[Federal Register Volume 64, Number 184 (Thursday, September 23, 1999)]
[Proposed Rules]
[Pages 51496-51499]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24507]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6441-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Baxter/Union Pacific Railroad 
Tie Treating Plant 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 Baxter/Union Pacific Railroad Tie 
Treating Plant (the Site) located in Laramie, Wyoming from the National 
Priorities List (NPL), and requests public comment on this action.
    The NPL, a list of sites EPA evaluates for priority clean up of 
hazardous wastes, is found in appendix B of 40 CFR part 300 which is 
the National Oil and Hazardous Substances and Pollutant Contingency 
Plan (NCP). EPA promulgated the NCP pursuant to section 105 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (CERCLA).
    EPA and the State of Wyoming Department of Environmental Quality 
(the State) propose this deletion under the terms of EPA's policy 
entitled ``The National Priorities List for Uncontrolled Hazardous 
Waste Sites; Deletion Policy for Resource Conservation and Recovery Act 
Facilities.'' In this policy EPA announced that, consistent with the 
NCP criteria for deletion of sites from the NPL, the Agency would 
delete sites if corrective actions proceed under the Resource 
Conservation and Recovery Act (RCRA). The EPA, in consultation with the 
State, has determined that all appropriate RCRA response activities 
conducted at the site to date and scheduled in the future are 
enforceable and have been and will remain protective of human health 
and the environment, and that this deferral to RCRA corrective 
authorities is appropriate.

DATES: Comments concerning the proposed deletion of the site may be 
submitted to EPA on or before October 25, 1999.

ADDRESSES: Comments should be mailed to: Mr. Dennis Jaramillo, US 
Environmental Protection Agency, Region VIII, Mail Code: ENF-T, 999 
18th Street, Suite 500, Denver, CO 80202-2466.
    Comprehensive information on this site is available at the EPA 
Region VIII Superfund Records Center and is available for viewing from 
8:00 am to 4:30 PM, Monday through Friday excluding holidays. Requests 
for documents should be directed to the EPA, Region VIII Superfund 
Records Center. Documents pertaining to this proposed deletion can be 
found in the deletion docket for the site, located at the Superfund 
record repository.
    The address for the Region VIII Superfund Records Center is: 
Superfund Records Center, U.S. Environmental Protection Agency, 999 
18th Street, 5th

[[Page 51497]]

Floor, Denver, CO 80202, Telephone: (303) 312-6473.
    Background information from the Regional public docket and Deletion 
Docket is also available for viewing at the following RCRA 
repositories:

The University of Wyoming, Science Library PO Box 3262, Bio-Sciences 
building, Laramie WY 82071, For Library Hours call (307) 766-6539, 
Attn: Lori Phillips
        or
Wyoming Department of Environmental Quality, 122 W. 25th Street, 
Cheyenne, WY 82002, Attn: Marisa Latady, To make an appointment call 
(307) 777-7752

FOR FURTHER INFORMATION CONTACT: Dennis Jaramillo at (303) 312-6203.

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 Baxter/Union Pacific Railroad Tie Treating 
Site (the Site) from the National Priorities List (NPL), 40 CFR part 
300, appendix B, and requests comments on this deletion.
    The NPL is a list of sites that EPA evaluates for priority clean up 
of hazardous wastes under the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (CERCLA). Deletion of this Site 
from the NPL results from deferral of the Site from CERCLA to the 
Wyoming Department of Environmental Quality, Resources Conservation and 
Recovery Act (RCRA) Program. RCRA holds responsibility for ensuring 
that the site is properly remediated. Nevertheless, pursuant to the NCP 
at 40 CFR 300.425(e)(3), any site deleted from the NPL remains eligible 
for future relisting and Fund-financed response actions if conditions 
at the site ever warrant such action.
    EPA will accept comments on this proposed action for the 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, the procedures EPA uses for this 
action; section IV, how the Site meets the deletion criteria; and 
section V, EPA's conclusion.

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 a determination to delete a site EPA considers, in consultation 
with the State, whether any of the following criteria have been met:

--Responsible parties or other persons have implemented all appropriate 
response actions required; or
--All appropriate Fund-financed responses under CERCLA have been 
implemented and no further action by responsible parties is 
appropriate; or
--The remedial investigation shows that the release poses no 
significant threat to public health or the environment and, therefore, 
taking remedial measures is not appropriate.

    Consistent with Sec. 300.425(e) of the NCP, EPA proposes deletion 
of this Site because no further response action is appropriate under 
CERCLA, as laid out in EPA's policy entitled ``The National Priorities 
List for Uncontrolled Hazardous Waste Sites; Deletion Policy for 
Resource Conservation and Recovery Act Facilities.'' Published in the 
Federal Register on March 20, 1995 (60 FR 14641), this policy sets 
forth the following criteria, all of which should be met, and their 
general application for deleting RCRA facilities from the NPL:

--If evaluated under EPA's current RCRA/NPL deferral policy the site 
would be eligible for deferral from listing on the NPL;
--The CERCLA site is currently being addressed by RCRA corrective 
action authorities under an existing enforceable order or permit 
containing corrective action provisions;
--Response under RCRA is progressing adequately; and
--Deletion would not disrupt an ongoing CERCLA response action.

    Under this policy EPA has determined that the site is eligible for 
deletion from the NPL.

III. Deletion Procedures

    The following procedures were followed for the proposed deletion of 
this Site:
    1. EPA determined no further response under CERCLA is necessary due 
to the RCRA response;
    2. The State concurred with EPA's deletion proposal;
    3. EPA published a notice in a local newspaper announcing the 
commencement of a 30-day public comment period on EPA's intent to 
delete, and distributed this notice to appropriate Federal, State and 
local officials, and other interested parties; and
    4. EPA made available all relevant documents in the regional and 
local site information repositories.
    Comments received during the comment period will be evaluated by 
EPA before making a final decision whether to delete the site. EPA will 
prepare a Responsiveness Summary addressing significant comments 
received during the public comment period. Copies of the Responsiveness 
Summary will be made available to interested parties by EPA.
    Deletion, in the event it occurs, takes place when EPA publishes a 
final notice in the Federal Register. Following publication in the 
Federal Register of the Site's final notice of deletion, the NPL 
reflects site deletion in the next NPL update. EPA then places the 
final NPL deletion package in the local and regional repositories.

IV. Basis for Intended Site Deletion

    The following provides a summary of the site and EPA's rationale 
for proposing deletion of the Site from the NPL.

A. Site Background

    The Site borders the Laramie River just south of the city of 
Laramie, Wyoming. Union Pacific Railroad (UPRR) treated wood railroad 
ties and performed other wood-preserving operations at the site 
intermittently from 1886 to 1983. Creosote was the principal wood-
preserving agent used and is the primary source of the site 
contamination; pentachlorophenol (PCP) was also used for a limited 
time, but in smaller amounts. Creosote and PCP were combined with 
carrier oils. Treated ties and wood products were allowed to drip onto 
the ground. Originally, wastewater generated in the wood treating 
process was discharged to low-lying areas via a shallow ditch system. 
In the later years of operation, wastewater was discharged to a series 
of unlined surface impoundments. These waste management practices 
resulted in soil and groundwater contamination at the site and 
contaminant seepage into the Laramie River. The mixtures of creosote 
and PCP and the carrier oils formed a dense nonaqueous liquids (DNAPL) 
or a mixture that is more dense than water.
    In 1980, UPRR submitted a notification and Part A application to 
EPA as required under section 3005(e) and 3010 of RCRA. Through this 
process four interim status surface impoundments were identified for 
regulation under RCRA.
    In 1981, ground water monitoring required under the RCRA interim 
status discovered contamination outside the

[[Page 51498]]

four interim status surface impoundments. Also in 1981, the State of 
Wyoming filed suit against UPRR under the Wyoming Environmental Quality 
Act Statute 35-11-301(a)(i), (ii), and (iii). One year later the 
parties settled by agreeing to an ``Investigative Research and Remedial 
Action Plan'' under a Litigation Suspension Agreement which consisted 
of a phased program of site investigation and remediation.
    In September 1983, EPA placed on the NPL those portions of the site 
not regulated by RCRA, due to contamination extending beyond the four 
interim status surface impoundments.
    In November 1983, EPA and UPRR entered into an Administrative Order 
on Consent under CERCLA section 106 (CERCLA VIII-83-05). This order 
required that UPRR conduct a Remedial Investigation and Feasibility 
Study consistent with the Remedial Action Plan between the State and 
UPRR.
    Concurrently with the CERCLA order, EPA and UPRR also entered into 
an Administrative Order on Consent under RCRA section 3008 (RCRA (3008) 
VIII-83-25) requiring closure of the surface impoundments and any 
necessary post-closure care of RCRA-regulated wastes.
    On November 8, 1984 the Hazardous and Solid Waste Amendments of 
1984 to RCRA went into effect. This new statute effectively extended 
RCRA authority to address the entire site.
    In 1986 EPA signed a CERCLA Record of Decision (ROD) calling for an 
interim remedy. This interim remedy involved the installation of a 
Contaminant Isolation System to prevent migration of contaminants off 
site. The Contaminant Isolation System consists of relocation of the 
Laramie River to an uncontaminated channel; construction of a cutoff 
wall; installation of a water management system to maintain an inward 
gradient, construction of a water treatment plant to remove dissolved 
contaminates and implementation of a monitoring program, to ensure the 
effectiveness of the Contaminant Isolation System. The ROD also 
provided for additional study and remedial action under the RCRA 
program, in the form of subsequent RCRA permit for corrective actions.
    In 1988, through a new RCRA section 3008(h) Administrative Order on 
Consent, (RCRA section 3008 (88-12)) UPRR and EPA agreed on 
requirements for ongoing site management. The order established RCRA as 
the framework for implementation and oversight of ongoing site 
activities. The order also required UPRR design and implement a 
laboratory and field pilot testing program, known as In Situ Treatment 
Process Development Program to determine the effectiveness of the 
surface and subsurface treatment technologies and to report the results 
of the pilot testing in various reports.
    In 1991 and again in 1993, modifications were made to the RCRA 
section 3008(h) order (RCRA section 3008(88-12)) in which UPRR agreed 
to complete the In Situ Treatment Development Program, conduct a 
Corrective Measures Study (CMS) and implement waterflood oil recovery 
operations. The modification also stated that EPA would choose, the 
final site remedy based on the alternatives contained in the CMS 
following public input.
    In 1994, under RCRA EPA issued the Final Decision and Response to 
Comments specifying the final site remedy. EPA determined that it was 
technically impracticable, given existing technologies, to clean up the 
groundwater underlying the Site to drinking water standards, however 
through implementation of the final site remedy human health and the 
environment would be protected.
    This document also stated that the existing RCRA order would be 
modified to require implementation of the final site remedy through the 
RCRA post-closure permit process.
    In June 1995, EPA approved the designation of a Corrective Action 
Management Unit within the former surface impoundments area for the 
placement of contaminated soil excavated from an area south of the 
facility as well as consolidation of contaminated soil and debris from 
other areas of the Site. The designation of a Corrective Action 
Management Units did not change the design or the implementation of the 
final site remedy, but did allow UPRR to maintain progress in 
remediation of the site consistent with the overall site management and 
remediation strategy described in the CMS.
    Also in 1995 the RCRA order was amended, requiring submittal of an 
application for a RCRA Permit for post-closure care and corrective 
action. UPRR subsequently submitted a RCRA Post-Closure Permit 
Application for Post Closure Care and Corrective Action to the State 
and EPA in September 1995. Also in October 1995, the State of Wyoming 
received final authorization of its RCRA hazardous waste management 
program.
    In 1999 the State of Wyoming issued the RCRA Permit for the Laramie 
Tie Plant site under the authority of the Wyoming Environmental Quality 
Act (Wyoming Statute 35-11503(d)). The permit was effective July 18, 
1999. The permit incorporates previous requirements as well as 
specifies the additional actions and requirements for completion of 
corrective action at the site.
    Corrective actions taken at the site under the preceding actions 
include the following:
    1. 1983--Construction of a flood control dike protecting the site 
from a 100-year flood, and installation of sheet pile cutoff walls to 
curtail the discharge of DNAPL into the Laramie River along 
preferential subsurface seepage pathways;
    2. 1984--Partial closure of the surface impoundments by removing 
for reuse more than 700,000 gallons of DNAPL and, for disposal, nearly 
6,000 cubic yards of sludges and contaminated soil;
    3. 1985--Realignment of the Laramie River to the west of the site 
for subsequent containment actions;
    4. 1986--Construction of the Contaminant Isolation System 
consisting of a 10,000 foot-long soil bentonite wall encircling the 
site and a groundwater extraction and treatment system that provides 
hydraulic containment of the site. This containment system prevents 
contaminant migration from the site, particularly the seepage of DNAPL 
and contaminated groundwater to the adjacent Laramie River as described 
in the ROD of 1986;
    5. 1988--Installation and start-up of an additional groundwater 
extraction system to address a small zone of bedrock groundwater 
contamination located outside the Contaminant Isolation System. This 
system is called the Morrison Contaminant Withdrawal System;
    6. 1988 to 1990--A technology research and demonstration program to 
develop cost-effective in situ treatment technologies known as the In 
Situ Treatment Process Development Program;
    7. 1991 to present--Ongoing removal of DNAPL from the subsurface 
using a waterflood oil recovery technologies. Use of waterflood oil 
recovery methods has recovered approximately 1.8 million gallons of 
DNAPL; and
    8. 1999--Initiation of the approved Integrate Phytoremediation/
Greenbelt Project which uses an innovative technologies called 
phytoremediation to treat residual contamination. Phytoremediation uses 
plants to contain, degrade or exact contaminants form soil and 
groundwater.

[[Page 51499]]

B. Documentation That the Site Meets the Four Criteria of the RCRA 
Deferral Policy Set Forth in EPA's March 20, 1995 Policy

1. Under EPA's Current RCRA/NPL Deferral Policy the Site Would be 
Eligible for Deferral From Listing on the NPL
    The site was not appropriate for RCRA deferral under the initial 
deferral policy (48 FR 40662, September 8, 1983) because the CERCLA 
releases extended beyond RCRA regulated units. Since that time, 
however, RCRA was amended to expand its authorities and the deferral 
policy consequently modified, such that the site now fits within the 
general policy for deferral of RCRA-regulated sites from listing on the 
NPL.
2. The CERCLA Site is Currently Being Addressed by RCRA Subtitle C 
Corrective Action Authorities Under an Existing Enforceable Order or 
Permit Containing Corrective Action Provisions
    Under the second criteria, a corrective action order or permit must 
be in place and must address all CERCLA releases including any 
extending beyond the bounds of the RCRA facility. As noted above, 
several RCRA orders and a permit are in place. They address all site-
related contamination.
3. Response Under RCRA is Progressing Adequately
    For purposes of deferral and delisting of RCRA sites, adequate 
progress is demonstrated through compliance with corrective action 
permits or orders. UPRR is in compliance with its permits and orders, 
and has no history of protracted negotiations with EPA.
4. Deletion Would Not Disrupt an Ongoing CERCLA Response Action
    CERCLA response was discontinued at this site. As specified in the 
1986 ROD, actions beyond the interim remedy selected in the ROD were 
taken under RCRA. Therefore there is no ongoing CERCLA response action.

V. Conclusion

    EPA sought and received concurrence from the State on this proposal 
to delete the Site from the NPL. The State indicated its concurrence in 
a letter to EPA dated August 25, 1999.
    Deletion of this site from the NPL and deferral to RCRA subtitle C 
corrective action authorities avoids confusion and duplication of 
effort. Response and corrective actions conducted at the site to date 
and scheduled in the future have been and will appropriate for 
protection of public health and the environment.
    Consequently, EPA proposes deletion of this site from the NPL.

    Dated: September 8, 1999.
William P. Yellowtail,
Regional Administrator, Region VIII.
[FR Doc. 99-24507 Filed 9-22-99; 8:45 am]
BILLING CODE 6560-50-P