[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Rules and Regulations]
[Pages 36658-36662]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-15255]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0007; FRL-9912-81-Region 5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Naval Industrial 
Reserve Ordnance Plant (NIROP) Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA Region 5 is publishing a direct final Notice of Deletion 
of Operable Unit 2 (OU2) of the Naval Industrial Reserve Ordnance Plant 
(NIROP) Superfund Site (Site), located in Fridley, 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 an appendix of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final partial deletion is being published by EPA with the 
concurrence of the State of Minnesota, through the Minnesota Pollution 
Control Agency (MPCA), because EPA has determined that all appropriate 
response actions under CERCLA at the OU, identified herein, other than 
operation, maintenance, and five-year reviews, have been completed. 
However, this partial deletion does not preclude future actions under 
Superfund.
    EPA divided the NIROP Site into three portions, known as OUs, for 
ease of addressing its contaminant issues. This partial deletion 
pertains to OU2, which includes all the unsaturated soils within the 
legal boundaries of the NIROP Superfund Site exclusive of unsaturated 
soils underlying the former Plating Shop Area (see Site Map in the SEMS 
ID 446572 document listed in the Deletion Docket for OU2). The 
following areas will remain on the NPL and are not being considered for 
deletion as part of this action: OU1 and OU3. OU1 includes the 
contaminated groundwater within and originating from the NIROP 
Superfund Site. OU3 includes all the unsaturated soils underlying the 
former Plating Shop Area.

DATES: This direct final partial deletion is effective August 29, 2014 
unless EPA receives adverse comments by July 30, 2014. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final partial deletion in the Federal Register informing the 
public that the deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1989-0007, by one of the following methods:
     http://www.regulations.gov: Follow on-line instructions 
for submitting comments.
     Email: Sheila Desai, Remedial Project Manager, at 
[email protected] or Teresa Jones, Community Involvement 
Coordinator, at [email protected].
     Fax: Gladys Beard at (312) 697-2077.
     Mail: Sheila Desai, Remedial Project Manager, 
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard, 
Chicago, IL 60604, (312) 353-4150 or Teresa Jones, Community 
Involvement Coordinator, Environmental Protection Agency (SI-7J), 77 
West Jackson Boulevard, Chicago, IL 60604, (312) 886-0725 or toll free 
at 1-(800) 621-8431.
     Hand delivery: Teresa Jones, Community Involvement 
Coordinator, Environmental Protection Agency (SI-7J), 77 West Jackson 
Boulevard, Chicago, IL 60604. Such deliveries are only accepted during 
the docket's normal hours of operation, and special arrangements should 
be made for deliveries of boxed information. The normal business hours 
are Monday through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding 
federal holidays.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1989-0007. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The

[[Page 36659]]

http://www.regulations.gov Web site is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an email 
comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically at http://www.regulations.gov or in hard copy at:
     Environmental Protection Agency Region 5, 77 West Jackson 
Boulevard, Chicago, IL 60604, Phone: (312) 353-1063, Hours: Monday 
through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding federal holidays.
     The Navy has set up an online repository for the NIROP 
Superfund Site at the link below. Please click on the Administrative 
Records link to see all the documents. http://go.usa.gov/DyNY
     The Minnesota Pollution Control Agency also has an 
information repository for the NIROP Superfund Site at their offices: 
520 Lafayette Road, St. Paul, MN 55155. Call 651-296-6300 or toll-free 
at 800-657-3864 to schedule an appointment.

FOR FURTHER INFORMATION CONTACT: Sheila Desai, Remedial Project 
Manager, Environmental Protection Agency (SR-6J), 77 West Jackson 
Boulevard, Chicago, IL 60604, (312) 353-4150, [email protected].

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 divided the NIROP Superfund Site into three portions, known as 
OUs, for ease of addressing its contaminant issues. EPA Region 5 is 
publishing this Direct Final Notice of Partial Deletion of OU2 of the 
NIROP Superfund Site from the National Priorities List (NPL) and 
requests public comments on this action. OU2 includes all the 
unsaturated soils within the legal boundaries of the NIROP Superfund 
Site exclusive of unsaturated soils underlying the former Plating Shop 
Area (see Site Map in the SEMS ID 446572 document listed in the 
Deletion Docket for OU2). The following areas will remain on the NPL 
and are not being considered for deletion as part of this action: OU1 
and OU3. OU1 includes the contaminated groundwater within and 
originating from the NIROP Superfund Site. OU3 includes all the 
unsaturated soils underlying the former Plating Shop Area. This partial 
deletion pertains to soil in OU2. The NPL constitutes Appendix B of 40 
CFR part 300, which is the NCP, and which EPA promulgated pursuant to 
section 105 of CERCLA, as amended. EPA maintains the NPL as the list of 
sites that appear to present a significant risk to public health, 
welfare, or the environment. Sites on the NPL may be the subject of 
remedial actions financed by the Hazardous Substance Superfund (Fund). 
This partial deletion of the NIROP Superfund Site is proposed in 
accordance with 40 CFR 300.425(e) and is consistent with the Notice of 
Policy Change: Partial Deletion of Sites Listed on the National 
Priorities List, (60 FR 55466) on November 1, 1995. As described in 
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible 
for Fund-financed remedial actions if future conditions warrant such 
actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective August 29, 2014 unless EPA 
receives adverse comments by July 30, 2014. Along with this Direct 
Final Notice of Partial Deletion, EPA is co-publishing a Notice of 
Intent for Partial Deletion in the ``Proposed Rules'' section of the 
Federal Register. If adverse comments are received within the 30-day 
public comment period on this partial deletion action, EPA will publish 
a timely withdrawal of this Direct Final Notice of Partial Deletion 
before the effective date of the partial 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 for Partial Deletion 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 OU2 of the NIROP Superfund Site 
and demonstrates how the deletion criteria are met for this OU. Section 
V discusses EPA's action to partially delete OU2 from the NPL unless 
adverse comments are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that 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 such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the state, whether any of the following criteria have 
been met:
    1. Responsible parties or other persons have implemented all 
appropriate response actions required;
    2. All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    3. 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.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. 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 deletion of OU2 of the NIROP 
Superfund Site:
    1. EPA consulted with the State of Minnesota prior to developing 
this Direct Final Notice of Partial Deletion and the Notice of Intent 
for Partial Deletion co-published today in the

[[Page 36660]]

``Proposed Rules'' section of the Federal Register.
    2. EPA has provided the State 30 working days for review of this 
direct final Notice of Partial Deletion and the parallel Notice of 
Intent for Partial Deletion prior to their publication today, and the 
State, through the MPCA, has concurred on 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 the availability of the parallel Notice 
of Intent for Partial Deletion is being published in the Sun Focus, 
located in Fridley, Minnesota. The newspaper notice announces the 30-
day public comment period concerning the Notice of Intent for Partial 
Deletion of the Site from the NPL.
    4. EPA placed copies of documents supporting the proposed partial 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories, 
i.e., at EPA's offices in Chicago and online.
    5. If adverse comments are received within the 30-day public 
comment period on this partial deletion action, 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. EPA may continue with the deletion process on the basis of 
the Notice of Intent for Partial Deletion and the comments already 
received.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion 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 Site Deletion

    The following information provides EPA's rationale for deleting OU2 
of the NIROP Superfund Site from the NPL. EPA believes it is 
appropriate to delete OU2 of the NIROP Superfund Site because all 
appropriate response actions under CERCLA, other than operation, 
maintenance, and five-year reviews, have been completed at OU2 and it 
is ready for redevelopment as a commercial and/or industrial property.

Site Background and History

    The NIROP Superfund Site (CERCLIS ID MN3170022914) is located in 
the northern portion of the Minneapolis/St. Paul Metropolitan Area in 
an industrial/commercial area within the limits of Fridley, Minnesota. 
The Site is not adjacent to any residential areas and is not located in 
an environmentally sensitive area nor near any known environmentally 
sensitive areas.
    The Site is approximately 82.6 acres, most of which are covered 
with buildings or pavement. The U.S. Navy and/or its contractors 
produced advanced weapons systems at the facility beginning in 1940. 
The former NIROP facility is currently owned by Fridley Land, LLC which 
plans to redevelop the property for commercial and/or industrial use.
    During the early 1970s, paint sludges and chlorinated solvents 
generated from ordnance manufacturing processes were disposed of in 
pits and trenches in the North 40 area which is the undeveloped area of 
the Site immediately north of the building. Contaminant sources in the 
North 40 area and beneath the NIROP building were not identified until 
December 1980, when MPCA received information concerning historical 
waste disposal practices at NIROP. In 1981, trichloroethylene (TCE) was 
discovered in on-site groundwater wells and in the City of Minneapolis' 
drinking water treatment plant intake pipe, located in the Mississippi 
River less than 1 mile downstream from the Site. In 1983, 
investigations identified pits and trenches in the North 40 area of the 
NIROP Site where drummed wastes had been disposed of. From November 
1983 to March 1984, approximately 1,200 cubic yards of contaminated 
soil and 43 (55-gallon) drums were excavated and disposed of off-site.
    The NIROP Superfund Site was proposed for inclusion on the NPL in 
July 1989 (54 FR 29820). The Site was placed on the NPL in November 
1989 (54 FR 48184).
    In March 1991, the Navy, EPA, and MPCA signed a Federal Facilities 
Agreement (FFA). Per the FFA, one purpose of that agreement was to 
''Identify alternatives for Remedial Action for Operable Units'' which 
are appropriate for the Site prior to the implementation of Final 
Remedial Actions for the Site.

Remedial Investigation and Feasibility Study (RI/FS)

    Based on the results of a geophysical investigation conducted in 
1995, 23 (55-gallon) drums and 12 smaller containers were found in the 
North 40 area of the NIROP property. These drums were excavated during 
a removal action conducted from April to June of 1996. In 1996, during 
a sampling event of OU2 soils, in the vicinity of a previously 
unexcavated area near the North 40 area, free liquids were encountered 
which resulted in an additional removal action. A total of 31 (55-
gallon) drums were discovered and subsequently sampled and removed for 
off-site disposal. In addition, several empty and crushed drums were 
also discovered and removed with other contaminated debris. Volatile 
organic compound contamination was reported in subsurface soils.
    A risk assessment for OU2 was conducted in 1996. In a revision of 
that risk assessment, it was determined that in one sub-area of OU2, 
risk was inordinately influenced by one single data point. Therefore, 
during the summer of 2002, the Navy conducted a time-critical removal 
action to remove approximately 35 cubic yards of soil around this OU2 
subarea with an elevated contaminant concentration. This removal was 
completed in June 2002, and addressed the last know location where 
there were unacceptable contaminant risks in near surface soils.

Record of Decision (ROD) Findings

    The Remedial Action Objectives (RAOs) were (1) to prevent 
unacceptable risks due to residential or other unrestricted exposures 
to contaminated soils at the site and (2) to prevent unacceptable risks 
to industrial or construction workers due to exposures to contaminated 
soils at the site. The ROD for OU2 was jointly signed in September 2003 
by the Navy, EPA and MPCA.
    This is the only ROD for this site applicable to this partial 
deletion.

ROD for OU2 (September 2003)

    The Selected Remedy to address unacceptable risk at OU2 of the 
NIROP Site is Land Use Controls (LUCs). The ROD called for LUCs to be 
maintained until EPA and MPCA determine that the concentrations of 
hazardous substances in the soils have been reduced to levels that 
allow for a less restrictive use of the Site.
    The LUC Performance Objectives for OU2 are:
     To restrict the use of the property to industrial or 
restricted commercial use, until EPA and MPCA determine that 
concentrations of hazardous substances in the soils have been reduced 
to levels that allow for less restrictive use.
     To prohibit the disturbance of soil deeper than 3 feet 
below ground surface

[[Page 36661]]

in those Designated Restricted Areas, which include Area 3 and Area 4 
of OU2 (see Site Map in the SEMS ID 446572 document listed in the 
Deletion Docket for OU2) or the removal of any soils excavated in those 
areas from the facility without prior written approval of EPA and MPCA.
    The property will be restricted to only industrial or restricted 
commercial uses. Industrial uses generally include, but are not limited 
to, the following types: public utility services, rail and freight 
services, raw storage facilities, refined material storage facilities, 
and manufacturing facilities engaged in the mechanical or chemical 
transformation of materials or substances into new products. Restricted 
commercial use is defined as use where access or occupancy by non-
employees is less frequent or is restricted, including a wide variety 
of uses, ranging from non-public access and both outdoor and indoor 
activities (e.g., large scale warehouse operations), to limited public 
access and indoor worker activities (e.g., shopping mall, retail 
outlet, bank, dentist office). Strictly prohibited uses under either 
category shall include any child care or pre-school facility, 
playground, any form of housing, churches, social centers, hospitals, 
elder care facilities or nursing homes.

Remedial Design (RD)

    In August 2004, EPA concurred with the Navy's March 2004 Land Use 
Control Remedial Design (LUCRD) for OU2. The LUCRD specifies how the 
OU2 remedy will be implemented, maintained, and enforced should any 
breach of the remedy occur. It details the Navy's continuing 
responsibilities with respect to OU2, including the following: ensuring 
annual on-site physical inspections of OU2 are performed to confirm 
continued compliance with all LUC Performance Objectives; ensuring 
annual LUC Compliance Certifications are provided to EPA and MPCA that 
explain any deficiency, if found; conducting five-year reviews of the 
remedy as required by CERCLA and the NCP; notifying EPA and MPCA prior 
to any planned property conveyance; providing EPA and MPCA the 
opportunity to review the text of intended deed provisions; and 
notifying EPA and MPCA should site activities interfere with LUC 
effectiveness.

Response Activities/LUCs

    The LUCs were incorporated into a Quitclaim Deed that was 
implemented on June 17, 2004, and executed by the property owner, the 
United States, and MPCA, and that acts as an environmental covenant 
describing the property restrictions. These deed restrictions run with 
the land such that any subsequent owner is bound by the same 
restrictions. The LUCs are to remain in place until EPA and MPCA 
determine that the concentrations of hazardous substances in the soils 
have been reduced to levels that allow for a less restrictive use.

Cleanup Goals

    There is no cleanup associated with the remedy for OU2. Surface 
soils that posed unacceptable commercial/industrial risk levels were 
excavated and disposed of off-site during removal actions prior to 
implementation of the LUCs at the Site.

Operation and Maintenance (O&M)

    The Navy, as the lead agency, is responsible for conducting routine 
inspections to ensure that LUCs are maintained and enforced. The Navy 
is responsible for reporting the results of the inspections and any 
breach of the LUCs to the MPCA and EPA.

Five-Year Review (FYR)

    The Navy conducted a FYR at the Site in October 2013. The 2013 FYR 
concluded that the remedy at NIROP for OU2 is protective of human 
health and the environment. The FYR calls for the Navy to continue 
long-term stewardship to ensure that the LUCs are maintained.

Future Redevelopment

    Plans are currently underway to redevelop the NIROP Site into a 
commercial office/warehouse complex. This planned redevelopment is 
consistent with the existing Land Use designation for the site. The 
three parties to the FFA concur that the delisting of OU2 from the NPL 
would facilitate this redevelopment effort and allow OU2 to become 
eligible for State and Federal Brownfields funding. Superfund NPL site 
property is not eligible for Federal Brownfields funding.
    A developer has enrolled the NIROP site and certain adjacent land 
into MPCA's Voluntary Investigation and Cleanup (VIC) program. In 
conjunction with the redevelopment of the NIROP Superfund Site, any 
additional investigations will be conducted under the oversight and 
direction of MPCA's VIC program.

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 and at 
www.regulations.gov. Documents in the docket include maps which 
identify the specific parcels of land that are included in this 
document (i.e., OU2).

Determination That the Site Meets the Criteria for Deletion in the NCP

    The NCP (40 CFR 300.425(e)) states that portions of a site may be 
deleted from the NPL when no further response action is appropriate. 
EPA, in consultation with the State of Minnesota, has determined that 
no further action is appropriate.

V. Deletion Action

    EPA, with concurrence of the State of Minnesota through the MPCA, 
has determined that all appropriate response actions under CERCLA, 
other than operation, maintenance, and five-year reviews, have been 
completed. Therefore, EPA is deleting OU2 of the NIROP Superfund Site 
from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is proceeding without prior publication. This action will 
be effective August 29, 2014 unless EPA receives adverse comments by 
July 30, 2014. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of partial deletion before the effective date of 
the partial deletion and it will not take effect. EPA will prepare a 
response to comments and continue with the deletion process on the 
basis of the notice of intent to partially 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: June 12, 2014.
Susan Hedman,
Regional Administrator Region 5.

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

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:


[[Page 36662]]


    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]

0
2. Table 2 of Appendix B to part 300 is amended by revising the entry 
for ``MN,'' ``Naval Industrial Reserve Ordnance Plant,'' ``Fridley'' to 
read as follows:

Appendix B to Part 300--National Priorities List

* * * * *

                                       Table 2--Federal Facilities Section
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                 St                          Site name                City/County              (Notes) (a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
MN..................................  Naval Industrial         Fridley                   P
                                       Reserve Ordnance Plant.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

* * * * *
    Notes:
    (a) A = Based on issuance of health advisory by Agency 
for Toxic Substances and Disease Registry (if scored, HRS score need 
not be greater than or equal to 28.50).
* * * * *
    P = Sites with partial deletion(s).
* * * * *
[FR Doc. 2014-15255 Filed 6-27-14; 8:45 am]
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