[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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