[Federal Register Volume 61, Number 59 (Tuesday, March 26, 1996)]
[Proposed Rules]
[Pages 13131-13133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-7163]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5445-8]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Waste Disposal Engineering Inc. 
site from the national priorities list; request for comments.

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SUMMARY: The United States Environmental Protection Agency (U.S. EPA) 
Region 5 announces its intent to delete the Waste Disposal Engineering 
Inc. (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 Responsible Parties and 
the State of Minnesota have implemented all appropriate response 
actions required. U.S. EPA, in consultation with the State of 
Minnesota, have also determined that no further response is 
appropriate. Although full compliance with off-site surface water and 
ground water standards has not been demonstrated as yet due to past 
interruptions in ground water remediation, the State of Minnesota has 
assumed the legal obligation to carry out the response action duties, 
including but not limited to operation and maintenance of the remedy 
and attaining the response action objectives and cleanup standards. A 
determination of compliance with the off-site surface water and ground 
water standards will be demonstrated by the State after a longer period 
of operation and maintenance of the remedy. Moreover, U.S. EPA and the 
State have determined that remedial activities conducted at the Site to 
date are and will continue to be 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 25, 1996.

ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial 
Project Manager, Office of Superfund, U.S. EPA, Region 5, 77 W. Jackson 
Blvd. (SR-6J), Chicago, IL 60604. Comprehensive information on the site 
is available at U.S. EPA's Region 5 office and at the local information 
repository located at: Anoka County Community Health and Environmental 
Service, Anoka County Government Center, Rm. 360, 2100 3th Ave., Anoka, 
MN 55303 and Andover City Hall, 1685 Crosstown Blvd. Andover, MN 55304. 
Requests for comprehensive copies of documents should be directed 
formally to the Region 5 Docket Office. The address and phone number 
for the Regional Docket Officer is Jan Pfundheller (H-7J), U.S. EPA, 
Region 5, 77 W. Jackson Blvd., Chicago, IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Lawrence Schmitt, Remedial Project 
Manager at (312) 353-6565, Gladys Beard (SR-6J), Associate Remedial 
Project Manager, Office of Superfund, U.S. EPA, Region 5, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 886-7253 or Susan Pastor (P-19J), 
Office of

[[Page 13132]]
Public Affairs, U.S. EPA, Region V, 77 W. Jackson Blvd., Chicago, IL 
60604, (312) 353-1325.

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 5 announces 
its intent to delete the Waste Disposal Engineering Inc. 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 5 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 Waste Disposal Engineering, Inc., Site occupies approximately 
114 acres in the City of Andover, Minnesota. Andover has a population 
of approximately 9000 and is located 20 miles north of Minneapolis/St. 
Paul. Land uses in the vicinity of the site include agricultural, 
commercial, and residential, with several subdivisions and a stream 
bordering directly on the site. Some area residents rely on local 
ground water as a drinking water supply.
    The site operated as an open dump from 1963 to 1971, and as a 
landfill from 1971 until 1983. Approximately 2.5 million cubic yards of 
solid municipal and industrial wastes and 3 million gallons of liquid 
industrial wastes were deposited at the site during this time. The site 
was proposed for the NPL July 16, 1982. The listing was finalized on 
September 8, 1983, Federal Register number 175, volume number 48 and 
Page number 40658-40682.
    A Remedial Investigation/Feasibility Study was conducted at the 
site from 1984 through 1987. Contaminants of concern identified at the 
site include a number of volatile organic compounds in ground water, 
including 1,1,1-trichloroethane, trichloroethene, and vinyl chloride, 
at concentrations well above Maximum Contaminant Levels. The site posed 
potential threats to human health and the environment through direct 
contact with wastes, soils, and leachate seeps; ingestion of ground or 
surface water impacted by the site; and possible off-site migration of 
landfill gas containing hazardous constituents.
    On December 31, 1987, the Regional Administrator signed a Record of 
Decision (ROD) selecting the following remedy:
    1. A multilayer soil cap;
    2. A ground water containment (extraction and treatment) system;
    3. A slurry wall/non-aqueous phase layer control system for a 
portion of the site;
    4. Wetlands replacement;
    5. A monitoring program for ground water, surface water, and 
landfill gas;
    6. An operation and maintenance program; and
    7. Institutional controls.
    After attempts at negotiating a consent decree with the PRPs 
failed, U.S. EPA issued a CERCLA Section 106 Unilateral Administrative 
Order for Remedial Design/Remedial Action (RD/RA) to 28 PRPs on August 
23, 1991. The PRPs agreed to implement the Order and completed the RD 
for Operable Unit (OU) 1, the ground water containment system, in 
October 1992. OU1 Construction was initiated in October 1992 and 
completed in September 1993. The RD for OU2, the multilayer cap, was 
completed in December 1992, with construction completed in August 1994. 
The State provided oversight of all RD/RA activities under a 
cooperative agreement with U.S. EPA. U.S. EPA and the State conducted a 
final inspection of the site on August 9, 1994.
    After the final inspection was completed, the PRPs were required to 
discontinue operation of the ground water containment system for 
several months due to difficulties in meeting permit requirements for 
the discharge of the ground water to a sanitary sewer. The ground water 
exhibited a low flash point, creating the hazard of fire or explosion 
in the sewer, and the PRPs concluded that the presence of landfill gas 
in the ground water was responsible. U.S. EPA approved the PRP's 
proposal to construct an air stripping system for the extracted ground 
water in March 1995 and the system was completed in June 1995.

[[Page 13133]]

    The ground water containment system has operated without 
interruption since June 1995, and no further construction is 
anticipated. U.S. EPA approved the Remedial Action Report submitted by 
the PRPs and issued the Certification of Completion of Remedial 
Construction required under the Order to the PRPs on August 10, 1995. 
U.S. EPA has also approved the Operation and Maintenance Plan and, as a 
result, only routine operating, maintenance, and monitoring are 
presently required.
    Activities at the site were consistent with the ROD, and work plans 
were issued to contractors for design and construction of the RA, 
including sampling and analysis. The RD Report, including a Quality 
Assurance Project Plan, incorporated all U.S. EPA and State quality 
assurance and quality control (QA/QC) procedures and protocol. U.S. EPA 
analytical methods were used for all validation and monitoring samples 
during remedial action activities.
    The QA/QC program utilized throughout this remedial action was 
rigorous and in conformance with U.S. EPA and State standards; 
therefore U.S. EPA and the State determined that all analytical results 
are accurate to the degree needed to assure satisfactory execution of 
the remedial action, and consistent with the ROD and RD plans and 
specifications.
    Since 1983 the MPCA and the U.S. EPA have been involved in numerous 
community relations activities associated with the Waste Disposal 
Engineering Site. Numerous fact sheets and news releases were issued 
throughout the remedial investigation/feasibility study (RI/FS). Public 
meetings were held at the beginning of the project on the remedial 
investigation report and on the proposed remedy. The City of Andover 
and Anoka County officials were invited to participate in the 
discussions.
    On September 3, 1987, the MPCA issued a news release on the 
proposed remedy and the public meeting. On September 8, 1987, U.S. EPA 
sponsored an ad in the Minneapolis daily paper announcing the beginning 
of the public comment period. On September 14, 1987, a public meeting 
was held in the Andover City Hall. On September 29, 1987, the public 
comment period was closed. On March 17, 1993, an Environmental News 
Release announced the operation schedule of the cleanup at the site.
    All the components of the remedy have been fully implemented. On 
November 27, 1995, the site was issued a Notice of Compliance (NOC) 
from the State under the Minnesota Landfill Cleanup Law. The State has 
now assumed full responsibility for the remedy at this site, including 
achieving all cleanup levels for the remedy. Compliance with off-site 
surface water and ground water cleanup levels must still be 
demonstrated. U.S. EPA will proceed in deleting the site from the NPL.

    EPA, with concurrence from the State of Minnesota, has determined 
that Responsible Parties and the State of Minnesota have implemented 
all appropriate response actions required at the Waste Disposal 
Engineering Inc. Superfund Site, and that 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 11, 1996.
David A. Ullrich,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 96-7163 Filed 3-25-96; 8:45 am]
BILLING CODE 6560-50-P