[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Proposed Rules]
[Pages 15273-15275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7195]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5177-5]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete the Koch Refining Company 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 Koch Refining Company 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 24, 1995.
ADDRESSES: Comments may be mailed to Gladys Beard (HSRM-J) Associate
Remedial Project Manager, Office of Superfund, U.S. EPA, Region V, 77
W. 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: Minnesota Pollution Agency Public
Library, 520 Lafayette RD. St. Paul, MN 55155-194. 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 [[Page 15274]] Pfundheller (H-J), U.S. EPA,
Region V, 77 W. Jackson Blvd., Chicago, IL 60604, (312) 353-821.
FOR FURTHER INFORMATION CONTACT: Gladys Beard (HSRM-J) Associate
Remedial Project Manager, Office of Superfund, U.S. EPA, Region V, 77
W. Jackson Blvd., Chicago, IL 60604, (312) 886-253 or Cheryl Allen (P-
9J), Office of Public Affairs, U.S. EPA, Region V, 77 W. Jackson Blvd.,
Chicago, IL 60604, (312) 353-6196.
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 Koch refining Company 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 Koch Refining Company is located at the Junction of Highway 52
and 54 in Rosemount, Dakota County, Minnesota. In 1984, the staff from
the Minnesota Pollution Control Agency (MPCA) and Minnesota Department
of Health (MDH) sampled and analyzed two residential wells downgradient
of the Koch Refining Company (Koch) Site. The analysis of the samples
indicated the residential wells were contaminated with VOCs. The Koch
Refining Company had been supplying bottled water to these two
residents as well as a third since the early 1970's in response to
analytical results showing high specific conductance, phenols and
elevated concentrations of several major ions. Potential sources of
contamination at the Site included leaks, spills and discharges from
active and inactive watewater lagoons, process areas, internal
pipelines and waste treatment areas.
On October 15, 1984, the Site was placed on the Permanent List
Priorities (PLP) and the National Priorities List (NPL), Federal
Register 49 page 40320.
In January 1985, a Request for Response Action (RFRA) was issued to
Koch requesting Koch to conduct a Remedial Investigation/Feasibility
Study (RI/FS) for the Site. The Site investigations, reported in the
1986 and 1988 RI, identified the source of contamination in the
residential wells to be from a petroleum release originating from the
on-site barge dock pipeline. The RI reports also identified several
areas of concern including solid waste management units that the MPCA
is currently addressing under the authority contained in the Resource
Conservation Recovery Act (RCRA). In addition, the petroleum releases
are being addressed by the Underground Storage Tank (UST) regulations
of RCRA. However, because the barge dock pipeline release was being
addressed under Superfund authority, it was not included in the areas
addressed by the UST regulation of RCRA. Therefore, the MPCA pursued
the completion of the RI/FS and developed and implemented a Record of
Decision (ROD) for the barge dock pipeline release.
The ROD identified three operable units to be addressed as a part
of the remediation of the barge dock release: the Product Recovery
System for removal and treatment of free floating hydrocarbon and
contaminated ground water; the Ground Water Gradient Control System for
containment and treatment of contaminated ground water; and the Soil
Gas Extraction System for treatment of contaminated soil. Koch has
implemented the product system and is working on a pilot study for the
Soil Gas Extraction System. The pilot study is part of the Tank 12
release soil gas extraction system currently being addressed under the
authority contained in the UST regulations of RCRA. The Tank 12 release
is a petroleum spill from a storage tank number twelve.
The Underground Storage Tank Program, established in Subtitle I of
the Resource Conservation Act (RCRA), as amended by the Hazardous and
Solid Waste Amendments for 1984 (HSWA) is the regulatory authority with
jurisdiction over cleanup of petroleum releases. Therefore, it is
recommended that clean-up activities for the barge [[Page 15275]] dock
pipeline be implemented under the authorities contained in the UST
provisions of RCRA. The MPCA is in agreement with this approach.
The transfer of Site clean-up activities from CERCLA to RCRA
authority is completed once the NPL and PLP delisting has taken place.
EPA, with concurrence from the State of Minnesota, has determined
that all appropriate Fund-financed responses under CERCLA at the Koch
Company 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: March 9, 1995.
David A. Ullrich,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 95-7195 Filed 3-22-95; 8:45 am]
BILLING CODE 6560-50-P
