[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37875-37876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18041]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR PART 300
[FRL-5539-8]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of Intent to Delete the St. Augusta Landfill/Engen Dump
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 St. Augusta Landfill/Engen
Dump 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 August 21, 1996.
ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial
Project Manager, Superfund Division, U.S. EPA, Region V, 77 W. Jackson
Blvd. (SR-6J), 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 Control Agency, 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: Gladys Beard (SR-6J), Associate
Remedial Project Manager, Superfund Division, U.S. EPA, Region V, 77 W.
Jackson Blvd., Chicago, IL 60604, (312) 886-7253 or Susan Pastor (P-
19J), Office of 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 V announces
its intent to delete the St. Augusta/Engen Dump Site from the National
Priorities List (NPL), which constitutes Appendix B of the National Oil
and Hazardous
[[Page 37876]]
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 that 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 St. August Landfill/Engen Dump is located in the northeast
quarter of Section 12, T123N, R28W, and the northwest quarter 7, T123N,
R27W of St. Augusta Township, Stearns County, Minnesota. The site is
bounded by the Mississippi River on the northeast, Johnson Creek on the
southeast, Interstate Highway 94 on the west, and privately owned land
to the south and the north.
The Engen Dump consists of two areas approximately 11 acres and 8
acres in size. The St. Augusta Landfill is approximately 16 acres in
size. A borrow pit that was used to provide cover material for the St.
Augusta Landfill is located on the northern side of the landfill.
Landfilling operations were conducted at the dump and landfill
between 1966 and 1982. The site was the primary waste disposal site for
the St. Cloud area during this time. The Engen Dump began to receive
municipal, commercial, and industrial wastes in 1966. The industrial
wastes disposed of at the dump consisted of ground glass, solids and
sledges, paper pulp waste, ash, and small amounts of cutting oils,
coolants, solvents, paints, and cleaning compounds. The dump was phased
out of operation between 1971 and 1972 and portions of the dump were
covered with on-site soils.
In June of 1985, the site was given a score of 34 under the
Superfund program hazard ranking system score. The site was proposed
for the Federal National Priorities (NPL) on September 8, 1985. The
listing was finalized in July 22, 1987, 52 FR 140.
A September 1992 Groundwater Operable Unit Remedial Investigation/
Feasibility Study (RI/FS) was prepared to fulfill the requirements of
the Request for Response Action (RFRA) issued by the Minnesota
Pollution Control Agency (MPCA) in 1993. The recommended remedial
action under the RFRA for addressing site contamination was no further
action. A no further response action was chosen for the Site because a
Closure Plan was prepared and executed for the landfill as part of the
Solid Waste Disposal Facility Permit (SW-35) issued by MPCA. No final
Record of Decision (ROD) was issued on the Site.
In 1994, the Legislature of the State of Minnesota enacted the
Landfill Cleanup Law, Minn. Laws 1994, ch. 639, codified at Minn. Stat.
Sec. Sec. 115B.39 to 115B.46 (the Act), authorizing the Commissioner of
the Minnesota Pollution Control Agency (MPCA) to assume responsibility
for future environmental response actions at qualified landfills that
have received notices of compliance from the Commissioner of MPCA.
Additionally, the Act established funds to enable the MPCA to perform
all necessary response, operation and maintenance at such landfills. At
sites where no responsible parties are conducting response actions
under CERCLA, MPCA is responsible for issuing a notice of compliance,
after it determines that all work that could be expected under a state
order or under state closure requirements, has been completed.
A notice of compliance was issued by MPCA for the St. August
Landfill/Engen Dump Site on May 8, 1995. MPCA has since assumed all
responsibility for the St. August Landfill/Engen Dump under the Act.
Therefore, no further response actions under CERCLA are appropriate at
this time. Consequently, U.S. EPA proposes to delete the site from the
NPL.
EPA, with concurrence from the State of Minnesota, has determined
that all appropriate Fund-financed responses under CERCLA at the St.
August Landfill/Engen Dump Superfund Site have been completed , and no
further CERCLA response is appropriate in order to provide protection
of human health and environment. Therefore, EPA proposes to delete the
site from the NPL.
Dated: June 17, 1996.
David A. Ullrich,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 96-18041 Filed 7-19-96; 8:45 am]
BILLING CODE 6560-50-P
