[Federal Register Volume 67, Number 33 (Tuesday, February 19, 2002)]
[Rules and Regulations]
[Pages 7279-7283]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3653]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7144-6]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of a portion of the Joslyn 
Manufacturing and Supply Superfund Site from the National Priorities 
List.

-----------------------------------------------------------------------

SUMMARY: The United States Environmental Protection Agency (EPA), 
Region V is publishing a direct final notice of deletion of a portion 
of the Joslyn Manufacturing and Supply, Superfund Site (Site), located 
in Brooklyn Center, Minnesota, from the National Priorities List (NPL).
    The NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final deletion is being published by EPA with the 
concurrence of the State of Minnesota, through the Minnesota Pollution 
Control Agency, because EPA has determined that all appropriate 
response actions under CERCLA have been completed for a portion of the 
the Site and, therefore, further remedial action pursuant to CERCLA on 
the portion of the Site is not necessary at this time.

DATES: This direct final notice of partial deletion will be effective 
April 22, 2002 unless EPA receives adverse comments by March 21, 2002. 
If adverse comments are received, EPA will publish a timely withdrawal 
of the direct final notice of deletion in the Federal Register 
informing the public that the deletion will not take effect.

ADDRESSES: Comments may be mailed, telephoned, or e-mailed to: Gladys 
Beard, State NPL Deletion Process Manager at (312) 886-7253, 
[email protected], EPA Region V, 77 W. Jackson Boulevard, Mail Code 
SR-6J, Chicago, IL 60604, or at 1-800-621-8431.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: EPA Region V Library, 77 W. Jackson Boulevard, 
Chicago, IL 60604, (312) 353-5821, Monday through Friday 8:00 a.m. to 
4:00 p.m.; Minnesota Pollution Control Agency 520 Lafayette, Monday 
through Friday, 8:00 a.m. to 4:30 p.m.

FOR FURTHER INFORMATION CONTACT: Gladys Beard, State NPL Deletion 
Process Manager at (312) 886-7253, [email protected] or 1-800-621-
8431, EPA Region V, 77 W. Jackson Boulevard, Mail Code SR-6J, Chicago, 
IL 60604.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region V is publishing this direct final notice of deletion of 
a portion of the Joslyn Manufacturing and Supply, Superfund Site from 
the NPL.
    EPA identifies sites that appear to present a significant risk to 
public health or the environment and maintains the NPL as the list of 
those sites. As described in Sec. 300.425(e)(3) of the NCP, sites 
deleted from the NPL remain eligible for remedial actions if conditions 
at a deleted site warrant such action.
    Because EPA considers this action to be non-controversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective April 22, 2002, unless 
EPA receives adverse comments by March 21, 2002 on this document. If 
adverse comments are received within

[[Page 7280]]

the 30-day public comment period on this document, EPA will publish a 
timely withdrawal of this direct final deletion before the effective 
date of the deletion and the deletion will not take effect. EPA will, 
as appropriate, prepare a response to comments and continue with the 
deletion process on the basis of the notice of intent to delete and the 
comments already received. There will be no additional opportunity to 
comment.
    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 the Joslyn Manufacturing and 
Supply Superfund Site and demonstrates how a portion of the Site meets 
the deletion criteria. Section V discusses EPA's action to delete a 
portion of the Site from the NPL unless adverse comments are received 
during the public comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be deleted 
from 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 persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed (Hazardous Substance Superfund 
Response Trust Fund) 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, 
the taking of remedial measures is not appropriate.
    Even if a site or portions of a site are deleted from the NPL, 
where hazardous substances, pollutants, or contaminants remain at the 
deleted site above levels that allow for unlimited use and unrestricted 
exposure, CERCLA section 121(c), 42 U.S.C. 9621(c), requires that a 
subsequent review of the site be conducted at least every five years 
after the initiation of the remedial action at the deleted site to 
ensure that the action remains protective of public health and the 
environment. 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 
deleted site may be restored to the NPL without application of the 
hazard ranking system.

III. Deletion Procedures

    The following procedures apply to the partial deletion of this 
Site:
    (1) The EPA consulted with Minnesota on the partial deletion of the 
Site from the NPL prior to developing this direct final notice of 
deletion.
    (2) Minnesota concurred with the partial deletion of the Site from 
the NPL.
    (3) Concurrently with the publication of this direct final notice 
of partial deletion, a notice of intent to partially delete is 
published today in the ``Proposed Rules'' section of the Federal 
Register, as well as in a major local newspaper of general circulation 
at or near the Site, and is being distributed to appropriate federal, 
state, and local government officials and other interested parties. The 
newspaper notice announces the 30-day public comment period concerning 
the notice of intent to partially delete the Site from the NPL.
    (4) The EPA placed copies of documents supporting the partial 
deletion in the site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this document EPA will publish a timely notice of 
withdrawal of this direct final notice of partial deletion before its 
effective date and will prepare a response to comments and continue 
with a decision on the partial deletion based on the notice of intent 
to partially delete and the comments already received.
    Deletion or partial deletion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion or partial deletion of a site 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 EPA 
management. Section 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 conditions warrant such actions.

IV. Basis for Partial Site Deletion

    The following information provides EPA's rationale for deleting a 
portion of this Site from the NPL:

Site Location

    The Site is located in Brooklyn Center, Minnesota and consists of 
29-acres which were used for wood treating from the 1920s until 1980. 
On September 21, 1984, the Site was listed by the U. S. Environmental 
Protection Agency (EPA) on the National Priorities List (NPL) due to 
extensive soil and groundwater contamination. The western border of the 
triangular shaped Site is adjacent to Twin Lakes. The south and east 
sides are bounded by residential areas, and the northwest to southeast 
border consists of railroad tracks, with industrial and residential 
areas north of the tracks.

Site History

    The primary contaminants of concern at the Site are the wood-
treating compounds pentachlorophenol (PCP), and carcinogenic and 
noncarcinogenic polynuclear aromatic hydrocarbons (cPAHs and nPAHs). 
All of these compounds are constituents of creosote. Prior to the 
Remedial Actions, the above referenced compounds were detected in Site 
groundwater and soil. EPA also evaluated soluble metal salts of copper, 
chromium and arsenic, used as wood-treating chemicals in later years of 
operation, and chlorinated dibenzo-p-dioxins and dibenzofurans, which 
are often found as impurities in PCP. Records indicate that during Site 
operations, wastes and sludges from wood-treating processes were 
disposed into on-site waste ponds. Several large spills also occurred. 
Since 1980, all equipment formerly used for wood-treating operations 
has been removed from the Site.
    The former Joslyn Manufacturing Supply Company, now Joslyn 
Corporation (Joslyn) operated until its closure in 1980. Operations at 
the Site consisted of a wood-treating process, which originally used 
creosote as the wood-preserving compound in a thermal process. In 
approximately 1965, the process was converted to a pressure treating 
operation using PCP and later to water-soluble wood-preserving fluids 
such as chromated copper arsenic (CCA).
    Creosote, PCP and CCA contaminated water generated from the 
cleaning of the storage and thermal treating tanks, boiler blowdown 
water and wastewater from the wood-treating process were placed in 
waste disposal ponds located on the Site. In addition, general burial 
of sludges and at least two large wood-treating solution spills, one in 
the late 1950's/early 1960's and one in 1968, had occurred at the Site.
    In 1961, the city of Brooklyn Center sampled groundwater from a 
number of private drinking water wells located near the Site and found 
that some of the wells were contaminated by phenols. In 1980, the 
Minnesota Pollution Control Agency (MPCA) staff sampled several of the 
wells and determined that phenols and PCP contamination existed in a 
number of the wells.

[[Page 7281]]

Remedial Investigation and Feasibility Study (RI/FS)

    On September 27, 1983, the MPCA Citizens' Board issued a Request 
for Response Action (RFRA) to Joslyn pursuant to the Minnesota 
Environmental Response and Liability Act (MERLA) requesting that Joslyn 
undertake remedial actions to abate the release of hazardous substances 
at the Site. On May 30, 1985, the MPCA and Joslyn entered into a 
Response Order by Consent (Consent Order) to continue the investigation 
and cleanup of the Site.
    The Remedial Investigation (RI) for the Joslyn Site was completed 
in 1986. The Minnesota Department of Health (MDH) conducted a Health 
Assessment for the Site in 1989 and an updated Health Assessment in 
1994.
    Two aquifers have been identified at the Site. The upper 
unconsolidated aquifer is a surficial sand aquifer that extends from 
the ground surface to depths of 30 to 80 feet and is comprised of 
Operable Units 1 and 2 (the shallow and middle sand units). The lower 
aquifer consists of the St. Peter Sandstone, the Prairie du Chien, and 
a buried sand and gravel unit overlying these bedrock units.
    The upper unconsolidated aquifer is divided into a shallow and a 
middle sand unit. A middle confining unit consisting of a sequence of 
stratified sand, silt, and clay separated by the upper and lower 
aquifers lie below approximately the eastern two-thirds of the Site. A 
buried bedrock valley is located below the western one-third of the 
site.
    The Site soil cleanup began in 1988 with an Interim Response Action 
when Joslyn excavated, shipped, and disposed of 18,818 tons of 
contaminated soil, classified as K001 hazardous waste, in a permitted 
hazardous waste landfill in Oklahoma.
    There are several surface water bodies in the vicinity of the Site. 
Twin Lakes and a small wetland area are on the western border of the 
Site. Ryan Lake, Ryan Creek, Shingle Creek, and the Mississippi River 
are all within two and one-half miles (and east and downgradient) of 
the Site. Groundwater flows across the Site from Twin Lakes to the 
east-southeast toward the Mississippi River. Groundwater does not 
impact the surface water of Twin Lakes. In the early 1980's, EPA and 
Joslyn collected and analyzed surface water samples from Twin Lakes to 
investigate potential impacts of surface runoff. Results indicated the 
absence of PCP and suggested other sources of low level PAHs. The MPCA 
staff concluded that Ryan Lake and Ryan Creek have not been impacted by 
Site contamination, because they lie above the water table downgradient 
of the Site.

Record of Decision Findings

    A Record of Decision (ROD) included signed by MPCA for this Site on 
July 31, 1989. The components of the selected remedy included a 
groundwater pump out system, off-site disposal of heavily contaminated 
soils, on-site land treatment of contaminated soils and long-term 
groundwater monitoring.

Characterization of Remaining Risk

    Operable Unit 4 (OU4) consists of the visually contaminated soil 
remaining onsite following the 1988 Interim Response Action. 
Contaminated soil was excavated and was biologically treated onsite in 
a nine-acre Land Treatment Unit (LTU) in batches known as lifts. 
Biological treatment conditions (moisture, nutrient and oxygen levels) 
were managed to the extent allowed by typical land farming practices. 
The treated soil was then backfilled onto the Site.
    The systems continues to be operational and functional. All of the 
systems are operating as designed and has proven effective in 
controlling lateral migration of contaminants. Recent samples of 
monitoring and pumpout wells indicate that the groundwater from offsite 
monitoring wells do not exhibit contaminant levels that exceed the 
cleanup criteria.

Response Actions

    At the present time, Operable Unit 1 (OU1) consists of eight 
pumpout wells. Twenty-six groundwater monitoring wells monitor the 
condition of the groundwater in OU1. The groundwater pumpout system is 
designed to remove contaminated groundwater from the upper aquifer and 
thereby reduce the potential for lateral migration; control the 
migration of floating oil in the vicinity of the former wood treating 
area; and capture contaminated groundwater in the upper aquifer at the 
downgradient Site boundary. Lateral migration of contaminants of 
concern have been effectively controlled by the groundwater pumpout 
system. The system is operating as designed and has proven effective in 
controlling lateral migration of contaminants.
    Operable Unit 2 (OU2) consists of two pumpout wells to remove 
contaminated groundwater in the middle sand portion of the upper 
aquifer and to prevent downward migration of the contaminants. Two 
groundwater monitoring wells monitor the condition of groundwater in 
OU2. This system captures contaminated groundwater from the middle sand 
portion of the upper aquifer, which is situated below and within the 
middle confining unit and above the lower aquifer. The system is 
designed to control vertical migration of contaminants to the lower 
aquifer. The system is controlling vertical gradients between the 
middle sands and the lower aquifer and is likewise controlling 
contaminant migration.
    Operable Unit 3 (OU3) consists of a dense non-aqueous phase liquid 
(DNAPL) recovery well, a DNAPL recovery enhancement well, collection 
and storage facilities to remove DNAPLs and the contaminated 
groundwater in the depression area of the upper aquifer. In three years 
of operation, the DNAPL recovery system has removed approximately 3,000 
gallons of DNAPL from the formation.
    Operable Unit 4 (OU4) consists of the visually contaminated soil 
remaining onsite following the 1988 Interim Response Action. 
Contaminated soil was excavated and was biologically treated onsite in 
a nine-acre Land Treatment Unit (LTU) in batches known as lifts. 
Biological treatment conditions (moisture, nutrient and oxygen levels) 
were managed to the extent allowed by typical land farming practices. 
Engineered perimeter dikes prevented precipitation run-on. 
Precipitation run-off was collected and discharged, with water from the 
groundwater pumpout system, to the sanitary sewer. Air quality was 
monitored near the working area to determine worker protection 
requirements. Also particulate air monitoring was conducted during 
excavation and soil treatment at the property boundary. Evaluation of 
this data indicated that excavation and soil treatment operations were 
conducted in a manner that protected the human health of workers and 
residents.
    In 1997, there were soil investigations conducted near the drain 
line (in what became know as the ``Drainline Area''); the Twin Lakes 
sediments; and any wetlands or ditches used to receive or convey 
contaminants of concern from the Site (in what became known as the 
``West Area''). In this area 1,200 cubic yards of contaminated soil 
from the West and Drainline Areas were treated using a chemical 
oxidation technique. This technique was used to reduce the soil 
contaminants to the established treatment goals. Chemical oxidation was 
utilized for the soil contaminants which resulted in the reduction of 
the cost of treatment. In 1998, this soil met the treatment goals.
    On March 24, 1999, the MPCA staff completed a Human Health Limited 
Risk Assessment (LRA). The LRA concluded that much of the Site was

[[Page 7282]]

cleaned up to meet the generalized industrial land use scenario; 
however, the LRA concluded that unacceptble risks remain in accessible 
soil (the first three feet below grade) of three Site areas: The West 
Area, the LTU, and one sampling grid out of a total of 8 grids in the 
East Area.
    In April and June of 1999, Joslyn excavated contaminated soil in 
all the areas of the Site except the West Area. With the exception of 
the West Area, all appropriate CERCLA response activities have been 
completed for OU4 (soil). Although additional contaminated soil and 
unacceptable risks remain in the West Area, MPCA currently anticipates 
conducting or requiring the completion of a Remedial Investigation and 
Feasibility Study (RI/FS) for the West Area. The RI/FS is the first 
step in the remediation of the West area. No further action is 
necessary to protect human health and the environment in relation to 
soil contamination at the Site, with the exception of the West Area. 
With this in mind, EPA is proposing and MPCA has concurred in only a 
partial delisting of OU4 of the Site. The area being proposed for 
deletion relates to real estate parcels decribed as Lots 1, 2, 3, Block 
1 Joslyn Addition, according to the plat thereof, and situated in 
Hennepin County, Minnesota. A complete legal description of the Site is 
available from the information repositories.

Cleanup Standards

    The MPCA staff has verified that the Remedial Actions for Operable 
Units 1, 2, and 3 are operating as designed and that all visually 
contaminated soils had been removed in all areas except for the West 
Area.

Operation and Maintenance

    Joslyn has assumed all responsibility for the investigation cleanup 
and long term monitoring including operation and maintenance of the 
response actions.

Five-Year Review

    EPA concurred on a five-year review prepared by MPCA for this Site 
on July 22, 1999. As a matter of policy, the EPA decided to conduct 
this five-year review pursuant to CERCLA 121(c) and as provided in the 
current guidance of Five Year Reviews: OSWER Directive 9355.7-03B-P, 
Comprehensive Five-Year Review Guidance, October 1999: OSWER Directive 
9322.7-01, Structure and Components of Five-Year Reviews, May 23, 1991; 
OSWER Directive 9322.7-02A, Supplemental Five-Year Review Guidance, 
July 26, 1994, The Second Supplemental Five-Year Review Guidance, 
December 21, 1995 and third Supplemental Five-Year Review Guidance, 
June 2001. The next five-year review for the Joslyn Manufacturing and 
Supply Site is scheduled to occur in July 2004. The five-year review 
will consist of a review of all relevant Site data and newly 
promulgated environmental laws.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42 
U.S.C. 9617. Documents in the deletion docket which EPA relied on for 
recommendation of the partial deletion of this Site from the NPL are 
available to the public in the information repositories.

V. Deletion Action

    The EPA, with concurrence of the State of Minnesota, has determined 
that all appropriate responses under CERCLA regarding soil 
contamination (OU4) at the Site (except the West Area) have been 
completed, and that no further CERCLA response is appropriate to 
provide protection of human health and the environment. Therefore, EPA 
is deleting OU4 (except the West Area) of the Site from the NPL.
    Because EPA considers this action to be non-controversial and 
routine, EPA is taking it without prior publication. This action will 
be effective April 22, 2002 unless EPA receives adverse comments by 
March 21, 2002. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of deletion before the effective date of the 
deletion and it will not take effect. EPA will prepare a response to 
comments and as appropriate continue with the deletion process on the 
basis of the notice of intent to delete and the comments already 
received. There will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: January 31, 2002.
David A. Ullrich,
Acting Regional Administrator, Region V.

    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--[AMENDED]

    1. The authority citation for part 300 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923, 3 CFR, 1987 Comp., p. 193.

Appendix B--[Amended]

    2. Table 1 of appendix B to part 300 is amended under Minnesota 
``MN'' by revising the entry for ``Joslyn Manufacturing & Supply Co.'' 
and the city ``Brooklyn Center.''

                                       Table 1.--General Superfund Section
----------------------------------------------------------------------------------------------------------------
                State                           Site name                 City/county             (Notes) a
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
MN..................................  Joslyn Manufacturing &        Brooklyn Center........  P
                                       Supply Co.
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------
 (a) * * *
P=Sites with partial deletion(s).


[[Page 7283]]

* * * * *
[FR Doc. 02-3653 Filed 2-15-02; 8:45 am]
BILLING CODE 6560-50-P