[Federal Register Volume 63, Number 239 (Monday, December 14, 1998)]
[Proposed Rules]
[Pages 68712-68714]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32889]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6200-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Whittaker Superfund Site 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 Whittaker 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 January 13, 1999.

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. North, St. Paul, Minnesota 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, Associate Remedial 
Project Manager, Superfund Division (SR-6J), U.S. EPA, Region V, 77 W. 
Jackson Blvd., Chicago, IL 60604, (312) 886-7253 or Don de Blasio (P-
19J), Office of Public Affairs, U.S. EPA, Region V, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 886-4360.

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 (U.S. EPA) Region V 
announces its intent to delete the Whittaker 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, 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 
Sec. 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 document in the Federal Register.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that U.S. 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:

[[Page 68713]]

    (i) Responsible parties or other persons have implemented all 
appropriate response actions required; or
    (ii) All appropriate non-time Critical Removal Actions or 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 
Sec. 300.425(e) has been met, U.S. EPA may formally begin deletion 
procedures once the State has concurred. This Federal Register 
document, 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 Whittaker Site covers approximately 7.5 acres and is located in 
Hennepin County, Minnesota (5th Congressional District). The Whittaker 
Corporation acquired this Site from the American Petroleum Corporation 
in 1967. Whittaker operated the facility until 1980. The principal 
products produced at the Whittaker Site were industrial coatings and 
resins. Automotive product packaging was also a production activity 
which took place at this facility. One of the chemicals found in the 
storage tanks on-site was propylene glycol, commonly called antifreeze, 
which is thought to be one of the products packaged at this facility. 
Steel was also distributed from this facility. Chemicals were stored in 
approximately 28 aboveground tanks ranging in size from 2,000 to 
200,000 gallons and 21 underground tanks ranging in size from 2,500 to 
14,000 gallons. The tanks contained propylene glycol, styrene monomer, 
di-isobutyl ketone, methyl ethyl ketone, methyl isobutyl ketone, 
toluene, xylene, and other chemicals. A variety of wastes were 
generated as a result of the processes used at the Whittaker Site. 
These wastes included tank bottoms, paint sludge, old paints, off-
specification paints and resins, and cleaning fluids.
    On September 24, 1981, Minnesota Pollution Control Agency (MPCA) 
requested the Whittaker Corporation and Tool Tech Company to complete a 
Preliminary Remedial Investigation Phase I study. The Phase I report 
was submitted by Whittaker/Tool Tech Company to MPCA in January 1983. 
In response to a request from the MPCA, a groundwater investigation was 
initiated by the Whittaker Corporation in early 1983. Monitoring wells 
were installed as part of that groundwater investigation. Groundwater 
samples were analyzed and found to contain benzene, tetrahydrofuran, 
methyl isobutyl ketone, 1,1-dichloroethane, cis and trans 1,2-
dichloroethylene and chlorobenzene, xylene, 1,1,2-trichloroethylene, 
cadmium, and chromium. The Whittaker Corporation completed site 
specific soil treatment and removal along with tank removal operations 
at the Whittaker Site in 1985.
    Soil samples were collected/analyzed and ten monitoring wells were 
installed at the Site between 1983 and 1985. Specific response actions 
included during this period were:
     Removal of approximately 600 damaged drums and drum 
remnants with off-site disposal at a permitted Resource Conservation 
Recovery Act (RCRA) facility.
     Excavation of approximately 10,000 cubic yards of visibly 
contaminated soil.
     Physical separation of resins from soils resulting in the 
shipment of 12 truck loads of hazardous waste materials to an out-of-
state permitted RCRA facility.
     Off-site incineration of 25 drums of recovered solvents.
     Excavation and thermal processing of soils on-site in an 
aggregate dryer.
     Landfarming of dried soils on-site to volatilize organics.
     Shipment of approximately 280 cubic yards of waste 
material off-site to a permitted RCRA facility.
     Installation of a groundwater pump and treat system using 
two air strippers in series.
    A groundwater pump and treat system began operations on May 9,1985. 
The groundwater clean-up standards for the pump and treat system were 
based on the State issued Health Risk Limits (HRLs) for xylene, 
ethylbenzene, toluene and benzene.
    The MPCA under state authority issued a Request for Response Action 
(RFRA) to the Whittaker Corporation on April 23, 1985. In response to 
the work completed at the Whittaker Site, the RFRA was amended on 
November 26, 1985. The amended RFRA requires Whittaker Corporation to 
perform the following actions under state authority:
    1. Continue operation of the pump and ground water treatment system 
until specified groundwater clean-up levels are reached.
    2. Continue monitoring the groundwater at and surrounding the Site 
for specific parameters listed in the amended RFRA. Submit written 
reports of the data collected to MPCA.
    3. Initate a contingency plan in the event the system fails to 
achieve the groundwater clean-up levels.
    4. Place notations on the property deed to notify purchasers of the 
existence of the amended RFRA and any resulting limitation on the use 
of the Whittaker Site, and
    5. Follow the Site Closure plan spelled out in the RFRA.
    The following are major submittals, approvals and actions taken by 
the Whittaker Corporation and the MPCA staff pursuant to the RFRA 
issued to the Whittaker Corporation on April 23, 1985, and as amended 
on November 26, 1985.
    A Remedial Investigation Final Report (RI Final Report) was 
submitted by the Whittaker Corporation on June 14, 1985 and approved by 
the MPCA on July 5, 1985.
    An Interim Response Action (IRA) Report was also submitted on June 
14, 1985 and approved by the MPCA on July 5, 1985. The IRA report 
addressed the types and amounts of contaminated material removed from 
the Site; provided the hazardous waste manifests and shipping papers; 
described the follow-up restoration performed at the Site and adjacent 
property; provided details of areas excavated; described backfill 
techniques for backfill placed on the excavation; and provided an 
anticipated schedule for future Response Actions at the Site.
    On July 30, 1985, the Whittaker Corporation submitted the following 
three reports:
    1. An Alternatives Report.
    2. A Detailed Analysis Report, and
    3. A Response Action Implementation Report.
    The MPCA approved all three reports on September 4, 1985.
    The Alternatives Report evaluated various RA alternatives, the

[[Page 68714]]

effectiveness of each alternative, the feasibility of each alternative 
and a recommendation to implement or drop from consideration each 
alternative. The Detailed Analysis Report provided a detailed 
description of the recommended alternatives; an environmental 
assessment for each of the recommended alternatives, and, a conceptual 
design of the recommended combination of alternatives. And finally, the 
Response Action Implementation Report spelled out the selected remedy, 
the pump and treat system, and how that remedy would be installed and 
operated. The MPCA approved the Response Action Implementation Report 
with the modification of including future monitoring of 1,1-
dichloroethylene and trichloroethylene in monitoring well number 10.
    As required by the amended RFRA, the Whittaker Corporation 
installed a groundwater pump and treat system which ran from 1985 until 
July 11, 1994. The Whittaker Corporation alleged the pump and treat 
system was pulling contaminated groundwater into the system from off-
site areas. Based on this assumption, Whittaker Corporation 
unilaterally shut the system down. It has not been in operation since 
July 11, 1994. The RFRA also required annual groundwater monitoring and 
submission of an annual report documenting work completed during the 
previous year. Whittaker Corporation has not submitted an annual 
monitoring report since 1995, in violation of the RFRA. As a result, 
the MPCA requested the Whittaker Corporation to perform additional soil 
and groundwater sampling.
    The MPCA completed an investigation of two areas immediately 
adjacent to the Whittaker Site in 1997, one north and one west of the 
Whittaker Site. MPCA's goal was to evaluate whether either of these two 
adjacent areas could be causing groundwater to become contaminated and 
drawn into the Whittaker Site pump and treat system as the Whittaker 
Corporation alleged. MPCA did not find any evidence to support that 
theory.
    On July 9, 1997, MPCA staff were present during excavations of soil 
on adjacent land west of the Whittaker Site. The field investigation 
performed adjacent to the Site was performed by 3K Paper Company, the 
owner of the property, in response to the MPCA Voluntary Investigation 
and Cleanup program. MPCA staff did not observe any substantial soil 
contamination during the time the trenching was being done by the 3K 
Paper Company consultant.
    In 1997, MPCA staff reviewed reports and documentation supplied by 
Applied Coatings Technology, Inc., the company owning the property 
bordering to the north of the Whittaker Site. Based upon an evaluation 
of the data provided in these reports, MPCA determined that the soil or 
groundwater contamination from the Applied Coatings Technology, Inc. 
site was not likely to be contributing to the groundwater contamination 
at the Whittaker Site.
    In May 1998, the Whittaker Corporation hired a consultant to 
investigate the possibility of any remaining soil contamination at the 
Whittaker Site and to investigate the possibility of any ground water 
contamination at and downgradient of the Whittaker Site. The field 
investigation found that soil and groundwater contamination at and 
down-gradient of the Whittaker Site remains, but are at levels which no 
longer pose a threat to public health or the environment.
    The long-term effectiveness of the final remedy was demonstrated 
through the soil and groundwater investigation completed in May 1998. 
The data gathered during this investigation confirmed that the soils 
and groundwater on-site and downgradient of the Whittaker site do not 
pose a threat to public health and the environment for the present and 
future land-use classifications assigned to this site.
    Long-term operation and maintenance of the Whittaker Site are also 
not necessary since the soils and groundwater meet the cleanup 
standards identified in the state issued RFRA. Two five-year reviews 
have been completed by MPCA and submitted to the U.S. EPA for approval. 
The last one was done December 31, 1997. Because it has been determined 
that no hazardous substances remain at the Site above health-based 
levels, a five-year review will no longer be conducted at this Site.
    U.S EPA, with concurrence from the State of Minnesota, has 
determined that all appropriate Fund-financed responses under CERCLA at 
the Whittaker Superfund Site have been completed, and no further CERCLA 
response is appropriate in order to provide protection of human health 
and the environment. Therefore, U.S. EPA proposes to delete the Site 
from the NPL.

    Dated: December 1, 1998
Steve Rothblatt,
Acting Regional Administrator, Region V.
[FR Doc. 98-32889 Filed 12-11-98; 8:45 am]
BILLING CODE 6560-50-P