[Federal Register Volume 61, Number 146 (Monday, July 29, 1996)]
[Proposed Rules]
[Pages 39383-39385]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-19088]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5542-9]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of Intent to Delete the Oak Grove Sanitary Landfill Site
from the National Priorities List; request for comments.
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SUMMARY: The Environmental Protection Agency (EPA) Region V announces
its intent to delete the Oak Grove Township, Anoka County, Minnesota
[[Page 39384]]
from the National Priorities List (NPL) and requests public comment.
The NPL is Appendix B of 40 CFR part 300 which is the National Oil and
Hazardous Substances Contingency Plan (NCP), which 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 EPA, because it has been determined that all
Fund-financed response under CERCLA has been implemented and EPA, in
consultation with the State of Minnesota has determined that no further
cleanup is appropriate. Moreover, 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 until August 28, 1996.
ADDRESSES: Comments may be mailed to Timothy Prendiville (SR-6J)
Remedial Project Manager, Office of Superfund, U.S. EPA, Region V, 77
W. Jackson Blvd., Chicago, IL 60604. The comprehensive information on
the site is available at the local information repositories located at:
Oak Grove Township Hall, Cedar, MN. and the St. Francis Branch of the
Anoka Public Library, St. Francis, MN.
Requests for comprehensive copies of documents should be directed
formally to the appropriate Regional Docket Office. Address for the
Regional Docket Office is Jan Pfundheller (H-7J), U.S. EPA, Region V,
77 W. Jackson Blvd., Chicago, IL 60604, (312) 353-5821.
FOR FURTHER INFORMATION CONTACT: Timothy Prendiville, Remedial Project
Manager, Office of Superfund, U.S. EPA, Region V, 77 W. Jackson Blvd.,
Chicago, IL 60604, (312) 886-5122 or Don DeBlasio (P-19J), Office of
Public Affairs, U.S. EPA, Region V, 77 W. Jackson Blvd., Chicago, IL
60604, (312) 886-4360.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Conclusion
I. Introduction
The U.S. Environmental Protection Agency (EPA) Region V announces
its intent to delete the Oak Grove Sanitary Landfill Site from the
National Priorities List (NPL), Appendix B to the National Oil and
Hazardous Substances Contingency Plan, 40 CFR Part 300 (NCP), and
requests comments on the deletion. The EPA identifies sites which
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 Superfund (Fund) Fund-Financed remedial
actions. Pursuant to Sec. 300.425(e)(3) of the NCP, any site deleted
from the NPL remains eligible for additional Fund-financed remedial
actions in the unlikely event that conditions at the site warrant such
action.
The EPA will accept comments on this proposal for 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.
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, 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;
(ii) All appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate;
(iii) The remedial investigation has shown that the release poses
no significant threat to public health or the environment and,
therefore, taking of remedial measures is not appropriate.
Before EPA can delete a site from the NPL, the state in which the
site was located must concur on the proposed deletion. EPA shall
provide the state 30 working days for review of the deletion notice
prior to its publication in the Federal Register.
As noted above, deletion of a site from the NPL does not preclude
eligibility for subsequent additional Fund-financed actions if future
site conditions warrant such actions.
Deletion of sites from the NPL does not itself create, alter,
revoke any individual's rights or obligations. Furthermore, deletion
from the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist in Agency management.
III. Deletion Procedures
Upon determination that at least one of the criteria described in
Sec. 300.425(e) has been met, EPA may formally begin deletion
procedures. 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 EPA's intention to delete the site from the NPL. All critical
documents needed to evaluate EPA's decision are generally included in
the information repository and the deletion docket.
Upon completion of the public comment period, the EPA Regional
Office will, if necessary prepare a Responsiveness Summary to evaluate
and address concerns which were raised. The public is welcome to
contact the EPA Regional Office to obtain a copy of this responsiveness
summary, when available. If EPA still determines that 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 following summary provides the Agency's rationale for intending
to delete the site from the NPL: The Oak Grove Sanitary Landfill was
entered on the NPL approximately June 10, 1986, (51 FR 111). The 45-
acre Oak Grove Sanitary Landfill is a former municipal and industrial
solid waste landfill in Oak Grove Township, Anoka County, Minnesota.
Land consists of low regions of uplands and sand dunes intersperse
among numerous lakes and wetlands. The nearby developed land use in the
area is agricultural and residential. The site overlies two aquifers,
which are separated by a semi-confining layer. The deeper aquifer
provides regional potable water and supplies many area residential
wells. Landfill operations began in 1967 and continued until 1984, when
the operating license was suspended. An estimated 2.5 million cubic
yards of waste is present in the landfill including acidic oil sludge,
paint and solvent waste, foundry sands and sludge, inorganic acids,
metal sludge, and chlorinated and unchlorinated organic compounds from
pesticide manufacturing. In addition, lime sludge was used as a cover
material on two thirds of the landfill. A 1988 Record of Decision (ROD)
addressed the sources of contamination by containing the onsite waste
and contaminated soil with a cover. EPA investigations in 1989
determined that the contaminated shallow aquifer discharges directly to
[[Page 39385]]
the surface water of the adjoining wetlands where ground water
contamination is being reduced by natural attenuation, and thus,
limiting migration of contaminants to the surface water.
This ROD addresses remediation of contaminated shallow ground
water, prevention of significant impacts on surface water from the
discharge of contaminated shallow ground water, and provides for
continued use of the deep aquifer as a drinking water supply. The
primary contaminants of concern affecting the ground water are VOCs
including benzene, toluene, and xylenes; and metals including arsenic.
On October 15, 1990, the Remedial Investigation/Feasibility Study
(RI/FS Report) and the Proposed Plan for the Oak Grove Sanitary
Landfill Site were released to the public for comment.
The selected remedial action for this site includes long term
monitoring of the shallow and deep aquifers, surface water, and
sediment at a frequency of three times per year for the first year and
semi-annually thereafter; natural attenuation of shallow ground water;
abandoning non-essential wells; and implementing institutional controls
including ground water use restrictions.
During Phase 1 of the Remedial Action, debris was removed from the
site and a security fence was installed around the perimeter off the
Landfill. Warnings signs were posted along the fence to provide site
information as well as telephone number for further information. This
was completed by August 1993.
Phase II began and consisted of soil excavation, installation of
monitoring wells, groundwater, surface water, and sediment sampling;
air monitoring, and construction of the Landfill Cover. The process
began approximately on August 1992 and final inspection was completed
on September 2, 1993, by representatives of MPCA and EPA.
In 1994, the Legislature of the State of Minnesota enacted the
Landfill Cleanup Law, Minnesota Laws 1994, ch. 639, codified at
Minnesota 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 receive 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 response for issuing a notice of
compliance, all work would be expected, (under a state order or under
state closure requirements) to be completed.
A notice of compliance was issued by MPCA for the Oak Grove
Sanitary Landfill on May 14, 1996. MPCA has since assumed all
responsibility for the Oak Grove Sanitary Landfill 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.
V. Conclusion
EPA, with concurrence of the State of Minnesota has determined that
all appropriate Fund-financed responses under CERCLA at the Oak Grove
Sanitary Landfill Site have been completed, and no further Superfund
response is appropriate in order to provide protection of human health
and the environment. Therefore, it is proposed that the site be deleted
from the NPL.
Dated: July 16, 1996.
Michelle D. Jordan,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 96-19088 Filed 7-26-96; 8:45 am]
BILLING CODE 6560-50-P
