[Federal Register Volume 61, Number 249 (Thursday, December 26, 1996)]
[Proposed Rules]
[Pages 67975-67977]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32659]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5668-9]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Minot Landfill 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 Minot Landfill Site (Site) from the 
National Priorities List (NPL) and requests public comment on this 
proposed action. The NPL constitutes Appendix B of 40 CFR Part 300 of 
the National Oil and Hazardous Substances Pollution Contingency Plan 
(NCP), which EPA promulgated pursuant to Section 105 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) of 1980, as amended. EPA and the State of North Dakota (State) 
have determined that the Site as remediated poses no significant threat 
to public health or the environment and, therefore, further remedial 
measures pursuant to CERCLA are not appropriate.

DATES: Comments concerning this Site may be submitted on or before 
January 27, 1997.

ADDRESSES: Comments may be mailed to: Erna Acheson Waterman, Remedial 
Project Manager, U.S. Environmental Protection Agency, Region VIII, 999 
18th Street, Suite 500, Mail Stop EPR-SR, Denver, Colorado 80202-2466.
    Comprehensive information on this Site is available through the 
public docket which is available for viewing at the Minot Landfill site 
information repositories at the following locations:
    Superfund Records Center, U.S. Environmental Protection Agency, 
Region VIII, 999 18th Street, 5th Floor, Denver, Colorado 80202-2466, 
(303) 312-6473. Hours of operation are 8:00 a.m. to 4:30 p.m.
    Background information from the Regional public docket is also 
available for viewing at the Minot Landfill Site

[[Page 67976]]

information repository located at the City of Minot Offices, 1025 31st 
St., S.E. Minot, North Dakota 58701, (701) 857-4140. Contact: Alan 
Walter.

FOR FURTHER INFORMATION CONTACT: Erna Acheson Waterman, U.S. EPA, 
Region VIII, 999 18th Street, Suite 500, Mail Stop 8EPR-SR, Denver, 
Colorado 80202-2466, (303) 312-6762.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion

I. Introduction

    The Environmental Protection Agency (EPA), Region VIII announces 
its intent to delete the Minot Landfill Site (Site) located in Minot, 
North Dakota from the National Priorities List (NPL), Appendix B of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
40 CFR Part 300, and requests comments on this deletion. EPA identifies 
sites that appear to present a significant risk to public health, 
welfare, or the environment and maintains the NPL as a list of these 
sites. As described in Sec. 300.425(e)(3) of the NCP, sites deleted 
from the NPL remain eligible for remedial actions in the unlikely event 
that conditions at the site warrant such action.
    The Site is identified as the Old Minot Landfill Site in many of 
the Site documents. 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 the Minot Landfill Site and explains 
how the Site meets the deletion criteria.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be deleted 
from, or recategorized on the NPL where no further response is 
appropriate. In making a determination to delete a release from the 
NPL, EPA shall consider, in consultation with the state, whether any of 
the following criteria have been met:
    (i) Responsible parties or other parties have implemented all 
appropriate response actions required;
    (ii) All appropriate Fund-financed response under CERCLA has been 
implemented, and no further 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, taking remedial measures is not appropriate.
    For all Remedial Actions (RA) which result in hazardous substances, 
pollutants, or contaminants remaining at the site, CERCLA requires a 
review of such action be conducted no less than every five years after 
initiation of Remedial Action. Pursuant to CERCLA Sec. 121(c), 40 C.F.R 
Sec. 300.400(f)(4)(ii) and OSWER Directive 9355.7-02, Structure and 
Components of Five-year Review Guidance, July 26, 1994, EPA Region VIII 
must conduct a statutory five-year review at this Site prior to the end 
of the third quarter of 2001 (five years after Remedial Action on-site 
construction mobilization).

III. Deletion Procedures

    EPA Region VIII will accept and evaluate public comments before 
making a final decision to delete the Minot Landfill Site. The 
following procedures were used for the intended deletion of this Site:
    1. EPA Region VIII has recommended deletion of the Minot 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 Notice of Intent to Delete, a notice has 
been published in local newspapers and has been distributed to 
appropriate Federal, State and local officials, and other interested 
parties announcing the commencement of a 30-day public comment period 
on EPA's Notice of Intent to Delete;
    4. The Region has made all relevant documents available in the 
Regional Office and local Site information repositories;
    5. Prior to deletion of this Site, EPA's Regional Office will 
accept and evaluate public comments on EPA's Notice of Intent to Delete 
before making a final decision to delete. If necessary, the Agency will 
prepare a Responsiveness Summary to address any significant comments 
received. Public notices and copies of the Responsiveness Summary will 
be made available to local residents by the Regional office.
    6. Deletion of the Site from the NPL does not in itself create, 
alter, or revoke any individual's rights or obligations. The NPL is 
designed primarily for informational purposes and to assist Agency 
management. As mentioned in Section II of this Notice, 
Sec. 300.425(e)(3) of the NCP states that the deletion of a Site from 
the NPL does not preclude eligibility for future response actions 
should future Site conditions warrant such action.
    7. A deletion occurs when the Regional Administrator places a final 
notice in the Federal Register. Generally, the NPL will reflect 
deletions in the final update following the Notice.

IV. Basis for Intended Site Deletion

    The following summary provides EPA's rationale for recommending 
deletion of the Minot Landfill Superfund Site.

A. Site Background

    The Minot Landfill Superfund Site is located in Section 27, 
Township 155 North, Range 83 West, approximately one mile southwest of 
downtown Minot, in Ward County, North Dakota. The Site is situated 
approximately 2,000 feet south of the Souris River and is located to 
the east of the intersection of the Burdick Expressway and the combined 
U.S. Highways 2 and 52 Bypass. The area that received municipal and 
industrial waste covered approximately 26 acres. Land use in the 
vicinity of the Site is light industrial and residential, with areas 
south-west of the Site used for agriculture.
    The Site was placed on the National Priorities List (NPL) in 1989, 
Federal Register, Volume 54, No. 61, March 31, 1989, Page 13296.
    In 1989, a Removal Action was initiated by the City of Minot. The 
Removal Action involved installation of a fence around the perimeter of 
the landfill, construction of surface runoff/erosion control (including 
swales and storm sewer piping), and seeding of areas disturbed by 
construction and exposed slopes on the hills located along the southern 
edge of the site. In 1990, additional work to repair drainage ditches 
and swales was performed to complete the Removal Action.

B. History

    The Site was used to dispose of municipal and industrial waste 
between 1961 and 1971. The landfill was operated by the City of Minot. 
An estimated 75 tons/day of waste was placed in the landfill during its 
operation. The exact composition of the wastes disposed is not known. 
Discussions with past landfill operators indicate that refuse was 
received from the City of Minot, other neighboring towns, farms, 
industries, and military sites. In addition, the landfill likely 
contains arsenic-contaminated soils and residues, and solvents used in 
a variety of local industrial applications.

C. Characterization of Risk

    Sampling and field studies were conducted by the City of Minot's 
consultant in order to prepare the Site-

[[Page 67977]]

wide Remedial Investigation (RI) Report. The RI Report, completed in 
1992, characterized contamination for the entire Site.
    Residential, commercial recreational, and agricultural areas are 
currently located in the vicinity of the Site, and nearly a quarter 
(8,000) of Minot's population lies within a one-mile radius of the 
Site. Since the latter part of 1989, most of the Site has been enclosed 
with a chain-link fence and, consequently, public access to the Site is 
presently restricted. Future land use for the areas adjacent to the 
Site is expected to be commercial and light industrial. A Baseline Risk 
Assessment (BRA) was prepared for the Site to evaluate potential human 
health risks associated with the Site in absence of any remedial 
action. Contaminated media that were quantitatively evaluated in the 
risk assessment were groundwater (including leachate), surface water, 
soil, sediment, and landfill gases. Potentially exposed receptors 
evaluated in the BRA were: (1) adult residents and occupational workers 
who live or work at or in the vicinity of the Site; and (2) active 
children between the ages of 3 to 12 years who live or play in the 
vicinity of the Site.
    Once the contamination at the Site was characterized, an evaluation 
was made of the remedial measures that would be necessary to achieve 
specified cleanup goals. This evaluation and cleanup goals are 
contained in the Site Feasibility Study (FS), completed in 1992 by the 
City of Minot's consultant.
    Additionally, a geophysical survey investigation, a borrow source 
investigation, and aerial surveying were performed in April and May 
1993, by the City of Minot's consultant.
    Upon completion of the Remedial Investigation/Feasibility Study 
(RI/FS) for the Site, EPA issued a Record of Decision (ROD) for the 
Site on June 21, 1993. Due to timing conflicts, this ROD did not 
include the results of the geophysical survey investigation. An 
Explanation of Significant Differences (ESD) was prepared to address 
the geophysical survey and additional information related to various 
components of the remedy presented at a remedial design kickoff meeting 
on January 23, 1996, between the City of Minot, EPA, North Dakota 
Department of Health (NDDH) and the City's consultant, Wenck 
Associates, Inc. (Wenck). The approved ESD for the Old Minot Landfill 
Superfund Site was issued April 10, 1996.
    In April 1996, a Remedial Design Report describing the remedial 
actions to be implemented at the Minot Landfill Site was approved by 
the EPA and NDDH.
    The Remedial Action at the Site took place during the months of 
July, August and September 1996. The elements of the Remedial Action 
are: Grading of the landfill and installation of a vegetated cover; 
installation of rip-rap around catch basins; installation of drains to 
collect leachate within the landfill for conveyance to the City of 
Minot waste water treatment facility; installation of riser pipes to 
serve as passive gas vents with removable wind turbines to help remove 
gas from the landfill; installation of seven groundwater monitoring 
wells and four piezometers to be used in longer term groundwater 
monitoring. Institutional Controls have been put into place to restrict 
or control land use within and adjacent to the Site boundaries.
    Maintenance of fences, vegetated cover, groundwater monitoring and 
other longer term aspects of the response actions are addressed in the 
Monitoring Operations and Contingency Plan which was approved by EPA 
and the State of North Dakota on November 7, 1996. The Final Remedial 
Action Completion Report was approved by EPA and the State of North 
Dakota on November 29, 1996.

V. Community Relations

    EPA produced a fact sheet on the site in October 1989. The City of 
Minot held a public meeting on the landfill in January 1990.
    An EPA community involvement coordinator conducted interviews of 
Minot citizens during the week of September 25, 1990. EPA completed a 
Community Relations Plan for the Old Minot Landfill in November 1991. A 
mailing list of key contacts was developed.
    EPA established an information repository at the Minot Public 
Library and placed a public notice announcing the repository's creation 
and location in the Minot Daily News.
    A public notice was placed in the Minot Daily News announcing 
availability of the Remedial Investigation/Feasibility Study (RI/FS) 
Work Plan. An information update concerning human health risks at the 
Site was placed in the Minot Daily News on July 17, 1992.
    EPA issued a Proposed Plan for Site cleanup in December 1992 and 
placed a public notice announcing the availability of the Proposed 
Plan, the initiation of the public comment period and the date of a 
Public Hearing on the Proposed Plan in the Minot Daily News. EPA held a 
public comment period on the Proposed Plan from Januaary 4, 1993 to 
March 4, 1993, and EPA conducted the public hearing on January 19, 1993 
at the Minot City Hall.
    The Record of Decision (ROD) was issued on June 21, 1993. A public 
notice announcing the issuance of the Record of Decision was placed in 
the Minot Daily News. The ROD contains a Responsiveness Summary that 
addresses the public comments that were received.
    The Community Relations Plan was updated in November 1994.
    A public notice announcing changes in the cleanup and the 
availability of an Explanation of Significant Differences was placed in 
the Minot Daily News on May 15 and 19, 1996.
    Alan Walter, Public Works Director for the City of Minot appeared 
in the news media and provided information to the public both at the 
beginning and completion of the Remedial Action.

VI. Summary

    The completed remedy results in hazardous substances remaining on-
site above levels which allow for unlimited and unrestricted access; 
therefore institutional controls and operation and maintenance 
activities will be required.
    For all Remedial Actions (RA) which result in hazardous substances, 
pollutants, or contaminants remaining at the Site CERCLA requires that 
a review of such action be conducted no less than every five years 
after initiation of the Remedial Action. Pursuant to CERCLA 
Sec. 121(c), 40 C.F.R. Sec. 300.400(f)(4)(ii) and OSWER Directive 
9355.7-02, Structure and Components of Five-year Review Guidance, July 
26, 1994, EPA Region VIII must conduct a statutory five-year review at 
this Site prior to the end of the third quarter of 2001 (five years 
after Remedial Action on-site Construction Mobilization). All 
completion requirements for the Minot Landfill Site have been achieved 
as outlined in OSWER Directive 9320.2-3A.
    EPA, with the concurrence of the State of North Dakota, has 
determined that all appropriate response actions required by CERCLA at 
the Minot Landfill Site have been completed, and that no further 
cleanup by responsible parties is appropriate.

    Dated: December 12, 1996.
Jack W. McGraw,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region VIII.
[FR Doc. 96-32659 Filed 12-24-96; 8:45 am]
BILLING CODE 6560-50-P