[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Proposed Rules]
[Pages 51496-51499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24507]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-6441-4]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List Update
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete the Baxter/Union Pacific Railroad
Tie Treating Plant Superfund Site from the National Priorities List;
request for comments.
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SUMMARY: The Environmental Protection Agency (EPA) Region VIII
announces its intent to delete the Baxter/Union Pacific Railroad Tie
Treating Plant (the Site) located in Laramie, Wyoming from the National
Priorities List (NPL), and requests public comment on this action.
The NPL, a list of sites EPA evaluates for priority clean up of
hazardous wastes, is found in appendix B of 40 CFR part 300 which is
the National Oil and Hazardous Substances and Pollutant Contingency
Plan (NCP). EPA promulgated the NCP pursuant to section 105 of the
Comprehensive Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA).
EPA and the State of Wyoming Department of Environmental Quality
(the State) propose this deletion under the terms of EPA's policy
entitled ``The National Priorities List for Uncontrolled Hazardous
Waste Sites; Deletion Policy for Resource Conservation and Recovery Act
Facilities.'' In this policy EPA announced that, consistent with the
NCP criteria for deletion of sites from the NPL, the Agency would
delete sites if corrective actions proceed under the Resource
Conservation and Recovery Act (RCRA). The EPA, in consultation with the
State, has determined that all appropriate RCRA response activities
conducted at the site to date and scheduled in the future are
enforceable and have been and will remain protective of human health
and the environment, and that this deferral to RCRA corrective
authorities is appropriate.
DATES: Comments concerning the proposed deletion of the site may be
submitted to EPA on or before October 25, 1999.
ADDRESSES: Comments should be mailed to: Mr. Dennis Jaramillo, US
Environmental Protection Agency, Region VIII, Mail Code: ENF-T, 999
18th Street, Suite 500, Denver, CO 80202-2466.
Comprehensive information on this site is available at the EPA
Region VIII Superfund Records Center and is available for viewing from
8:00 am to 4:30 PM, Monday through Friday excluding holidays. Requests
for documents should be directed to the EPA, Region VIII Superfund
Records Center. Documents pertaining to this proposed deletion can be
found in the deletion docket for the site, located at the Superfund
record repository.
The address for the Region VIII Superfund Records Center is:
Superfund Records Center, U.S. Environmental Protection Agency, 999
18th Street, 5th
[[Page 51497]]
Floor, Denver, CO 80202, Telephone: (303) 312-6473.
Background information from the Regional public docket and Deletion
Docket is also available for viewing at the following RCRA
repositories:
The University of Wyoming, Science Library PO Box 3262, Bio-Sciences
building, Laramie WY 82071, For Library Hours call (307) 766-6539,
Attn: Lori Phillips
or
Wyoming Department of Environmental Quality, 122 W. 25th Street,
Cheyenne, WY 82002, Attn: Marisa Latady, To make an appointment call
(307) 777-7752
FOR FURTHER INFORMATION CONTACT: Dennis Jaramillo at (303) 312-6203.
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 Environmental Protection Agency (EPA), Region VIII announces
its intent to delete the Baxter/Union Pacific Railroad Tie Treating
Site (the Site) from the National Priorities List (NPL), 40 CFR part
300, appendix B, and requests comments on this deletion.
The NPL is a list of sites that EPA evaluates for priority clean up
of hazardous wastes under the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (CERCLA). Deletion of this Site
from the NPL results from deferral of the Site from CERCLA to the
Wyoming Department of Environmental Quality, Resources Conservation and
Recovery Act (RCRA) Program. RCRA holds responsibility for ensuring
that the site is properly remediated. Nevertheless, pursuant to the NCP
at 40 CFR 300.425(e)(3), any site deleted from the NPL remains eligible
for future relisting and Fund-financed response actions if conditions
at the site ever warrant such action.
EPA will accept comments on this proposed action for the thirty
days following publication of this document in the Federal Register.
Section II of this document explains the criteria for deleting
sites from the NPL; section III, the procedures EPA uses for this
action; section IV, how the Site meets the deletion criteria; and
section V, EPA's conclusion.
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 a determination to delete a site EPA considers, in consultation
with the State, whether any of the following criteria have been met:
--Responsible parties or other persons have implemented all appropriate
response actions required; or
--All appropriate Fund-financed responses under CERCLA have been
implemented and no further action by responsible parties is
appropriate; or
--The remedial investigation shows that the release poses no
significant threat to public health or the environment and, therefore,
taking remedial measures is not appropriate.
Consistent with Sec. 300.425(e) of the NCP, EPA proposes deletion
of this Site because no further response action is appropriate under
CERCLA, as laid out in EPA's policy entitled ``The National Priorities
List for Uncontrolled Hazardous Waste Sites; Deletion Policy for
Resource Conservation and Recovery Act Facilities.'' Published in the
Federal Register on March 20, 1995 (60 FR 14641), this policy sets
forth the following criteria, all of which should be met, and their
general application for deleting RCRA facilities from the NPL:
--If evaluated under EPA's current RCRA/NPL deferral policy the site
would be eligible for deferral from listing on the NPL;
--The CERCLA site is currently being addressed by RCRA corrective
action authorities under an existing enforceable order or permit
containing corrective action provisions;
--Response under RCRA is progressing adequately; and
--Deletion would not disrupt an ongoing CERCLA response action.
Under this policy EPA has determined that the site is eligible for
deletion from the NPL.
III. Deletion Procedures
The following procedures were followed for the proposed deletion of
this Site:
1. EPA determined no further response under CERCLA is necessary due
to the RCRA response;
2. The State concurred with EPA's deletion proposal;
3. EPA published a notice in a local newspaper announcing the
commencement of a 30-day public comment period on EPA's intent to
delete, and distributed this notice to appropriate Federal, State and
local officials, and other interested parties; and
4. EPA made available all relevant documents in the regional and
local site information repositories.
Comments received during the comment period will be evaluated by
EPA before making a final decision whether to delete the site. EPA will
prepare a Responsiveness Summary addressing significant comments
received during the public comment period. Copies of the Responsiveness
Summary will be made available to interested parties by EPA.
Deletion, in the event it occurs, takes place when EPA publishes a
final notice in the Federal Register. Following publication in the
Federal Register of the Site's final notice of deletion, the NPL
reflects site deletion in the next NPL update. EPA then places the
final NPL deletion package in the local and regional repositories.
IV. Basis for Intended Site Deletion
The following provides a summary of the site and EPA's rationale
for proposing deletion of the Site from the NPL.
A. Site Background
The Site borders the Laramie River just south of the city of
Laramie, Wyoming. Union Pacific Railroad (UPRR) treated wood railroad
ties and performed other wood-preserving operations at the site
intermittently from 1886 to 1983. Creosote was the principal wood-
preserving agent used and is the primary source of the site
contamination; pentachlorophenol (PCP) was also used for a limited
time, but in smaller amounts. Creosote and PCP were combined with
carrier oils. Treated ties and wood products were allowed to drip onto
the ground. Originally, wastewater generated in the wood treating
process was discharged to low-lying areas via a shallow ditch system.
In the later years of operation, wastewater was discharged to a series
of unlined surface impoundments. These waste management practices
resulted in soil and groundwater contamination at the site and
contaminant seepage into the Laramie River. The mixtures of creosote
and PCP and the carrier oils formed a dense nonaqueous liquids (DNAPL)
or a mixture that is more dense than water.
In 1980, UPRR submitted a notification and Part A application to
EPA as required under section 3005(e) and 3010 of RCRA. Through this
process four interim status surface impoundments were identified for
regulation under RCRA.
In 1981, ground water monitoring required under the RCRA interim
status discovered contamination outside the
[[Page 51498]]
four interim status surface impoundments. Also in 1981, the State of
Wyoming filed suit against UPRR under the Wyoming Environmental Quality
Act Statute 35-11-301(a)(i), (ii), and (iii). One year later the
parties settled by agreeing to an ``Investigative Research and Remedial
Action Plan'' under a Litigation Suspension Agreement which consisted
of a phased program of site investigation and remediation.
In September 1983, EPA placed on the NPL those portions of the site
not regulated by RCRA, due to contamination extending beyond the four
interim status surface impoundments.
In November 1983, EPA and UPRR entered into an Administrative Order
on Consent under CERCLA section 106 (CERCLA VIII-83-05). This order
required that UPRR conduct a Remedial Investigation and Feasibility
Study consistent with the Remedial Action Plan between the State and
UPRR.
Concurrently with the CERCLA order, EPA and UPRR also entered into
an Administrative Order on Consent under RCRA section 3008 (RCRA (3008)
VIII-83-25) requiring closure of the surface impoundments and any
necessary post-closure care of RCRA-regulated wastes.
On November 8, 1984 the Hazardous and Solid Waste Amendments of
1984 to RCRA went into effect. This new statute effectively extended
RCRA authority to address the entire site.
In 1986 EPA signed a CERCLA Record of Decision (ROD) calling for an
interim remedy. This interim remedy involved the installation of a
Contaminant Isolation System to prevent migration of contaminants off
site. The Contaminant Isolation System consists of relocation of the
Laramie River to an uncontaminated channel; construction of a cutoff
wall; installation of a water management system to maintain an inward
gradient, construction of a water treatment plant to remove dissolved
contaminates and implementation of a monitoring program, to ensure the
effectiveness of the Contaminant Isolation System. The ROD also
provided for additional study and remedial action under the RCRA
program, in the form of subsequent RCRA permit for corrective actions.
In 1988, through a new RCRA section 3008(h) Administrative Order on
Consent, (RCRA section 3008 (88-12)) UPRR and EPA agreed on
requirements for ongoing site management. The order established RCRA as
the framework for implementation and oversight of ongoing site
activities. The order also required UPRR design and implement a
laboratory and field pilot testing program, known as In Situ Treatment
Process Development Program to determine the effectiveness of the
surface and subsurface treatment technologies and to report the results
of the pilot testing in various reports.
In 1991 and again in 1993, modifications were made to the RCRA
section 3008(h) order (RCRA section 3008(88-12)) in which UPRR agreed
to complete the In Situ Treatment Development Program, conduct a
Corrective Measures Study (CMS) and implement waterflood oil recovery
operations. The modification also stated that EPA would choose, the
final site remedy based on the alternatives contained in the CMS
following public input.
In 1994, under RCRA EPA issued the Final Decision and Response to
Comments specifying the final site remedy. EPA determined that it was
technically impracticable, given existing technologies, to clean up the
groundwater underlying the Site to drinking water standards, however
through implementation of the final site remedy human health and the
environment would be protected.
This document also stated that the existing RCRA order would be
modified to require implementation of the final site remedy through the
RCRA post-closure permit process.
In June 1995, EPA approved the designation of a Corrective Action
Management Unit within the former surface impoundments area for the
placement of contaminated soil excavated from an area south of the
facility as well as consolidation of contaminated soil and debris from
other areas of the Site. The designation of a Corrective Action
Management Units did not change the design or the implementation of the
final site remedy, but did allow UPRR to maintain progress in
remediation of the site consistent with the overall site management and
remediation strategy described in the CMS.
Also in 1995 the RCRA order was amended, requiring submittal of an
application for a RCRA Permit for post-closure care and corrective
action. UPRR subsequently submitted a RCRA Post-Closure Permit
Application for Post Closure Care and Corrective Action to the State
and EPA in September 1995. Also in October 1995, the State of Wyoming
received final authorization of its RCRA hazardous waste management
program.
In 1999 the State of Wyoming issued the RCRA Permit for the Laramie
Tie Plant site under the authority of the Wyoming Environmental Quality
Act (Wyoming Statute 35-11503(d)). The permit was effective July 18,
1999. The permit incorporates previous requirements as well as
specifies the additional actions and requirements for completion of
corrective action at the site.
Corrective actions taken at the site under the preceding actions
include the following:
1. 1983--Construction of a flood control dike protecting the site
from a 100-year flood, and installation of sheet pile cutoff walls to
curtail the discharge of DNAPL into the Laramie River along
preferential subsurface seepage pathways;
2. 1984--Partial closure of the surface impoundments by removing
for reuse more than 700,000 gallons of DNAPL and, for disposal, nearly
6,000 cubic yards of sludges and contaminated soil;
3. 1985--Realignment of the Laramie River to the west of the site
for subsequent containment actions;
4. 1986--Construction of the Contaminant Isolation System
consisting of a 10,000 foot-long soil bentonite wall encircling the
site and a groundwater extraction and treatment system that provides
hydraulic containment of the site. This containment system prevents
contaminant migration from the site, particularly the seepage of DNAPL
and contaminated groundwater to the adjacent Laramie River as described
in the ROD of 1986;
5. 1988--Installation and start-up of an additional groundwater
extraction system to address a small zone of bedrock groundwater
contamination located outside the Contaminant Isolation System. This
system is called the Morrison Contaminant Withdrawal System;
6. 1988 to 1990--A technology research and demonstration program to
develop cost-effective in situ treatment technologies known as the In
Situ Treatment Process Development Program;
7. 1991 to present--Ongoing removal of DNAPL from the subsurface
using a waterflood oil recovery technologies. Use of waterflood oil
recovery methods has recovered approximately 1.8 million gallons of
DNAPL; and
8. 1999--Initiation of the approved Integrate Phytoremediation/
Greenbelt Project which uses an innovative technologies called
phytoremediation to treat residual contamination. Phytoremediation uses
plants to contain, degrade or exact contaminants form soil and
groundwater.
[[Page 51499]]
B. Documentation That the Site Meets the Four Criteria of the RCRA
Deferral Policy Set Forth in EPA's March 20, 1995 Policy
1. Under EPA's Current RCRA/NPL Deferral Policy the Site Would be
Eligible for Deferral From Listing on the NPL
The site was not appropriate for RCRA deferral under the initial
deferral policy (48 FR 40662, September 8, 1983) because the CERCLA
releases extended beyond RCRA regulated units. Since that time,
however, RCRA was amended to expand its authorities and the deferral
policy consequently modified, such that the site now fits within the
general policy for deferral of RCRA-regulated sites from listing on the
NPL.
2. The CERCLA Site is Currently Being Addressed by RCRA Subtitle C
Corrective Action Authorities Under an Existing Enforceable Order or
Permit Containing Corrective Action Provisions
Under the second criteria, a corrective action order or permit must
be in place and must address all CERCLA releases including any
extending beyond the bounds of the RCRA facility. As noted above,
several RCRA orders and a permit are in place. They address all site-
related contamination.
3. Response Under RCRA is Progressing Adequately
For purposes of deferral and delisting of RCRA sites, adequate
progress is demonstrated through compliance with corrective action
permits or orders. UPRR is in compliance with its permits and orders,
and has no history of protracted negotiations with EPA.
4. Deletion Would Not Disrupt an Ongoing CERCLA Response Action
CERCLA response was discontinued at this site. As specified in the
1986 ROD, actions beyond the interim remedy selected in the ROD were
taken under RCRA. Therefore there is no ongoing CERCLA response action.
V. Conclusion
EPA sought and received concurrence from the State on this proposal
to delete the Site from the NPL. The State indicated its concurrence in
a letter to EPA dated August 25, 1999.
Deletion of this site from the NPL and deferral to RCRA subtitle C
corrective action authorities avoids confusion and duplication of
effort. Response and corrective actions conducted at the site to date
and scheduled in the future have been and will appropriate for
protection of public health and the environment.
Consequently, EPA proposes deletion of this site from the NPL.
Dated: September 8, 1999.
William P. Yellowtail,
Regional Administrator, Region VIII.
[FR Doc. 99-24507 Filed 9-22-99; 8:45 am]
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