[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Proposed Rules]
[Pages 51395-51398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24449]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5309-1]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete the Arsenic Trioxide Site from the
National Priorities List: Request for comments.
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SUMMARY: The Environmental Protection Agency (EPA), Region VIII
announces its intent to delete the Arsenic Trioxide Site (Site) from
the National Priorities List (NPL) and requests public comment on this
action. EPA and the State of North Dakota (State) have determined that
all appropriate response actions have been implemented at the Site and
that no further cleanup by responsible parties is appropriate.
Moreover, EPA and the State have determined that remedial activities
conducted at the Site are protective of public health, welfare, and the
environment.
DATES: Comments concerning the propose deletion of the Arsenic Trioxide
Site may be submitted to EPA by November 1, 1995.
ADDRESSES: Comments may be mailed to: Mr. Barry Levene (8HWM-SR), U.S.
Environmental Protection Agency, Region VIII, 999 18th Street, Suite
500, Denver, Colorado 80202-2466.
Comprehensive information on this Site is available through the
EPA, Region VIII public docker, which is located at EPA's Region VIII
Administrative Records Center and is available for viewing from 8 a.m.
to 4:30 p.m., Monday through Friday, excluding holidays. Requests for
documents should be directed to the EPA, Region VIII Records Center.
The address for the Regional Records Center is: Administrative
Records Center, U.S. Environmental Protection Agency, Region VIII, 999
18th Street, 5th Floor, Denver, Colorado 80202-2466, (303) 293-1807.
Background information from the Regional public docket is also
available for viewing at the Arsenic Trioxide site information
repositories located at the: North Dakota Department of Health,
Missouri Office Building (Room 203), 1200 Missouri Avenue, Bismarck,
North Dakota 58504.
Hours: 8 a.m. to 5 p.m., Monday through Friday.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Summary of Community Relations Activities
VI. Site Summary
I. Introduction
The Environmental Protection Agency (EPA), Region VIII announces
its intent to delete the Arsenic Trioxide Site (Site) located in
Southeastern, North Dakota, from the National Priorities List (NPL) and
requests comments on this deletion. The NPL constitutes Appendix B of
the National Oil and Hazardous Substances Pollution Contingency Plan
(NCP), Title 40 of the Code of Federal Regulations (40 CFR), as
amended. EPA identifies sites that appear to present a significant risk
to public health, welfare, or the environment maintains the NPL as a
list of those sites. Sites on the NPL may be the subject of remedial
actions financed by the Hazardous Substance Superfund Response Trust
Fund (Fund). Pursuant to Sec. 300.425(e)(3) of the NCP, any site
deleted from the NPL remains eligible for Fund-financed remedial
actions in the unlikely event that future conditions at the site
warrant such action.
It is EPA's intent to delete the Arsenic Trioxide Site the NPL. EPA
will accept comments on this proposed deletion for thirty days
following publication of this notice in the Federal Register.
Section II of this notice explains the criteria for deleting sites
from the NPL. Section III discusses procedures that EPA is using for
this action. Section IV discusses how the Arsenic Trioxide site meets
the deletion criteria.
Deletion of sites from the NPL does not itself create, alter, or
revoke any individual's rights or obligations with regard to an
individual site. The NPL is designed primarily for informational
[[Page 51396]]
purposes and to assist EPA management.
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 this
determination, EPA will consider whether any of the following criteria
have been met:
(i) EPA, in consultation with the State, has determined that
responsible or other parties have implemented all appropriate response
actions required; or
(ii) All appropriate Fund-financed responses under CERCLA have been
implemented and EPA, in consultation with the State, has determined
that no further cleanup by responsible parties is appropriate; or
(iii) Based on a remedial investigation, EPA, in consultation with
the State, has determined that the release poses no significant threat
to public health or the environment and, therefore, taking of remedial
measures is not appropriate.
For all Remedial Actions (RA) which result in hazardous substances,
pollutants, or contaminants remaining at the site above levels that
allow for unlimited use and unrestricted exposure, it is EPA's policy
that a review of such action be conducted no less than every five years
after initiation of the selected RA. As stated under ``Basis for
Intended Deletion,'' the selected remedy for the Arsenic Trioxide Site
provides arsenic removal from groundwater in compliance with the Safe
Drinking Water Act. Institutional Controls are required to ensure that
the groundwater remedy remains protective. In accordance with 40 CFR
300.430 (f)(4)(ii), a five-year review is, therefore, required for this
Site. A five-year review is scheduled for this site on September 1,
1998.
III. Deletion Procedures
EPA, Region VIII will accept and evaluate public comments before
making a final decision to delete the Arsenic Trioxide Site. The
following procedures were used for the intended deletion of this Site:
1. EPA, Region VIII has recommended deletion of the Arsenic
Trioxide Site and has prepared the relevant documents.
2. The State of North Dakota has concurred with EPA's
recommendation for deletion.
3. Concurrent with this National Notice of Intent to Delete, a
local notice has been published in local newspapers and has been
distributed to appropriate Federal, State and local officials, and
other interested parties.
4. The Region has made all relevant documents available in the
Regional Office and local site information repositories.
The comments received during the notice and comment period will be
evaluated before making a final decision to delete. The Region will
prepare a Responsiveness Summary, which will address the comments
received during the public comment period.
Subsequent to the public comment period, a deletion will occur
after EPA publishes a Notice of Deletion in the Federal Register. The
NPL will reflect any deletions in the next final update. Public notices
and copies of the Responsiveness Summary will be made available to
local residents by Region VIII.
IV. Basis for Intended Site Deletion
The following summary provides EPA's rationale for recommending
deletion of the Arsenic Trioxide Superfund Site.
The Arsenic Trioxide Superfund Site is composed of 20 townships in
the three counties of Richland, Ransom and Sargent, located in the
southeastern corner of North Dakota and encompassing about 568 square
miles. This area consists primarily of sparsely populated farmland and
includes the small cities of Lidgerwood (Lidgerwood), Milnor (Milnor),
and Wyndmere (Wyndmere). Approximately 4,500 people live in the entire
study area with approximately 970 in Lidgerwood, 650 in Milnor, and 550
in Wyndmere. Ground water systems include the deeper Dakota Sandstone
Aquifer (200 to 1,000 feet below land surface), and the more shallow
glacial drift aquifers (3 to 156 feet below land surface).
Arsenic-laced bait was used extensively throughout North Dakota to
combat grasshopper infestations in the 1930s and early 1940s. During
routine water-quality monitoring of municipal supplies in 1979, the
State detected elevated levels of arsenic in Lidgerwood. These levels
exceeded the Maximum Contaminant Level (MCL) of 0.05 milligram/liter
(mg/1), designated by EPA pursuant to the Safe Drinking Water Act
(SDWA), and were determined to be a health risk by the State and EPA.
Additional monitoring detected more widespread occurrence of arsenic
within ground water below surrounding rural areas. In October 1981, the
Site was proposed for listing on the National Priorities List (NPL) as
a Superfund Site. Final listing of the Site on the NPL occurred on
September 8, 1993.
The State and EPA concluded in a final Remedial Investigation (RI)
Report dated December 1985, that the elevated levels of arsenic in
ground water resulted both from use of arsenic-based grasshopper bait
and naturally occurring sources. It was estimated that 330,000 pounds
of arsenic trioxide bait may have been applied to the entire study
area. Samples taken along a confirmed area of bait spreading indicated
no evidence of remnant arsenic within the soils. The arsenic
contamination in the ground water appears to be limited to the seven
major unconfined glacial drift aquifers. The Feasibility Study (FS) was
completed in September 1986.
During this same time, Lidgerwood was ordered to take appropriate
measures to provide drinking water that met the MCL for arsenic.
Lidgerwood built a new water treatment plant, overseen by the State
under the SDWA, which was completed in 1986.
EPA issued a Record of Decision (ROD) on September 25, 1986. The
purpose of the remedy was to reduce human exposure to arsenic-
contaminated ground water by providing treated water to households with
elevated arsenic levels within the Site through rural water
distribution systems. The selected remedy was to provide arsenic
removal to below the MCL for arsenic, pursuant to the SDWA. The remedy
included:
(1) Expansion of the existing Richland Rural Water Treatment Plant
located in Mantador, North Dakota and its associated distribution
capacity to provide drinking water to rural households;
(2) ``No Action'' for Lidgerwood, which had constructed and was
about to commence using a new water treatment plant built specifically
to address arsenic contamination; and
(3) ``No Action'' for Wyndmere, whose water treatment plant was
producing water within the SDWA limits for arsenic.
Institutional controls were also to be investigated further,
including restrictions on existing well use, restrictions on well
drilling, a well-permitting system, and economic incentives for
participation in the new distribution system and non-use of well water.
Several developments occurred after the ROD was signed. Lidgerwood
requested that the construction of its water treatment plant and the
replacement of its distribution system be considered as part of the
overall RA for the Site under section 104 of the
[[Page 51397]]
Comprehensive, Environmental Response, Compensation, and Liability Act
(CERCLA) and, therefore, associated costs be considered reimbursable.
In addition, the Lidgerwood plant did not work properly after the first
six months of operation in the late summer of 1986. Wyndmere also
requested that expansion of its water treatment plant's capacity to
cover periods of high demand, during which it must bypass its plant
with untreated water high in arsenic, be considered as part of the
overall RA for the Site.
In April 1987, a Cooperative Agreement (CA) was awarded to the
State to study the Lidgerwood and Wyndmere plants, with the objective
of determining the extent of repairs necessary to correct problems at
the Lidgerwood plant and of verifying the Wyndmere plant's capacity
problem. Subsequently, a supplemental RA to the 1986 ROD was approved
on February 5, 1988, for:
(1) Reimbursement from the Superfund to Lidgerwood for allowable
costs associated with construction of its water treatment plant;
(2) Modification of the Lidgerwood water treatment plant; and
(3) Expansion of the Wyndmere Water Treatment Plant to increase
storage capacity. Expansion consisted of a 50,000-gallon, potable water
storage reservoir and related minor adjustments and modifications to
the existing plant.
EPA designated the Richland Rural Water Treatment System as
Operable Unit I (OUI), and Lidgerwood and Wyndmere as OUII.
Between September 1986 and February 1990, additional water-quality
monitoring identified arsenic-contaminated ground water in proximity to
Milnor. Milnor is located within the areal boundaries of the Site and a
portion of the city residents obtained their daily drinking water needs
from a shallow ground water source containing elevated concentrations
of arsenic.
The Bureau of Reclamation, through an Interagency Agreement (IAG)
with EPA and the State, recommended that the Richland Rural Water
Treatment Plan distribution be expanded to incorporate Milnor. This
action would limit the potential exposure to arsenic-contaminated
drinking water supplies of residents within the Milnor city limits. EPA
approved Milnor's addition to the remedy for OUI. This is designated as
phase 2 of OUI. An Explanation of Significant Differences (ESD) dated
September 25, 1992, explains the decision to add Milnor as a second
phase of RA for OUI.
The major components of the resultant sitewide remedy included:
(1) Expansion of the existing Richland Rural Water Treatment Plan
located in Mantador, North Dakota and its associated distribution
capacity to provide safe drinking water to households within the City
of Milnor and rural areas within the Site;
(2) Expansion and modification of the existing Lidgerwood Water
Treatment Plant to increase treatment capability and storage capacity
and, thereby, provide safe drinking water to households within the City
of Lidgerwood; and
(3) Expansion and modification of the existing Wyndmere Water
Treatment Plant to increase treatment capability and storage capacity
and, thereby, provide safe drinking water to households within the City
of Wyndmere.
In March 1987, a CA was awarded to the State to develop RD for the
expansion of the Richland Rural Water Treatment Plant and distribution
system. A subsequent CA to conduct RA was awarded to the State in
August 1989. In July 1990, construction at the Richland Rural Water
Treatment Plant commenced upon award by the State of RA contracts to
three contractors. This construction included some 300 miles of water
distribution pipeline, the construction of seven additional water
storage reservoirs, the drilling and completion of three additional
water supply wells, and the approximate doubling of the existing water
treatment system.
A pre-final conference and inspection was conducted by EPA and the
State on September 25, 1991; the Operational and Functional (O & F)
period would have been formally completed in September 1992, but was
delayed due to incorporation of Milnor in OUI.
The CA for RA was amended in September 1991, to incorporate Milnor
within the Richland Rural Water Treatment Plant expansion. Activities
to add Milnor to the Richland Rural Water Treatment System began in
September 1991. During the summer of 1992, a 135,000 gallon potable-
water reservoir, a water distribution system with approximately 300
service connections and associated pipelines, and connection to the
Richland Rural Water Treatment Plant and distribution system was
constructed. EPA and the State, in conjunction with Milnor, conducted a
pre-final conference and inspection on August 28, 1992. A pre-final
inspection report (Report) was prepared which summarized the completed
RA activities for OUI, including Milnor, and presented a description
and schedule for completion of the remaining tasks necessary to
complete RA. The Report certified that the RA activities were performed
according to design and specification requirements set forth in the
approved RD as required by the ROD. A Preliminary Close Out Report
documenting completion of construction for the entire Site, based upon
completion of OU I as the final construction phase, was issued by EPA
on September 30, 1992.
The primary punchlist items to be completed included final testing
of the Milnor distribution system and restoration of streets affected
during construction. These tasks, including the drilling of a fourth
water well, were completed by June 18, 1993. A walk-through inspection
of both phases of OUI, which confirmed these findings, was conducted by
EPA, the State, and Milnor immediately following the final inspection
conference on June 28, 1993.
At the State's request, EPA assumed the lead for RA undertaken for
Lidgerwood. EPA signed an IAG with the Bureau of Reclamation for
construction of Lidgerwood modifications in March 1989. Actual
construction for the Lidgerwood plant began August 16, 1989, and was
essentially completed by January 30, 1990. A one-year facility
shakedown and evaluation of the modifications was completed on January
31, 1991.
In June 1988, EPA awarded a CA to the State to develop RD for the
Wyndmere plant. Subsequently, the State awarded the initial contract
for construction of the Wyndmere modifications to a local contractor in
March 1989. Actual construction for the Wyndmere plant began August 3,
1989, and construction activities were essentially completed by mid-
January of 1990. However, minor operating problems developed and
additional modifications to the plant were necessary. Among other
modifications, a separate post-chlorination system was installed. An
additional testing period from May through September 1990, was
conducted, and the one-year O & F period was completed in January 1991.
Final inspections of both the Wyndmere and Lidgerwood plants were
conducted on January 16, 1991, by EPA, the State, and the cities of
Wyndmere and Lidgerwood, respectively. It was determined that
modification of the plants was 100 percent complete and the plants were
operating as required. Remedial Action Reports for the Wyndmere plant
and for the Lidgerwood plant, as approved by EPA in March 1991, certify
that the plants have achieved the ROD objective of reducing human
exposure to arsenic-
[[Page 51398]]
contaminated ground water and that the plants are in compliance with
the SDWA MCL for arsenic.
V. Summary of Community Relations Activities
The State and EPA initiated community relations activities in March
1992 by conducting a public meeting to discuss sampling results of the
Lidgerwood municipal water supply and private wells within the study
area. While not a large meeting, the State has maintained an on-going
effort to meet the continued interest expressed by area residents.
Community relations activities included public meetings; routine
publication of progress fact sheets; development and distribution of a
pamphlet entitled, ``Things You Should Know About the Arsenic Sampling
of Water Supplies in the Richland, Wyndmere, Lidgerwood Area (An
Informal Discussion);'' and a tour of the Rural Water Treatment Plant
(OUI) upon the completion of construction activities. A short video
titled, ``A Taste of Water'' chronicles the history of the Site and is
being publicly distributed.
VI. Site Summary
Based upon validation sampling and analyses of the data gathered
from the individual water quality monitoring programs, it has been
determined that the RAs for both Operable Units of the Arsenic Trioxide
Site have achieved the ROD objective of reducing human exposure to
arsenic-contaminated ground water and that the water treatment plants
are in compliance with the MCL for arsenic, pursuant to the SDWA. These
analyses are included as appendices to each RA Report and are
sufficient to support deletion of the Site from the NPL. After deletion
from the NPL, the Site will be monitored by the State which has primacy
for the Public Water System Supervision (PWSS) program, and which will
enforce compliance with all MCLs, including arsenic. EPA, Region VIII's
Water Management Division provides oversight of the State's PWSS
program. Five-year reviews, or their equivalent, are required at this
Site because the remedy will result in hazardous substances remaining
on-site above health-based levels. The five-year review will be
completed for this site no later than June 30, 1998.
Dated: September 25, 1995.
Jack McGraw,
Acting Regional Administrator, U.S. Environmental Protection Agency,
Region VIII.
[FR Doc. 95-24449 Filed 9-29-95; 8:45 am]
BILLING CODE 6560-50-M
