[Federal Register Volume 60, Number 56 (Thursday, March 23, 1995)]
[Proposed Rules]
[Pages 15273-15275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7195]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5177-5]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Koch Refining Company 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 Koch Refining Company 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 April 24, 1995.

ADDRESSES: Comments may be mailed to Gladys Beard (HSRM-J) Associate 
Remedial Project Manager, Office of Superfund, U.S. EPA, Region V, 77 
W. Jackson Blvd., 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 Agency Public 
Library, 520 Lafayette RD. St. Paul, MN 55155-194. 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 [[Page 15274]] Pfundheller (H-J), U.S. EPA, 
Region V, 77 W. Jackson Blvd., Chicago, IL 60604, (312) 353-821.

FOR FURTHER INFORMATION CONTACT: Gladys Beard (HSRM-J) Associate 
Remedial Project Manager, Office of Superfund, U.S. EPA, Region V, 77 
W. Jackson Blvd., Chicago, IL 60604, (312) 886-253 or Cheryl Allen (P-
9J), Office of Public Affairs, U.S. EPA, Region V, 77 W. Jackson Blvd., 
Chicago, IL 60604, (312) 353-6196.

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 Koch refining Company 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 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 Koch Refining Company is located at the Junction of Highway 52 
and 54 in Rosemount, Dakota County, Minnesota. In 1984, the staff from 
the Minnesota Pollution Control Agency (MPCA) and Minnesota Department 
of Health (MDH) sampled and analyzed two residential wells downgradient 
of the Koch Refining Company (Koch) Site. The analysis of the samples 
indicated the residential wells were contaminated with VOCs. The Koch 
Refining Company had been supplying bottled water to these two 
residents as well as a third since the early 1970's in response to 
analytical results showing high specific conductance, phenols and 
elevated concentrations of several major ions. Potential sources of 
contamination at the Site included leaks, spills and discharges from 
active and inactive watewater lagoons, process areas, internal 
pipelines and waste treatment areas.
    On October 15, 1984, the Site was placed on the Permanent List 
Priorities (PLP) and the National Priorities List (NPL), Federal 
Register 49 page 40320.
    In January 1985, a Request for Response Action (RFRA) was issued to 
Koch requesting Koch to conduct a Remedial Investigation/Feasibility 
Study (RI/FS) for the Site. The Site investigations, reported in the 
1986 and 1988 RI, identified the source of contamination in the 
residential wells to be from a petroleum release originating from the 
on-site barge dock pipeline. The RI reports also identified several 
areas of concern including solid waste management units that the MPCA 
is currently addressing under the authority contained in the Resource 
Conservation Recovery Act (RCRA). In addition, the petroleum releases 
are being addressed by the Underground Storage Tank (UST) regulations 
of RCRA. However, because the barge dock pipeline release was being 
addressed under Superfund authority, it was not included in the areas 
addressed by the UST regulation of RCRA. Therefore, the MPCA pursued 
the completion of the RI/FS and developed and implemented a Record of 
Decision (ROD) for the barge dock pipeline release.
    The ROD identified three operable units to be addressed as a part 
of the remediation of the barge dock release: the Product Recovery 
System for removal and treatment of free floating hydrocarbon and 
contaminated ground water; the Ground Water Gradient Control System for 
containment and treatment of contaminated ground water; and the Soil 
Gas Extraction System for treatment of contaminated soil. Koch has 
implemented the product system and is working on a pilot study for the 
Soil Gas Extraction System. The pilot study is part of the Tank 12 
release soil gas extraction system currently being addressed under the 
authority contained in the UST regulations of RCRA. The Tank 12 release 
is a petroleum spill from a storage tank number twelve.
    The Underground Storage Tank Program, established in Subtitle I of 
the Resource Conservation Act (RCRA), as amended by the Hazardous and 
Solid Waste Amendments for 1984 (HSWA) is the regulatory authority with 
jurisdiction over cleanup of petroleum releases. Therefore, it is 
recommended that clean-up activities for the barge [[Page 15275]] dock 
pipeline be implemented under the authorities contained in the UST 
provisions of RCRA. The MPCA is in agreement with this approach.
    The transfer of Site clean-up activities from CERCLA to RCRA 
authority is completed once the NPL and PLP delisting has taken place.
    EPA, with concurrence from the State of Minnesota, has determined 
that all appropriate Fund-financed responses under CERCLA at the Koch 
Company Superfund Site have been completed, and 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 9, 1995.
David A. Ullrich,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 95-7195 Filed 3-22-95; 8:45 am]
BILLING CODE 6560-50-P