[Federal Register Volume 63, Number 227 (Wednesday, November 25, 1998)]
[Proposed Rules]
[Pages 65161-65163]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-31540]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6193-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Williams Pipe Line Disposal Pit 
Superfund 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 Williams Pipe Line Disposal Pit 
Superfund Site (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 the EPA promulgated pursuant of 
Section 105 of the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) of 1980, as amended, commonly referred to as 
Superfund. EPA and the state of South Dakota Department of Environment 
and Nature Resources (State) have determined all appropriate CERCLA 
response actions have been implemented and the Site poses no 
significant threat to public health and the environment. Therefore, no 
further response measures pursuant to CERCLA are appropriate. This 
determination does not apply to ongoing non-CERCLA petroleum assessment 
and cleanup work conducted under State authorities.

DATES: Comments may be submitted to EPA on or before December 28, 1998.

ADDRESSES: Comments may be mailed to: Mr. Dennis R. Jaramillo, U.S. 
Environmental Protection Agency, Region VIII, Mail Code 8EPR-SR, 999 
18th Street, Suite 500, Denver, Co 80202-2466, Telephone: (303) 312-
6580.
    Comprehensive information on this site is available through the EPA 
Region VIII public docket. Located at the EPA Region VIII, Superfund 
Records Center which are available for viewing from 8 AM to 4 PM, 
Monday through Friday excluding holidays. Requests for documents should 
be directed to the

[[Page 65162]]

EPA Region VIII, Superfund Records Center.
    The address for the Region VIII Superfund Records Center is: 
Superfund Records Center, U.S. Environmental Protection Agency, Region 
VIII, 999 18th Street, 5th Floor, Denver, Co 80202, Telephone: (303) 
312-6473.
    Background information from the Regional public docket is also 
available for viewing at the following locations:

Sioux Falls Library,
201 N. Main,
Sioux Falls, South Dakota 57105.
Contact: Mr. Doug Murdock.
South Dakota Department of
Environment and Natural
Resources (DENR),
Groundwater Quality Program,
Joe Foss Bldg.,
523 E. Capital,
Pierre, South Dakota 57501.
Contact: Mr. Mark Lawrensen.

FOR FURTHER INFORMATION CONTACT: Dennis R. Jaramillo, (303) 312-6580.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The Environmental Protection Agency (EPA), Region VIII announces 
its intent to delete the Williams Pipe Line Disposal Pit Superfund Site 
from the National Priorities List (NPL) and requests comments on this 
deletion. The NPL constitutes Appendix B of the National Oil and 
Hazardous Substance Pollution Contingency Plan (NCP), Title 40 of the 
Code of Federal Regulations (40 CFR), as amended. The EPA identifies 
sites that appear to present a significant risk to the public health, 
welfare, or to the environment and 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 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.
    EPA intends to delete the Site from the NPL. EPA will accept 
comments on this proposed deletion for thirty days following 
publication of this document in the Federal Register.
    Section II of this document 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 Williams Pipe Line 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. It also does not alter the requirements under state 
orders.

II. NPL Deletion Criteria

    The NCP establishes the criteria 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 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 response action 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 remedial 
measures is not appropriate.
    A five year-review for the Site is not warranted by EPA based on 
the Declaration portion of the No Action Record Of Decision (ROD), 
which states the five year review provision of CERCLA does not apply to 
a No Action remedy. If new information becomes available which 
indicates a need for further action, EPA may initiate remedial actions. 
Whenever there is a significant release from a site deleted from the 
NPL, the Site may be restored to the NPL without the application of the 
Hazard Ranking System.

III. Deletion Procedures

    EPA, Region VIII will accept and evaluate public comments before 
making a final decision to delete the Site. The following procedures 
were used for the intended deletion of this Site:
    (1) EPA, Region VIII has recommended deletion of the Site and has 
prepared the relevant documents;
    (2) The State of South Dakota has concurred with EPA's 
recommendation for deletion;
    (3) Concurrent with this National Notice of Intent to Delete, a 
notice has been published in a local newspaper and has been distributed 
to appropriate Federal, State and local officials, and other interested 
parties; and
    (4) EPA Region VIII has made all relevant documents available in 
the Regional Office and local Site information repositories.
    Comments received during the notice and comment period will be 
evaluated before making a final decision to delete. Region VIII will 
prepare a Responsiveness Summary, which will address the comments 
received during the pubic comments period, the 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 Responsive Summary will be made available by mail to 
local residents by EPA Region VIII.

IV. Basis for Intended Site Deletion

    The following summary provided EPA's rationale for recommending 
deletion of the Superfund Site.

A. Site Background

    The Site is located on the Williams Pipe Line 12th Street Terminal 
(Terminal) property at the intersection of 12th Street and Marion Road 
in Minnehaha County, Sioux Falls, South Dakota. The disposal Pit, or 
burn pond, was located in the northeast corner of the Terminal. The 
Terminal included an unlined pit about 40 feet in diameter and 7-9 feet 
deep. The Terminal also includes 42 above ground petroleum fuel tanks, 
a fuel loading rack, garages, an administration building, and other 
support structures.
    In 1966, the Terminal was purchased by Williams Pipe Line Company 
from the Great Lakes Pipe Line Company. Historically bulk quantities of 
liquid fertilizers as well as petroleum products have been stored and 
conveyed at the Terminal including fuel oil, diesel fuel, unleaded 
gasoline, aviation gasoline, and jet fuel. Tanks and pipe racks at the 
Terminal were used to convey and store petroleum fuel to the loading 
racks where delivery vehicles were filled.
    The burn pond was constructed in 1945 and used until 1987 to 
collect storm water runoff, often contaminated with spilled materials, 
from various areas of the Terminal. Petroleum products accumulating on 
the pond surface were periodically burned off.
    The environmental investigations at the Terminal are regulated 
under both Federal and State authorities to address the petroleum 
releases throughout the entire Terminal. Petroleum releases are 
regulated by the State. In the mid-1980's investigations were performed 
under State authority and directed at examining the nature and extent 
of the contamination from petroleum releases, such as leaks or spills 
throughout the

[[Page 65163]]

Terminal. In March and November 1987, EPA conducted an investigation 
that identified Site related chemicals, including some CERCLA hazardous 
substances, in the soil and the groundwater near the burn pond. Based 
on these results, the Site was placed on the NPL on August 30, 1990 (55 
FR 35502). In November 1988 Williams Pipe Line Company signed a 
Settlement Agreement with the State of South Dakota and the City of 
Sioux Falls for investigation and cleanup of petroleum spills 
throughout the Terminal. The response actions taken pursuant to the 
Settlement Agreement consisted of the installation of recovery wells 
and an interception trench.
    Williams Pipe Line signed an Administrative Order on Consent on 
April 25, 1991 to conduct a CERCLA Remedial Investigation (RI) and 
Feasibility Study (FS). The purpose of the RI, which was conducted in 
two phases from 1991 to 1993, was to more fully investigate the nature 
and extent of the hazardous substances contamination in the burn pond 
area. Through the RI, arsenic and benzene were identified as the main 
contaminants of concern, however, benzene is a petroleum constituent 
and addressed at the Site under State authority. EPA issued a Record of 
Decision (ROD) for the Site on September 29, 1994. The selected remedy 
for the Site was No Action with a minimum of two years of quarterly 
groundwater monitoring of arsenic. The ROD determination that no action 
was warranted applies only to CERCLA and not to state authority or 
other regulations and statutes. For a detailed understanding of the 
selected remedy, refer to the ROD dated September 29, 1994.

B. Characterization of Risks

    Based on the Base Line Risk Assessment (BRA), the RI concluded that 
there was no current or likely future exposure to groundwater 
contaminated from arsenic. Since no exposure exists or is likely, there 
is no unacceptable risk. As an added measure of confidence, the ROD 
required a minimum of two years of quarterly groundwater monitoring to 
assure that no unacceptable levels of arsenic were moving from the 
Terminal.
    Williams Pipe Line completed ten quarters of groundwater sampling 
in December 1997. These groundwater sampling events show that all 
monitoring wells that were tested for arsenic are below the Maximum 
Contaminant Level (MCL) of 50 g/l, with the exception of one 
on-site monitoring well, P-11. This well has shown a decline in arsenic 
levels over the ten quarters of groundwater monitoring, with the 
current arsenic level at 150 g/l. The offsite monitoring wells 
show for the ten quarters of groundwater sampling that the arsenic 
present in P-11 is not migrating off-site, due in part to a collection 
trench installed under the 1988 Settlement Agreement addressing 
hydrocarbon spills. The off-site wells show that levels of arsenic 
concentration are at 2 g/l.
    EPA is satisfied that the monitoring conducted pursuant to the ROD 
met its objectives to assure that the arsenic was not migrating off-
site, and that there would be no unacceptable risk in the future.
    Notwithstanding the declining levels of arsenic in well P-11, its 
capture by the ongoing hydrocarbon collection system administered under 
the State Settlement Agreement, and monitoring results clearly 
demonstrating no migration of arsenic from P-11 to off-site monitoring 
wells, Williams Pipe Line and the State have amended their settlement 
agreement for the future monitoring of arsenic due to its current 
elevated level in well P-11.

V. Conclusion

    One of the three criteria for deletion specifies that EPA may 
delete a site from the NPL if 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. 
EPA, with concurrence of the State believes that this criterion for 
deletion has been met.
    Subsequently, EPA is proposing deletion of this Site from the NPL. 
Documents supporting this action are available from the docket.

    Dated: November 18, 1998.
William P. Yellowtail,
Regional Administrator, Region VIII.
[FR Doc. 98-31540 Filed 11-24-98; 8:45 am]
BILLING CODE 6560-50-P