[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Proposed Rules]
[Pages 13131-13133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7163]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5445-8]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete the Waste Disposal Engineering Inc.
site from the national priorities list; request for comments.
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SUMMARY: The United States Environmental Protection Agency (U.S. EPA)
Region 5 announces its intent to delete the Waste Disposal Engineering
Inc. (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 Responsible Parties and
the State of Minnesota have implemented all appropriate response
actions required. U.S. EPA, in consultation with the State of
Minnesota, have also determined that no further response is
appropriate. Although full compliance with off-site surface water and
ground water standards has not been demonstrated as yet due to past
interruptions in ground water remediation, the State of Minnesota has
assumed the legal obligation to carry out the response action duties,
including but not limited to operation and maintenance of the remedy
and attaining the response action objectives and cleanup standards. A
determination of compliance with the off-site surface water and ground
water standards will be demonstrated by the State after a longer period
of operation and maintenance of the remedy. Moreover, U.S. EPA and the
State have determined that remedial activities conducted at the Site to
date are and will continue to be 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 25, 1996.
ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial
Project Manager, Office of Superfund, U.S. EPA, Region 5, 77 W. Jackson
Blvd. (SR-6J), Chicago, IL 60604. Comprehensive information on the site
is available at U.S. EPA's Region 5 office and at the local information
repository located at: Anoka County Community Health and Environmental
Service, Anoka County Government Center, Rm. 360, 2100 3th Ave., Anoka,
MN 55303 and Andover City Hall, 1685 Crosstown Blvd. Andover, MN 55304.
Requests for comprehensive copies of documents should be directed
formally to the Region 5 Docket Office. The address and phone number
for the Regional Docket Officer is Jan Pfundheller (H-7J), U.S. EPA,
Region 5, 77 W. Jackson Blvd., Chicago, IL 60604, (312) 353-5821.
FOR FURTHER INFORMATION CONTACT: Lawrence Schmitt, Remedial Project
Manager at (312) 353-6565, Gladys Beard (SR-6J), Associate Remedial
Project Manager, Office of Superfund, U.S. EPA, Region 5, 77 W. Jackson
Blvd., Chicago, IL 60604, (312) 886-7253 or Susan Pastor (P-19J),
Office of
[[Page 13132]]
Public Affairs, U.S. EPA, Region V, 77 W. Jackson Blvd., Chicago, IL
60604, (312) 353-1325.
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 5 announces
its intent to delete the Waste Disposal Engineering Inc. 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 5 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 Waste Disposal Engineering, Inc., Site occupies approximately
114 acres in the City of Andover, Minnesota. Andover has a population
of approximately 9000 and is located 20 miles north of Minneapolis/St.
Paul. Land uses in the vicinity of the site include agricultural,
commercial, and residential, with several subdivisions and a stream
bordering directly on the site. Some area residents rely on local
ground water as a drinking water supply.
The site operated as an open dump from 1963 to 1971, and as a
landfill from 1971 until 1983. Approximately 2.5 million cubic yards of
solid municipal and industrial wastes and 3 million gallons of liquid
industrial wastes were deposited at the site during this time. The site
was proposed for the NPL July 16, 1982. The listing was finalized on
September 8, 1983, Federal Register number 175, volume number 48 and
Page number 40658-40682.
A Remedial Investigation/Feasibility Study was conducted at the
site from 1984 through 1987. Contaminants of concern identified at the
site include a number of volatile organic compounds in ground water,
including 1,1,1-trichloroethane, trichloroethene, and vinyl chloride,
at concentrations well above Maximum Contaminant Levels. The site posed
potential threats to human health and the environment through direct
contact with wastes, soils, and leachate seeps; ingestion of ground or
surface water impacted by the site; and possible off-site migration of
landfill gas containing hazardous constituents.
On December 31, 1987, the Regional Administrator signed a Record of
Decision (ROD) selecting the following remedy:
1. A multilayer soil cap;
2. A ground water containment (extraction and treatment) system;
3. A slurry wall/non-aqueous phase layer control system for a
portion of the site;
4. Wetlands replacement;
5. A monitoring program for ground water, surface water, and
landfill gas;
6. An operation and maintenance program; and
7. Institutional controls.
After attempts at negotiating a consent decree with the PRPs
failed, U.S. EPA issued a CERCLA Section 106 Unilateral Administrative
Order for Remedial Design/Remedial Action (RD/RA) to 28 PRPs on August
23, 1991. The PRPs agreed to implement the Order and completed the RD
for Operable Unit (OU) 1, the ground water containment system, in
October 1992. OU1 Construction was initiated in October 1992 and
completed in September 1993. The RD for OU2, the multilayer cap, was
completed in December 1992, with construction completed in August 1994.
The State provided oversight of all RD/RA activities under a
cooperative agreement with U.S. EPA. U.S. EPA and the State conducted a
final inspection of the site on August 9, 1994.
After the final inspection was completed, the PRPs were required to
discontinue operation of the ground water containment system for
several months due to difficulties in meeting permit requirements for
the discharge of the ground water to a sanitary sewer. The ground water
exhibited a low flash point, creating the hazard of fire or explosion
in the sewer, and the PRPs concluded that the presence of landfill gas
in the ground water was responsible. U.S. EPA approved the PRP's
proposal to construct an air stripping system for the extracted ground
water in March 1995 and the system was completed in June 1995.
[[Page 13133]]
The ground water containment system has operated without
interruption since June 1995, and no further construction is
anticipated. U.S. EPA approved the Remedial Action Report submitted by
the PRPs and issued the Certification of Completion of Remedial
Construction required under the Order to the PRPs on August 10, 1995.
U.S. EPA has also approved the Operation and Maintenance Plan and, as a
result, only routine operating, maintenance, and monitoring are
presently required.
Activities at the site were consistent with the ROD, and work plans
were issued to contractors for design and construction of the RA,
including sampling and analysis. The RD Report, including a Quality
Assurance Project Plan, incorporated all U.S. EPA and State quality
assurance and quality control (QA/QC) procedures and protocol. U.S. EPA
analytical methods were used for all validation and monitoring samples
during remedial action activities.
The QA/QC program utilized throughout this remedial action was
rigorous and in conformance with U.S. EPA and State standards;
therefore U.S. EPA and the State determined that all analytical results
are accurate to the degree needed to assure satisfactory execution of
the remedial action, and consistent with the ROD and RD plans and
specifications.
Since 1983 the MPCA and the U.S. EPA have been involved in numerous
community relations activities associated with the Waste Disposal
Engineering Site. Numerous fact sheets and news releases were issued
throughout the remedial investigation/feasibility study (RI/FS). Public
meetings were held at the beginning of the project on the remedial
investigation report and on the proposed remedy. The City of Andover
and Anoka County officials were invited to participate in the
discussions.
On September 3, 1987, the MPCA issued a news release on the
proposed remedy and the public meeting. On September 8, 1987, U.S. EPA
sponsored an ad in the Minneapolis daily paper announcing the beginning
of the public comment period. On September 14, 1987, a public meeting
was held in the Andover City Hall. On September 29, 1987, the public
comment period was closed. On March 17, 1993, an Environmental News
Release announced the operation schedule of the cleanup at the site.
All the components of the remedy have been fully implemented. On
November 27, 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, including
achieving all cleanup levels for the remedy. Compliance with off-site
surface water and ground water cleanup levels must still be
demonstrated. U.S. EPA will proceed in deleting the site from the NPL.
EPA, with concurrence from the State of Minnesota, has determined
that Responsible Parties and the State of Minnesota have implemented
all appropriate response actions required at the Waste Disposal
Engineering Inc. Superfund Site, and that 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 11, 1996.
David A. Ullrich,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 96-7163 Filed 3-25-96; 8:45 am]
BILLING CODE 6560-50-P
