[Federal Register Volume 59, Number 197 (Thursday, October 13, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-25194]


[[Page Unknown]]

[Federal Register: October 13, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5089-6]

 

National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List Update

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Olmsted County Landfill Site 
from the National Priorities List; request for comments.

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SUMMARY: The United States Environmental Protection Agency (USEPA) 
Region V announces its intent to delete the Olmsted County Landfill 
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 Contingency Plan 
(NCP), which USEPA 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 USEPA, 
because it has been determined that all Fund-financed responses under 
CERCLA have been implemented and USEPA, in consultation with the State 
of Minnesota, has determined that no further response is appropriate. 
Moreover, USEPA 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 November 14, 1994.

ADDRESSES: Comments may be mailed to Ramon Torres (HSRM-6J) Remedial 
Project Manager or Gladys Beard (HSRM-6J) Associate Remedial Project 
Manager, Office of Superfund, USEPA, Region V, 77 W. Jackson Blvd., 
Chicago, IL 60604. Comprehensive information on the site is available 
at USEPA's Region V office and at the local information repository 
located at: Rochester Public Library, 11 First Street, SE., Rochester 
MN 55904. 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), 
USEPA, Region V, 77 W. Jackson Blvd., Chicago, IL 60604, (312) 353-
5821.

FOR FURTHER INFORMATION CONTACT: Ramon Torres (HSRM-6J) Remedial 
Project Manager or Gladys Beard (HSRM-6J) Associate Remedial Project 
Manager, Office of Superfund, USEPA, Region V, 77 W. Jackson Blvd., 
Chicago, IL 60604, (312) 886-7253 or Derrick Kimbrough (P-19J), Office 
of Public Affairs, USEPA, Region V, 77 W. Jackson Blvd., Chicago, IL 
60604, (312) 886-9749.

SUPPLEMENTARY INFORMATION:

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion

I. Introduction

    The Environmental Protection Agency (EPA) Region V announces its 
intent to delete the Olmsted County Sanitary Landfill 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 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 
Sec. 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 USEPA will accept comments on this proposal for thirty (30) 
days after publication of this document in the Federal Register.
    Section II of this document 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 USEPA'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, USEPA 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 
Sec. 300.425(e) has been met, USEPA may formally begin deletion 
procedures once the State has concurred with the intent to delete. This 
Federal Register document, 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 USEPA's intention 
to delete the site from the NPL. All critical documents needed to 
evaluate USEPA's decision are generally included in the information 
repository and the deletion docket.
    Upon completion of the public comment period, if necessary, the 
USEPA Regional Office will prepare a Responsiveness Summary to evaluate 
and address comments that were received. The public is welcome to 
contact the USEPA Region V Office to obtain a copy of this 
responsiveness summary, if one is prepared. If USEPA 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 Olmsted County Landfill is located in the Oronoco Township just 
east of State Highway 52 about three miles north of Rochester's city 
limits. The Minnesota Pollution Control Agency issued the landfill's 
operating permit to the City of Rochester in 1970, and amended it in 
1972, 1979 and 1984. In late 1982 the city transferred ownership of the 
landfill to Olmsted County. The facility's permitted boundary 
encompasses 304 acres. The county stopped sending municipal wastes to 
the landfill in 1987, but one cell continued to be used for demolition 
debris and coal ash from Rochester Public Utilities until March 1993. 
The county has now officially ceased using the landfill. It has been 
permanently covered, and the landfill was certified closed by the 
Minnesota Pollution Control Agency in December 1993.
    Beginning in 1983, monitoring wells on the Site showed groundwater 
beneath the landfill was being contaminated with volatile organic 
compounds (VOCs) that are typically found at landfills. The landfill 
was added to the Permanent List of Priorities (the Minnesota Superfund 
list) in 1984, and in 1986 the USEPA placed it on the National 
Priorities List (Federal Superfund list), 51 FR 21054-21112. Under a 
cooperative agreement with the USEPA, the MPCA assumed management of 
Superfund activities at the Site. The MPCA issued a Request for 
Response Action in 1989 directing the city and the county to 
investigate the nature and extent of the contamination. Olmsted County 
has taken the lead in funding and conducting the investigation.
    The Remedial Investigation (RI) of the Olmsted County Landfill Site 
included an ongoing dye-trace study to determine the direction and rate 
of groundwater flow in the vicinity of the landfill. Ambient air and 
landfill gas samples were characterized, along with ground- and 
surface-water samples.
    Numerous field investigations were conducted over a 13-month 
period. The RI was completed in July 1992. The supplemental RI, which 
was completed in September 1993, was conducted in order to further 
investigate gas emissions at the site.
    Based on the findings in the Remedial Investigation and the 
Supplemental Remedial Investigation, further response under CERCLA is 
not necessary. The low potential for Site impacts will be adequately 
addressed under the Minnesota Solid Waste Rules for landfills. The 
continued monitoring, long-term care and contingency actions are 
specified in a Closure Order and Post Closure Care Plan issued to the 
County on March 22, 1994, by the MPCA. Continued monitoring to insure 
compliance with Minnesota Solid Waste Rules will adequately protect 
human health and the environment. Annual reviews of the data collected 
are a current requirement under the Rules.
    On June 21, 1994, a Record of Decision was signed that concludes no 
remedial action under CERCLA is necessary at the Site. The selected no-
action remedial alternative was chosen in accordance with CERCLA.
    EPA, with concurrence of the State of Minnesota, has determined 
that all appropriate Fund-financed responses under CERCLA at the 
Olmsted County Landfill site have been completed, and no further 
Superfund response is appropriate in order to provide protection of 
human health and the environment.

    Dated: September 29, 1994.
Valdas V. Adamkus,
Regional Administrator, USEPA, Region V.
[FR Doc. 94-25194 Filed 10-12-94; 8:45 am]
BILLING CODE 6560-50-F