[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)]
[Proposed Rules]
[Pages 37875-37876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18041]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR PART 300

[FRL-5539-8]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete the St. Augusta Landfill/Engen Dump 
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 St. Augusta Landfill/Engen 
Dump 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 August 21, 1996.

ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial 
Project Manager, Superfund Division, U.S. EPA, Region V, 77 W. Jackson 
Blvd. (SR-6J), 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 Control Agency, 520 
Lafayette RD., St. Paul, MN 55155-4194. 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), U.S. EPA, Region V, 77 W. Jackson Blvd., 
Chicago, IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Gladys Beard (SR-6J), Associate 
Remedial Project Manager, Superfund Division, U.S. EPA, Region V, 77 W. 
Jackson Blvd., Chicago, IL 60604, (312) 886-7253 or Susan Pastor (P-
19J), Office of 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 V announces 
its intent to delete the St. Augusta/Engen Dump Site from the National 
Priorities List (NPL), which constitutes Appendix B of the National Oil 
and Hazardous

[[Page 37876]]

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 that 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 St. August Landfill/Engen Dump is located in the northeast 
quarter of Section 12, T123N, R28W, and the northwest quarter 7, T123N, 
R27W of St. Augusta Township, Stearns County, Minnesota. The site is 
bounded by the Mississippi River on the northeast, Johnson Creek on the 
southeast, Interstate Highway 94 on the west, and privately owned land 
to the south and the north.
    The Engen Dump consists of two areas approximately 11 acres and 8 
acres in size. The St. Augusta Landfill is approximately 16 acres in 
size. A borrow pit that was used to provide cover material for the St. 
Augusta Landfill is located on the northern side of the landfill.
    Landfilling operations were conducted at the dump and landfill 
between 1966 and 1982. The site was the primary waste disposal site for 
the St. Cloud area during this time. The Engen Dump began to receive 
municipal, commercial, and industrial wastes in 1966. The industrial 
wastes disposed of at the dump consisted of ground glass, solids and 
sledges, paper pulp waste, ash, and small amounts of cutting oils, 
coolants, solvents, paints, and cleaning compounds. The dump was phased 
out of operation between 1971 and 1972 and portions of the dump were 
covered with on-site soils.
    In June of 1985, the site was given a score of 34 under the 
Superfund program hazard ranking system score. The site was proposed 
for the Federal National Priorities (NPL) on September 8, 1985. The 
listing was finalized in July 22, 1987, 52 FR 140.
    A September 1992 Groundwater Operable Unit Remedial Investigation/
Feasibility Study (RI/FS) was prepared to fulfill the requirements of 
the Request for Response Action (RFRA) issued by the Minnesota 
Pollution Control Agency (MPCA) in 1993. The recommended remedial 
action under the RFRA for addressing site contamination was no further 
action. A no further response action was chosen for the Site because a 
Closure Plan was prepared and executed for the landfill as part of the 
Solid Waste Disposal Facility Permit (SW-35) issued by MPCA. No final 
Record of Decision (ROD) was issued on the Site.
    In 1994, the Legislature of the State of Minnesota enacted the 
Landfill Cleanup Law, Minn. Laws 1994, ch. 639, codified at Minn. Stat. 
Sec. Sec. 115B.39 to 115B.46 (the Act), authorizing the Commissioner of 
the Minnesota Pollution Control Agency (MPCA) to assume responsibility 
for future environmental response actions at qualified landfills that 
have received notices of compliance from the Commissioner of MPCA. 
Additionally, the Act established funds to enable the MPCA to perform 
all necessary response, operation and maintenance at such landfills. At 
sites where no responsible parties are conducting response actions 
under CERCLA, MPCA is responsible for issuing a notice of compliance, 
after it determines that all work that could be expected under a state 
order or under state closure requirements, has been completed.
    A notice of compliance was issued by MPCA for the St. August 
Landfill/Engen Dump Site on May 8, 1995. MPCA has since assumed all 
responsibility for the St. August Landfill/Engen Dump under the Act. 
Therefore, no further response actions under CERCLA are appropriate at 
this time. Consequently, U.S. EPA proposes to delete the site from the 
NPL.
    EPA, with concurrence from the State of Minnesota, has determined 
that all appropriate Fund-financed responses under CERCLA at the St. 
August Landfill/Engen Dump Superfund Site have been completed , and no 
further CERCLA response is appropriate in order to provide protection 
of human health and environment. Therefore, EPA proposes to delete the 
site from the NPL.

    Dated: June 17, 1996.
David A. Ullrich,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 96-18041 Filed 7-19-96; 8:45 am]
BILLING CODE 6560-50-P