[Federal Register Volume 61, Number 50 (Wednesday, March 13, 1996)]
[Proposed Rules]
[Pages 10298-10300]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-6012]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5434-6]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of Intent to Delete the East Bethel Landfill Site from
the National Priorities List; Request for Comments.
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SUMMARY: The United States Environmental Protection Agency (U.S. EPA)
Region V announces its intent to delete the East Bethel Landfill Site
from the National Priorities List (NPL) and requests public comment on
this action. The NPL constitutes Appendix B of 40 CFR part 300 which is
the National Oil and Hazardous Substances Pollution Contingency Plan
(NCP), which U.S. EPA promulgated pursuant to Section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA) as amended. This action is being taken by U.S. EPA,
because it has been determined that all Fund-financed responses under
CERCLA have been implemented and U.S. EPA, in consultation with the
State of Minnesota, has determined that no further response is
appropriate. Moreover, U.S. EPA and the State have determined that
remedial activities conducted at the Site to date have been protective
of public health, welfare, and the environment.
DATES: Comments concerning the proposed deletion of the Site from the
NPL may be submitted on or before April 12, 1996.
ADDRESSES: Comments may be mailed to Rita Garner-Davis (SR-6J)
Associate Remedial Project Manager, Office of Superfund, U.S. EPA,
Region V, 77 W.
[[Page 10299]]
Jackson Blvd., Chicago, IL 60604. Comprehensive information on the site
is available at U.S. EPA's Region V office and at the local information
repository located at: East Bethel City Hall and the Minnesota
Pollution Control Agency Public Library, 520 Lafayette Rd., St. Paul,
MN 55155-4194. Requests for comprehensive copies of documents should be
directed formally to the Region V Docket Office. The address and phone
number for the Regional Docket Officer is Jan Pfundheller (H-7J), U.S.
EPA, Region V, 77 W. Jackson Blvd., Chicago, IL 60604, (312) 353-5821.
FOR FURTHER INFORMATION CONTACT:
Rita Garner-Davis (SR-6J), Associate Remedial Project Manager, Office
of Superfund, U.S. EPA, Region V, 77 W. Jackson Blvd., Chicago, IL
60604, (312) 886-2440 or Eileen Deamer (P-19J), Office of Public
Affairs, U.S. EPA, Region V, 77 W. Jackson Blvd., Chicago, IL 60604,
(312) 886-1728.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
The U.S. Environmental Protection Agency (EPA) Region V announces
its intent to delete the East Bethel Landfill Site from the National
Priorities List (NPL), which constitutes Appendix B of the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP), and requests
comments on the proposed deletion. The EPA identifies sites that appear
to present a significant risk to public health, welfare or the
environment, and maintains the NPL as the 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
Section 300.425(e)(3) of the NCP, any site deleted from the NPL remains
eligible for Fund-financed remedial actions if the conditions at the
site warrant such action.
The U.S. EPA will accept comments on this proposal for thirty (30)
days after 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 the history of this site and explains
how the site meets the deletion criteria.
Deletion of sites from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Furthermore, deletion
from the NPL does not in any way alter U.S. EPA's right to take
enforcement actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist in Agency management.
II. NPL Deletion Criteria
The NCP establishes the criteria the Agency 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, U.S. 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; or
(ii) All appropriate Fund-financed responses under CERCLA have 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, remedial measures are not appropriate.
III. Deletion Procedures
Upon determination that at least one of the criteria described in
300.425(e) has been met, U.S. EPA may formally begin deletion
procedures once the State has concurred. This Federal Register notice,
and a concurrent notice in the local newspaper in the vicinity of the
Site, announce the initiation of a 30-day comment period. The public is
asked to comment on U.S. EPA's intention to delete the Site from the
NPL. All critical documents needed to evaluate U.S. EPA's decision are
included in the information repository and the deletion docket.
Upon completion of the public comment period, if necessary, the
U.S. EPA Regional Office will prepare a Responsiveness Summary to
evaluate and address comments that were received. The public is welcome
to contact the U.S. EPA Region V Office to obtain a copy of this
responsiveness summary, if one is prepared. If U.S. EPA then determines
the deletion from the NPL is appropriate, final notice of deletion will
be published in the Federal Register.
IV. Basis for Intended Site Deletion
The East Bethel Landfill is located in north-central Anoka County,
approximately a half mile east of Minnesota Highway 65 along 217th
Avenue. The East Bethel Landfill is a mixed municipal solid waste and
demolition waste disposal facility. The Landfill ceased general
acceptance of mixed municipal solid waste in 1974, and thereafter until
April 9, 1994, accepted only demolition debris, certain industrial
wastes, and mixed municipal solid waste from residents of the City of
East Bethel. From April 9, 1994 until April 30, 1995, the Landfill
accepted for disposal only demolition waste in accordance with the
limitations set forth in a Minnesota Statute dated October 7, 1994.
The first set of ground water samples collected from existing
monitoring wells in 1982 indicated the presence of VOCs in the ground
water near the Site. Subsequent sampling confirmed the presence of VOCs
in the ground water.
In October, 1984, the Site was placed on Minnesota's Permanent List
Priorities (PLP) and U.S. EPA's National Priorities List (NPL) (Federal
Register 51 page 21054).
The Remedial Investigation (RI) Report was submitted in February,
1990, and approved by MPCA on May 23, 1990. There were three phrases of
the Feasibility Study (FS). The first phase of the FS, the
Establishment of Response Action Objectives Report, was approved on May
16, 1991. The second phase of the FS the Alternatives Report (AR) was
developed and submitted to MPCA on June 17, 1991. The AR was developed
to review the various response actions that were outlined in the
Objectives Report. The AR was approved by the MPCA on October 3, 1991.
The third phase of the FS the Detailed Analysis Report (DAR) was
submitted January, 1992. There was a DAR addendum to supply additional
information. The DAR Addendum was approved on August 10, 1992. In 1989,
an Interim Response Action Pumping, (IRAP) system was installed at the
site. The IRAP operated during the summer and fall of 1990, but could
not operate during 1991 due to operational problems. The operational
problems were corrected and the system operated from May to October 16,
1992.
The Record of Decision (ROD) was signed by U.S. EPA on December 30,
1992. The December 30, 1992, ROD identified two operable units to be
addressed as a part of the remediation of the East Bethel Landfill
Site. Operable unit one is the ground water contamination and operable
unit two is the source of contamination, the landfill.
The remedy selected in the 1992 ROD for operable unit one (ground
water contamination) consists of withdrawal of contaminated ground
water, treatment of ground water, and discharge of treated water as
well as
[[Page 10300]]
continued monitoring of the contaminated aquifers. This remedy
addresses remediation of ground water by eliminating or reducing the
risks posed by the site, through ground water pump and treat. The final
report for the completion of construction of the ground water remedial
action was approved by letter of the MPCA dated September 26, 1995.
The second operable unit is the Landfill (the source of
contamination). The owners of the landfill are constructing a landfill
cap using Responsible Parties' monies. Under the Landfill Cleanup
Program, the MPCA would maintain the cap, operate the ground-water
pump-and-treat system, and monitor the ground water and the passive gas
system.
The Remedial Investigation/Feasibility Study (RI/FS) and the
Proposed Plan for the Site were released to the public for comment on
August 12, 1992. The notice of availability for the RI/FS and the
Proposed Plan was published in the August 7, 1992 edition of the Anoka
County Union, the local newspaper. The public comment period began on
August 12, 1992 and ended on September 10, 1992. A public meeting was
held on August 27, 1992, at the Cedar Creek Elementary School located
in East Bethel. At this, meeting representatives from the MPCA,
Minnesota Department of Health (MDH), and Environmental Protection
Agency (EPA) answered questions about problems at the Site and the
remedial alternatives under consideration. No person requested an
extension to the public comment period.
All the components of the remedy have been fully implemented. On
October 31, 1995, the site was issued a Notice of Compliance (NOC) from
the State under the Minnesota Landfill Cleanup Law. The State has now
assumed full responsibility for the remedy at this site. There are no
additional cleanup levels to achieve for the remedy. U.S. EPA will
proceed in deleting the site from the NPL.
Upon completion of construction of the landfill cap, the following
will occur: (1) a certificate of construction completion of the
remedial action will be issued in accordance with the RA design plan,
and (2) a final report documenting the completion of construction will
be prepared in accordance with the MPCA Consent Order.
EPA, with concurrence from the State of Minnesota, has determined
that all appropriate Fund-financed responses under CERCLA at the East
Bethel Landfill Superfund Site have been completed, and no further
CERCLA response is appropriate in order to provide protection of human
health and the environment. Therefore, EPA proposes to delete the site
from the NPL.
Dated: February 8, 1996.
David A. Ullrich,
Acting Regional Administrator, USEPA, Region V.
[FR Doc. 96-6012 Filed 3-12-96; 8:45 am]
BILLING CODE 6560-50-P
