trail Creek so any current
contamination issues in the Creek are the result of other sources.
[[Page 49353]]
Five-Year Review
EPA conducted five-year reviews of the Site in 2001 and 2006. In
the reviews, EPA concluded that all remedial actions are complete. The
next five-year review will be conducted in 2011. The latest five-year
review called for the placement of restrictive covenants on both Site
parcels and as outlined above, this is complete. The review also called
for an analysis of the impacts of the revised Maximum Contaminant Level
(MCL) for arsenic on the Site remedy. EPA has determined that the
revised arsenic MCL has limited impact on the protectiveness of the
Site remedy because the goal of the groundwater collection at the Site
is to contain any off-site migration of Site groundwater and the only
performance standard for the collected groundwater are the discharge
requirements placed by the Sanitary District. As the District continues
to allow discharge from the Site without the need for pretreatment and
the Site groundwater is effectively controlled by the collection
trench, the protectiveness of the Site remedy is not impacted by the
revised MCL for arsenic and this will be further documented in the next
five-year review.
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 Indiana, has determined that the
responsible parties have implemented all response actions required.
V. Deletion Action
EPA, with concurrence of the State of Indiana through the Indiana
Department of Environmental Management, has determined that all
appropriate response actions under CERCLA (other than operation,
maintenance, monitoring and five-year reviews) 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 October 20, 2008 unless EPA receives adverse comments by
September 22, 2008. 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 substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: August 7, 2008
Walter W. Kovalick Jr.,
Acting Regional Administrator, Region V.
0
For the reasons set out in this document, 40 CFR part 300 is amended as
follows:
PART 300--[AMENDED]
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.
Appendix B--[Amended]
0
2. Table 1 of Appendix B to part 300 is amended under Indiana (IN) by
removing the site name ``Waste Inc. Landfill'' and the corresponding
City/County designation ``Michigan City''.
[FR Doc. E8-19256 Filed 8-20-08; 8:45 am]
BILLING CODE 6560-50-P