[Federal Register Volume 62, Number 120 (Monday, June 23, 1997)]
[Proposed Rules]
[Pages 33789-33790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-16351]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5845-5]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Agate Lake Scrap Yard Site from 
the National Priorities List; request for comments.

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SUMMARY: The United States Environmental Protection Agency (EPA) Region 
V announces its intent to delete the Agate Lake Scrap Yard Site (the 
Site) from the National Priorities List (NPL) and requests public 
comment on this action. The NPL constitutes Appendix B to 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 of 1980 
(CERCLA) as amended. This action is being taken by EPA, because it has 
been determined that all Fund-financed responses under CERCLA have been 
implemented and EPA, in consultation with the State of Minnesota, has 
determined that no further response is appropriate. Moreover, 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 July 23, 1997.

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: Brainerd Public Library, 416 South 5th South 
Street, Brainerd, MN 56401. 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 Cheryl L. Allen (P-
19J), 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, Region V announces its 
intent to delete the Agate Lake Scrap Yard 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 
Potentially Responsible Parties or 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 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 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, 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 
section 300.425(e) has been met, EPA may formally begin deletion 
procedures once the State has concurred. This Federal Register 
document, and a concurrent document 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 EPA's intention to delete the 
Site from the NPL. All critical documents needed to evaluate EPA's 
decision are included in the information repository and the deletion 
docket.
    Upon completion of the public comment period, if necessary, the EPA 
Regional Office will prepare a Responsiveness Summary to evaluate and 
address comments that were received. The public is welcome to contact 
the EPA Region V Office to obtain a copy of this responsiveness 
summary, if one is prepared. If 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 Agate Lake Scrap Yard Site is located in Fairview Township, 
Cass County, Minnesota, on the southwest shore of Agate Lake. Agate 
Lake is an estimated one half mile west of Gull

[[Page 33790]]

Lake, which is located approximately 15 miles northwest of the city of 
Brainerd.
    The Site is approximately eight acres in size, and is located on 
land surrounded on three sides by either open water or wetlands. This 
peninsular land, which rises approximately ten feet above the 
surrounding water level, is composed of sandy glacial deposits, which 
extend to a depth of 200 feet or more. There are thin lenses of gravel 
and clay interspersed in the top 100 feet of the soil profile.
    In 1952, Mr. Paul Kramer established a scrap yard on the farmland 
owned by his mother which consisted of buying and selling scrap yard 
materials such as white goods, scrap iron and metal and used cars. 
During the 1970's the scrap included drums of solvents and various 
oils, along with a large number of transformers of which the oils were 
used in a smelter and a homemade burner. In the smelter, he recovered 
aluminum and lead by melting and pouring these molten metals into 
molds. He also recovered copper by burning the insulation off copper 
wire. The scrap yard was operated until the end of 1982. The Minnesota 
Pollution Control Agency (MPCA) staff ordered Mr. Kramer to cease 
moving, draining or burning any oils, transformers, transformer cases, 
drums, ashes or soil, until all necessary testing for polychlorinated 
biphenyls (PCBs) had been completed.
    According to Mr. Kramer, he obtained the pole-mounted transformers 
from the Crow Wing Cooperative Power and Light Company (Crow Wing Coop) 
in Brainerd, and the large transformers from the Burlington Northern 
Railroad Company (BNRR), also of Brainerd.
    The Site was proposed for the Federal National Priorities (NPL) on 
October 15, 1984. The listing was finalized on June 10, 1986.
    In January 1983, BNRR removed from the Site part of the 
transformers including oils and drums attributed to BNRR. Also in 1983, 
Crow Wing Coop hired a contractor to remove the remaining transformers 
from the Site, and to clean up the Agate Lake Site. Approximately six 
inches of topsoil were removed in the areas where the transformers had 
been located around the smelter and burner, and where scrap yard 
operations had taken place. The removed topsoil was placed in a gully 
on the property, identified as a microbiological cell suggesting that 
biological degradation of PCBs and oils would occur. Areas where soils 
had been removed were back filled with clean topsoil, and then seeded 
with rye.
    In September 1985, MPCA under the Multi-Site Cooperative Agreement 
with Superfund performed a Remedial Investigation (RI) Feasibility 
Study (FS) at the Site.
    On January 28, 1996, MPCA issued a Request For Response Action 
(RFRA) to BNRR, Crow Wing Coop and to Mr. Paul Kramer to complete the 
RI/FS as well as prepare and implement a Response Action Plan (RAP).
    In January 1987, the Responsible Parties (RPs), completed the RI 
and a limited site cleanup by removing large quantities of solid waste 
and scrap metal. At the request of EPA, additional remedial 
investigations were undertaken during 1991 and 1992.
    Based upon the findings of the RI/FS, the EPA and MPCA recommended 
the following: removal of 260 tons of lead-contaminated ash, slag and 
soils; removal of 200 tons of soils contaminated with polychlorinated 
biphenyls (PCBs); removal of 3 cubic yards of pipe insulation 
containing asbestos and regular groundwater monitoring of shallow and 
deep ground water at the Site, as well as a deed restriction that 
prohibits well installation in the area in which groundwater 
contamination has been found. The groundwater does not discharge to 
surface water therefore there is no impact on the surrounding lakes.
    In September 1992 and May 1993, the MPCA issued Interim Response 
Actions (IRAs) to address all the contaimination identified in the RI/
FS's with the exception of groundwater contamination and deed 
restrictions.
    In January of 1994 a Record of Decision (ROD) was issued to address 
the remaining cleanup. The remedy selected in the ROD involves the 
long-term monitoring of the shallow sand aquifer at the Site, by means 
of existing monitoring wells. The ROD also requires the installment of 
four additional wells in selected locations and institutes specific 
deed restrictions to a portion of the property whereby no drinking 
wells would be allowed to be installed in the area of contaiminated 
groundwater. The long-term monitoring also serves to document the 
process of natural attenuation which addresses the remaining low levels 
of perchloroethene (PCE) present in groundwater at the Site.
    On March 5, 1997, Environmental Protection Agency Contractors, 
Conestoga-Rovers and Associates (CRA), submitted their Annual Report in 
accordance with the FS dated February 26, 1993. The report stated that 
in October 1996, analytical results show, only two wells exhibited 
concentrations of PCE. These wells include observance well OW6 and OW7. 
Although monitoring OW4 showed PCE concentrations of 4.8 g/L 
in April 1996, no detections were present during the October 1996 
event. The PCE concentrations at OW6 were 6 g/L, which is 
below the Health Risk Limit (HRL) of 7 g/L. PCE concentrations 
at OW6 have shown a steady decrease since January 1992, and this is the 
first time PCE concentrations at OW6 have been below the HRL since a 
sample round in October 1986 showed no detections. The PCE 
concentrations at OW7 in October 1997 were 3.6 g/L. This 
further supports the conclusion that there is not a significant source 
of PCE impacting the groundwater and that the effects of natural 
attenuation has reduced the PCE concentrations.
    All activities have been completed at the Site. The final 
inspection took place on November 30, 1994, during which the several 
items needed attention. The RPs agreed to complete the items 
identified. The Final Remedial Completion Report was approved by MPCA 
on February 2, 1995, thereby initiating Site removal from the NPL. All 
the HRLs has been met at the entire site, therefore the natural 
attenuation has provided protection of human health and the 
environment.
    A five-year review pursuant to OSWER Directive 9355.7-02 
(``Structure and Components of Five-Year Reviews'') will be conducted 
at the Site. The five-year review is schedule for September 1999.
    EPA, with concurrence from the State of Minnesota, has determined 
that all appropriate Fund-financed responses under CERCLA at the Agate 
Lake Scrap Yard Site have been completed, and no further CERCLA 
response actions are appropriate in order to provide protection of 
human health and environment. Therefore, EPA proposes to delete the 
Site from the NPL.

    Dated: June 12, 1997.
Michelle D. Jordan,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 97-16351 Filed 6-20-97; 8:45 am]
BILLING CODE 6560-50-P