[Federal Register Volume 60, Number 190 (Monday, October 2, 1995)]
[Proposed Rules]
[Pages 51395-51398]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-24449]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5309-1]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Arsenic Trioxide 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 Arsenic Trioxide Site (Site) from 
the National Priorities List (NPL) and requests public comment on this 
action. EPA and the State of North Dakota (State) have determined that 
all appropriate response actions have been implemented at the Site and 
that no further cleanup by responsible parties is appropriate. 
Moreover, EPA and the State have determined that remedial activities 
conducted at the Site are protective of public health, welfare, and the 
environment.

DATES: Comments concerning the propose deletion of the Arsenic Trioxide 
Site may be submitted to EPA by November 1, 1995.

ADDRESSES: Comments may be mailed to: Mr. Barry Levene (8HWM-SR), U.S. 
Environmental Protection Agency, Region VIII, 999 18th Street, Suite 
500, Denver, Colorado 80202-2466.
    Comprehensive information on this Site is available through the 
EPA, Region VIII public docker, which is located at EPA's Region VIII 
Administrative Records Center and is available for viewing from 8 a.m. 
to 4:30 p.m., Monday through Friday, excluding holidays. Requests for 
documents should be directed to the EPA, Region VIII Records Center.
    The address for the Regional Records Center is: Administrative 
Records Center, U.S. Environmental Protection Agency, Region VIII, 999 
18th Street, 5th Floor, Denver, Colorado 80202-2466, (303) 293-1807.
    Background information from the Regional public docket is also 
available for viewing at the Arsenic Trioxide site information 
repositories located at the: North Dakota Department of Health, 
Missouri Office Building (Room 203), 1200 Missouri Avenue, Bismarck, 
North Dakota 58504.
    Hours: 8 a.m. to 5 p.m., Monday through Friday.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Summary of Community Relations Activities
VI. Site Summary

I. Introduction

    The Environmental Protection Agency (EPA), Region VIII announces 
its intent to delete the Arsenic Trioxide Site (Site) located in 
Southeastern, North Dakota, from the National Priorities List (NPL) and 
requests comments on this deletion. The NPL constitutes Appendix B of 
the National Oil and Hazardous Substances Pollution Contingency Plan 
(NCP), Title 40 of the Code of Federal Regulations (40 CFR), as 
amended. EPA identifies sites that appear to present a significant risk 
to public health, welfare, or the environment maintains the NPL as a 
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 in the unlikely event that future conditions at the site 
warrant such action.
    It is EPA's intent to delete the Arsenic Trioxide Site the NPL. EPA 
will accept comments on this proposed deletion for thirty days 
following 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 how the Arsenic Trioxide site meets 
the deletion criteria.
    Deletion of sites from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations with regard to an 
individual site. The NPL is designed primarily for informational 

[[Page 51396]]
purposes and to assist EPA management.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA 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 whether any of the following criteria 
have been met:
    (i) EPA, in consultation with the State, has determined that 
responsible or other parties have implemented all appropriate response 
actions required; or
    (ii) All appropriate Fund-financed responses under CERCLA have been 
implemented and EPA, in consultation with the State, has determined 
that no further cleanup by responsible parties is appropriate; or
    (iii) Based on a remedial investigation, EPA, in consultation with 
the State, has determined that the release poses no significant threat 
to public health or the environment and, therefore, taking of remedial 
measures is not appropriate.
    For all Remedial Actions (RA) which result in hazardous substances, 
pollutants, or contaminants remaining at the site above levels that 
allow for unlimited use and unrestricted exposure, it is EPA's policy 
that a review of such action be conducted no less than every five years 
after initiation of the selected RA. As stated under ``Basis for 
Intended Deletion,'' the selected remedy for the Arsenic Trioxide Site 
provides arsenic removal from groundwater in compliance with the Safe 
Drinking Water Act. Institutional Controls are required to ensure that 
the groundwater remedy remains protective. In accordance with 40 CFR 
300.430 (f)(4)(ii), a five-year review is, therefore, required for this 
Site. A five-year review is scheduled for this site on September 1, 
1998.

III. Deletion Procedures

    EPA, Region VIII will accept and evaluate public comments before 
making a final decision to delete the Arsenic Trioxide Site. The 
following procedures were used for the intended deletion of this Site:
    1. EPA, Region VIII has recommended deletion of the Arsenic 
Trioxide Site and has prepared the relevant documents.
    2. The State of North Dakota has concurred with EPA's 
recommendation for deletion.
    3. Concurrent with this National Notice of Intent to Delete, a 
local notice has been published in local newspapers and has been 
distributed to appropriate Federal, State and local officials, and 
other interested parties.
    4. The Region has made all relevant documents available in the 
Regional Office and local site information repositories.
    The comments received during the notice and comment period will be 
evaluated before making a final decision to delete. The Region will 
prepare a Responsiveness Summary, which will address the comments 
received during the public comment period.
    Subsequent to the public comment period, a deletion will occur 
after EPA publishes a Notice of Deletion in the Federal Register. The 
NPL will reflect any deletions in the next final update. Public notices 
and copies of the Responsiveness Summary will be made available to 
local residents by Region VIII.

IV. Basis for Intended Site Deletion

    The following summary provides EPA's rationale for recommending 
deletion of the Arsenic Trioxide Superfund Site.
    The Arsenic Trioxide Superfund Site is composed of 20 townships in 
the three counties of Richland, Ransom and Sargent, located in the 
southeastern corner of North Dakota and encompassing about 568 square 
miles. This area consists primarily of sparsely populated farmland and 
includes the small cities of Lidgerwood (Lidgerwood), Milnor (Milnor), 
and Wyndmere (Wyndmere). Approximately 4,500 people live in the entire 
study area with approximately 970 in Lidgerwood, 650 in Milnor, and 550 
in Wyndmere. Ground water systems include the deeper Dakota Sandstone 
Aquifer (200 to 1,000 feet below land surface), and the more shallow 
glacial drift aquifers (3 to 156 feet below land surface).
    Arsenic-laced bait was used extensively throughout North Dakota to 
combat grasshopper infestations in the 1930s and early 1940s. During 
routine water-quality monitoring of municipal supplies in 1979, the 
State detected elevated levels of arsenic in Lidgerwood. These levels 
exceeded the Maximum Contaminant Level (MCL) of 0.05 milligram/liter 
(mg/1), designated by EPA pursuant to the Safe Drinking Water Act 
(SDWA), and were determined to be a health risk by the State and EPA. 
Additional monitoring detected more widespread occurrence of arsenic 
within ground water below surrounding rural areas. In October 1981, the 
Site was proposed for listing on the National Priorities List (NPL) as 
a Superfund Site. Final listing of the Site on the NPL occurred on 
September 8, 1993.
    The State and EPA concluded in a final Remedial Investigation (RI) 
Report dated December 1985, that the elevated levels of arsenic in 
ground water resulted both from use of arsenic-based grasshopper bait 
and naturally occurring sources. It was estimated that 330,000 pounds 
of arsenic trioxide bait may have been applied to the entire study 
area. Samples taken along a confirmed area of bait spreading indicated 
no evidence of remnant arsenic within the soils. The arsenic 
contamination in the ground water appears to be limited to the seven 
major unconfined glacial drift aquifers. The Feasibility Study (FS) was 
completed in September 1986.
    During this same time, Lidgerwood was ordered to take appropriate 
measures to provide drinking water that met the MCL for arsenic. 
Lidgerwood built a new water treatment plant, overseen by the State 
under the SDWA, which was completed in 1986.
    EPA issued a Record of Decision (ROD) on September 25, 1986. The 
purpose of the remedy was to reduce human exposure to arsenic-
contaminated ground water by providing treated water to households with 
elevated arsenic levels within the Site through rural water 
distribution systems. The selected remedy was to provide arsenic 
removal to below the MCL for arsenic, pursuant to the SDWA. The remedy 
included:
    (1) Expansion of the existing Richland Rural Water Treatment Plant 
located in Mantador, North Dakota and its associated distribution 
capacity to provide drinking water to rural households;
    (2) ``No Action'' for Lidgerwood, which had constructed and was 
about to commence using a new water treatment plant built specifically 
to address arsenic contamination; and
    (3) ``No Action'' for Wyndmere, whose water treatment plant was 
producing water within the SDWA limits for arsenic.
    Institutional controls were also to be investigated further, 
including restrictions on existing well use, restrictions on well 
drilling, a well-permitting system, and economic incentives for 
participation in the new distribution system and non-use of well water.
    Several developments occurred after the ROD was signed. Lidgerwood 
requested that the construction of its water treatment plant and the 
replacement of its distribution system be considered as part of the 
overall RA for the Site under section 104 of the 

[[Page 51397]]
Comprehensive, Environmental Response, Compensation, and Liability Act 
(CERCLA) and, therefore, associated costs be considered reimbursable. 
In addition, the Lidgerwood plant did not work properly after the first 
six months of operation in the late summer of 1986. Wyndmere also 
requested that expansion of its water treatment plant's capacity to 
cover periods of high demand, during which it must bypass its plant 
with untreated water high in arsenic, be considered as part of the 
overall RA for the Site.
    In April 1987, a Cooperative Agreement (CA) was awarded to the 
State to study the Lidgerwood and Wyndmere plants, with the objective 
of determining the extent of repairs necessary to correct problems at 
the Lidgerwood plant and of verifying the Wyndmere plant's capacity 
problem. Subsequently, a supplemental RA to the 1986 ROD was approved 
on February 5, 1988, for:
    (1) Reimbursement from the Superfund to Lidgerwood for allowable 
costs associated with construction of its water treatment plant;
    (2) Modification of the Lidgerwood water treatment plant; and
    (3) Expansion of the Wyndmere Water Treatment Plant to increase 
storage capacity. Expansion consisted of a 50,000-gallon, potable water 
storage reservoir and related minor adjustments and modifications to 
the existing plant.
    EPA designated the Richland Rural Water Treatment System as 
Operable Unit I (OUI), and Lidgerwood and Wyndmere as OUII.
    Between September 1986 and February 1990, additional water-quality 
monitoring identified arsenic-contaminated ground water in proximity to 
Milnor. Milnor is located within the areal boundaries of the Site and a 
portion of the city residents obtained their daily drinking water needs 
from a shallow ground water source containing elevated concentrations 
of arsenic.
    The Bureau of Reclamation, through an Interagency Agreement (IAG) 
with EPA and the State, recommended that the Richland Rural Water 
Treatment Plan distribution be expanded to incorporate Milnor. This 
action would limit the potential exposure to arsenic-contaminated 
drinking water supplies of residents within the Milnor city limits. EPA 
approved Milnor's addition to the remedy for OUI. This is designated as 
phase 2 of OUI. An Explanation of Significant Differences (ESD) dated 
September 25, 1992, explains the decision to add Milnor as a second 
phase of RA for OUI.
    The major components of the resultant sitewide remedy included:
    (1) Expansion of the existing Richland Rural Water Treatment Plan 
located in Mantador, North Dakota and its associated distribution 
capacity to provide safe drinking water to households within the City 
of Milnor and rural areas within the Site;
    (2) Expansion and modification of the existing Lidgerwood Water 
Treatment Plant to increase treatment capability and storage capacity 
and, thereby, provide safe drinking water to households within the City 
of Lidgerwood; and
    (3) Expansion and modification of the existing Wyndmere Water 
Treatment Plant to increase treatment capability and storage capacity 
and, thereby, provide safe drinking water to households within the City 
of Wyndmere.
    In March 1987, a CA was awarded to the State to develop RD for the 
expansion of the Richland Rural Water Treatment Plant and distribution 
system. A subsequent CA to conduct RA was awarded to the State in 
August 1989. In July 1990, construction at the Richland Rural Water 
Treatment Plant commenced upon award by the State of RA contracts to 
three contractors. This construction included some 300 miles of water 
distribution pipeline, the construction of seven additional water 
storage reservoirs, the drilling and completion of three additional 
water supply wells, and the approximate doubling of the existing water 
treatment system.
    A pre-final conference and inspection was conducted by EPA and the 
State on September 25, 1991; the Operational and Functional (O & F) 
period would have been formally completed in September 1992, but was 
delayed due to incorporation of Milnor in OUI.
    The CA for RA was amended in September 1991, to incorporate Milnor 
within the Richland Rural Water Treatment Plant expansion. Activities 
to add Milnor to the Richland Rural Water Treatment System began in 
September 1991. During the summer of 1992, a 135,000 gallon potable-
water reservoir, a water distribution system with approximately 300 
service connections and associated pipelines, and connection to the 
Richland Rural Water Treatment Plant and distribution system was 
constructed. EPA and the State, in conjunction with Milnor, conducted a 
pre-final conference and inspection on August 28, 1992. A pre-final 
inspection report (Report) was prepared which summarized the completed 
RA activities for OUI, including Milnor, and presented a description 
and schedule for completion of the remaining tasks necessary to 
complete RA. The Report certified that the RA activities were performed 
according to design and specification requirements set forth in the 
approved RD as required by the ROD. A Preliminary Close Out Report 
documenting completion of construction for the entire Site, based upon 
completion of OU I as the final construction phase, was issued by EPA 
on September 30, 1992.
    The primary punchlist items to be completed included final testing 
of the Milnor distribution system and restoration of streets affected 
during construction. These tasks, including the drilling of a fourth 
water well, were completed by June 18, 1993. A walk-through inspection 
of both phases of OUI, which confirmed these findings, was conducted by 
EPA, the State, and Milnor immediately following the final inspection 
conference on June 28, 1993.
    At the State's request, EPA assumed the lead for RA undertaken for 
Lidgerwood. EPA signed an IAG with the Bureau of Reclamation for 
construction of Lidgerwood modifications in March 1989. Actual 
construction for the Lidgerwood plant began August 16, 1989, and was 
essentially completed by January 30, 1990. A one-year facility 
shakedown and evaluation of the modifications was completed on January 
31, 1991.
    In June 1988, EPA awarded a CA to the State to develop RD for the 
Wyndmere plant. Subsequently, the State awarded the initial contract 
for construction of the Wyndmere modifications to a local contractor in 
March 1989. Actual construction for the Wyndmere plant began August 3, 
1989, and construction activities were essentially completed by mid-
January of 1990. However, minor operating problems developed and 
additional modifications to the plant were necessary. Among other 
modifications, a separate post-chlorination system was installed. An 
additional testing period from May through September 1990, was 
conducted, and the one-year O & F period was completed in January 1991.
    Final inspections of both the Wyndmere and Lidgerwood plants were 
conducted on January 16, 1991, by EPA, the State, and the cities of 
Wyndmere and Lidgerwood, respectively. It was determined that 
modification of the plants was 100 percent complete and the plants were 
operating as required. Remedial Action Reports for the Wyndmere plant 
and for the Lidgerwood plant, as approved by EPA in March 1991, certify 
that the plants have achieved the ROD objective of reducing human 
exposure to arsenic-

[[Page 51398]]
contaminated ground water and that the plants are in compliance with 
the SDWA MCL for arsenic.

V. Summary of Community Relations Activities

    The State and EPA initiated community relations activities in March 
1992 by conducting a public meeting to discuss sampling results of the 
Lidgerwood municipal water supply and private wells within the study 
area. While not a large meeting, the State has maintained an on-going 
effort to meet the continued interest expressed by area residents. 
Community relations activities included public meetings; routine 
publication of progress fact sheets; development and distribution of a 
pamphlet entitled, ``Things You Should Know About the Arsenic Sampling 
of Water Supplies in the Richland, Wyndmere, Lidgerwood Area (An 
Informal Discussion);'' and a tour of the Rural Water Treatment Plant 
(OUI) upon the completion of construction activities. A short video 
titled, ``A Taste of Water'' chronicles the history of the Site and is 
being publicly distributed.

VI. Site Summary

    Based upon validation sampling and analyses of the data gathered 
from the individual water quality monitoring programs, it has been 
determined that the RAs for both Operable Units of the Arsenic Trioxide 
Site have achieved the ROD objective of reducing human exposure to 
arsenic-contaminated ground water and that the water treatment plants 
are in compliance with the MCL for arsenic, pursuant to the SDWA. These 
analyses are included as appendices to each RA Report and are 
sufficient to support deletion of the Site from the NPL. After deletion 
from the NPL, the Site will be monitored by the State which has primacy 
for the Public Water System Supervision (PWSS) program, and which will 
enforce compliance with all MCLs, including arsenic. EPA, Region VIII's 
Water Management Division provides oversight of the State's PWSS 
program. Five-year reviews, or their equivalent, are required at this 
Site because the remedy will result in hazardous substances remaining 
on-site above health-based levels. The five-year review will be 
completed for this site no later than June 30, 1998.

    Dated: September 25, 1995.
Jack McGraw,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region VIII.
[FR Doc. 95-24449 Filed 9-29-95; 8:45 am]
BILLING CODE 6560-50-M