[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37112-37122]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16192]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2006-0759 FRL-9997-47-Region 5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the South Minneapolis 
Residential Soil Contamination Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is 
publishing a direct final Notice of Partial Deletion of all but nine of 
approximately 3,632

[[Page 37113]]

properties located within the South Minneapolis Residential Soil 
Contamination Superfund Site in 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. This direct final 
partial deletion is being published by EPA with the concurrence of the 
State of Minnesota, through the Minnesota Department of Agriculture, 
because all appropriate response actions for these 3,623 properties 
under CERCLA have been completed. However, this partial deletion does 
not preclude future actions under Superfund. The nine properties not 
included in this partial deletion will remain on the NPL.

DATES: This direct final partial deletion is effective September 30, 
2019 unless EPA receives adverse comments by August 30, 2019. 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 partial deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2006-0759 by one of the following methods:
    https://www.regulations.gov. Follow on-line instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
    Email: [email protected]
    Mail: Randolph Cano, NPL Deletion Coordinator, U.S. Environmental 
Protection Agency Region 5 (ST-6J), 77 West Jackson Boulevard, Chicago, 
IL 60604, (312) 886-6036
    Hand deliver: Superfund Records Center, U.S. Environmental 
Protection Agency Region 5, 77 West Jackson Boulevard, 7th Floor South, 
Chicago, IL 60604, Phone: (312) 886-0900. 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 a.m. to 4 p.m., 
excluding Federal holidays.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2006-0579. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://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 https://www.regulations.gov or email. The https://www.regulations.gov website 
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 https://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 https://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 hard copy. 
Publicly available docket materials are available either electronically 
at https://www.regulations.gov or electronically or in hard copy at:
    U.S. Environmental Protection Agency, Region 5, Superfund Records 
Center, 77 West Jackson Boulevard, 7th Floor South, Chicago, IL 60604, 
Phone: (312) 886-0900, Hours: Monday through Friday, 8 a.m. to 4 p.m., 
excluding Federal holidays.
    Minneapolis Central Library, 300 Nicollet Mall, 2nd Floor, 
Minneapolis, MN 55401, Phone: (612) 543-8000. Hours: Monday through 
Thursday, 9 a.m. to 9 p.m., Friday and Saturday, 9 a.m. to 5 p.m. and 
Sunday, 12 p.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Randolph Cano, NPL Deletion 
Coordinator, U.S. Environmental Protection Agency Region 5 (ST-6J), 77 
West Jackson Boulevard, Chicago, IL 60604, Phone: (312) 886-6036, or 
via email at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    EPA Region 5 is publishing this direct final Notice of Partial 
Deletion for the South Minneapolis Residential Soil Contamination 
Superfund Site (South Minn. Site), from the NPL. The South Minn. Site 
includes approximately 3,632 properties located on approximately 1,400 
acres within an approximate three-quarter mile radius of the CMC 
Hearland Lite Yard State Superfund Cleanup Site. This partial deletion 
pertains to all media at approximately 3,623 of the residential 
properties, parks, schools, playgrounds associated with church schools 
and a cemetery located within the South Minn. Site boundary, and 
excludes the nine properties identified in Table 1 in the Docket that 
still require sampling and/or remediation due to access issues. The 
nine properties identified in Table 1 in the Docket will remain on the 
NPL and are not being considered for deletion as part of this action.
    The nine properties that are not included in this partial deletion 
are shown generally on the figure labeled South Minneapolis Remedial 
Action and are listed in Table 1 in the Docket and include: Three 
properties that still require remediation (located on East 23rd Street, 
East 21st Street and East 22nd Street); five properties that still 
require sampling [located on East 26th Street, 12th Avenue South (two 
properties, one of which is now a community garden), 30th Avenue South 
and 14th Avenue South]; and one

[[Page 37114]]

partially sampled property located on 19th Avenue South.
    Commercial and industrial properties located within the South Minn. 
Site boundary do not require deletion because these properties are not 
part of the South Minn. Site and are not on the NPL.
    The NPL constitutes Appendix B of the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), which EPA promulgated 
pursuant to CERCLA. 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 South Minn. 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 
(Nov. 1, 1995). As described in 40 CFR 300.425(e)(3) of the NCP, a 
portion of a site deleted from the NPL remains eligible for Fund-
financed remedial actions if future conditions warrant such actions.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses the procedures that EPA is 
using for this action. Section IV discusses the residential properties, 
parks, schools, community gardens, playgrounds associated with church 
schools and the cemetery within the South Minn. Site boundary that are 
included in this partial deletion and demonstrates how these properties 
meet the deletion criteria. Section V discusses EPA's action to 
partially delete all, but nine, properties located within the South 
Minn. Site boundary 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, or portions 
thereof, 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:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has 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.
    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 or a 
portion of 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 the deletion of all residential 
properties, parks, schools, community gardens, playgrounds associated 
with church schools and the cemetery located within the South Minn. 
Site boundary excluding the nine properties that still require sampling 
and/or remediation due to access issues:
    (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 in the ``Proposed Rules'' section of 
the Federal Register.
    (2) EPA has provided the State 30 working days for review of this 
notice and the parallel Notice of Intent to Partially Delete prior to 
their publication today, and the State, through the Minnesota 
Department of Agriculture (MDA), has concurred on the partial deletion 
of the South Minn. Site from the NPL.
    (3) Concurrent with the publication of this direct final Notice of 
Partial Deletion, an announcement of the availability of the parallel 
Notice of Intent for Partial Deletion is being published in a major 
local newspaper, the Minneapolis Star Tribune. The newspaper notice 
announces the 30-day public comment period concerning the Notice of 
Intent for Partial Deletion of the South Minn. Site from the NPL.
    (4) The EPA placed copies of documents supporting the partial 
deletion in the deletion docket and made these items available for 
public inspection and copying at the South Minn. Site information 
repositories identified above.
    (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 and 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 further 
response actions, should future conditions warrant such actions.

IV. Basis for Partial Site Deletion

    The following information provides EPA's rationale for deleting all 
residential properties, parks, schools, community gardens, playgrounds 
associated with church schools and the cemetery located within the 
South Minn. Site boundary from the NPL, excluding the nine properties 
that still require sampling and/or remediation:

Site Background and History

    The South Minn. Site (MND 000 509 136) is located in Minneapolis, 
Hennepin County, Minnesota, approximately two miles southeast of 
downtown Minneapolis. The South Minn. Site includes all residential 
properties, parks, schools, playgrounds associated with church schools 
and a cemetery located within an approximate three-quarter mile radius 
of the CMC Heartland Lite Yard State Superfund Cleanup Site (CMC Site). 
The CMC Site is located at the northwest corner of Hiawatha Avenue and 
28th Street in Minneapolis. Past operations at the CMC Site 
contaminated the South Minn. Site with arsenic. These past operations 
are the primary source of the South Minn. Site arsenic contamination. 
The CMC Site was cleaned up under MDA's State Superfund Cleanup Program 
in 2004-2005 and redeveloped into a 60,000 square foot light industrial 
building called the Hiawatha Business Center.
    The South Minn. Site is largely a residential area interspersed 
with commercial and industrial properties, municipal properties 
including parks and schools, and a cemetery (see Figure

[[Page 37115]]

1-1 in the Docket). The South Minn. Site boundary is based on the 
results of air dispersion modeling which showed the potential area of 
arsenic deposition from past operations at the CMC Site (see Figure 4-1 
in the Docket). The commercial and industrial properties located within 
the South Minn. Site area are not on the NPL and are not part of the 
South Minn. Site.
    The majority of the homes in the South Minn. Site area were built 
during the early 1900s through the 1930s. A typical residential block 
within the South Minn. Site contains approximately 30 properties with 
an average lot size of approximately 5,500 square feet (0.1 acre). The 
current land uses at the South Minn. Site have been in place for some 
time and are expected to continue. Land use at the South Minn. Site is 
controlled by the City of Minneapolis's enforced zoning program.
    The CMC Site property, which is the primary source of the arsenic 
contamination at the South Minn. Site, was owned by the Chicago, 
Milwaukee, St. Paul and Pacific Railroad Company (Milwaukee Railroad) 
beginning in 1880. From 1938 to 1969, Reade Manufacturing Company 
(Reade) leased the property from the Milwaukee Railroad.
    From 1938 to 1963, Reade blended, stored and distributed arsenic 
herbicides and pesticides at the CMC Site. During the 1940s, Reade also 
produced an arsenic-based grasshopper insecticide. As part of its 
operations, Reade regularly unloaded arsenic trioxide from railroad 
hopper cars onto an open conveyor belt. This caused powdered arsenic 
trioxide to be released into the air and onto the CMC Site property.
    From 1963 to 1968, U.S. Borax subleased the CMC Site property from 
Reade. U.S. Borax manufactured, shipped and stored borate-based 
herbicides. U.S. Borax did not receive new shipments of powdered 
arsenic trioxide, however, its operations at the CMC Site disturbed and 
dispersed the arsenic contamination that was already present at the 
property from Reade's operations.
    In 1968, a storage tank containing liquid sodium arsenite (NaAs02) 
ruptured at the CMC Site. This released approximately 3,000 gallons of 
liquid sodium arsenite from a 25,000-gallon storage tank onto an area 
of approximately 1,000 square meters. U.S. Borax covered the spill with 
approximately 6 inches of sand.
    After 1968, Rollins Oil Company and then Bituminous Roadways, an 
asphalt road construction company, occupied the CMC Site. By 1996, 
after the arsenic contamination was discovered at the CMC Site, 
Bituminous Roadways placed one to two feet of crushed asphalt over the 
CMC Site property to minimize human exposure to surface soil and to 
keep additional dust from blowing off of the property.
    The Minnesota Department of Transportation (MnDOT) discovered the 
arsenic contamination at the CMC Site in 1994 when investigating the 
Hiawatha Avenue corridor for reconstruction. The MnDOT collected soil 
samples from the easternmost part of the CMC Site and detected 
organochlorine pesticides and elevated levels of arsenic in some of the 
soil borings.
    In 1996, CMC Heartland Partners, the CMC Site property owner at the 
time, began investigating the CMC Site under the oversight of the MDA's 
Agricultural Voluntary Investigation and Cleanup Program. Later, the 
State of Minnesota added the CMC Site to the Minnesota Permanent List 
of Priorities, a list of sites eligible for cleanup under Minnesota's 
State Superfund Program. In 2003, the MDA formally requested U.S. Borax 
and CMC Heartland Partners to investigate and cleanup the CMC Site.
    U.S. Borax's and CMC Heartland Partner's investigations detected 
arsenic in surface soil at the CMC Site at concentrations as high as 
5,000 mg/kg. Groundwater below the CMC Site contained arsenic 
concentrations as high as 320,000 micrograms per liter ([micro]g/L). 
The groundwater contamination extended approximately 1,800 feet west-
southwest of the CMC Site.
    U.S. Borax and CMC Heartland Partners cleaned up the CMC Site from 
2004 to 2005 under the oversight of MDA's Superfund Program. The 
cleanup included the excavation, stabilization and off-site disposal of 
contaminated soil and debris from the property and institutional 
controls to restrict access to residual soil and groundwater 
contamination remaining at and downgradient of the CMC Site.
    There are no private drinking water wells at the CMC Site or within 
the South Minn. Site area. The City of Minneapolis supplies all 
drinking water to the area from the Mississippi River. The City of 
Minneapolis, Minnesota Code of Ordinances Chapter 9, Section 1 requires 
that all properties within the city connect to the municipal water 
supply.
    The MDH established a Special Well Construction Area (SWCA) to 
address the arsenic plume from the CMC Site in 2005. The SWCA applies 
to the construction, repair, and sealing of all wells and will remain 
in effect until further notice. The SWCA includes the area bounded by 
East 26th Street on the north, 26th Avenue on the east, Lake Street on 
the south, and Bloomington Avenue South on the west, within the City of 
Minneapolis. A copy of MDH's 2005 memorandum concerning the SWCA is 
available in the Docket.
    2800 Hiawatha LLC acquired the CMC Site in 2005. 2800 Hiawatha LLC 
conducted an additional soil cleanup at the CMC Site under MDA's 
voluntary cleanup program, now called the AgVIC program, and 
redeveloped the property into the Hiawatha Business Center. 2800 
Hiawatha LLC also monitors the arsenic concentrations in groundwater at 
the CMC Site.
    Due to the elevated concentrations of arsenic at the CMC Site, in 
1999, the Minnesota Department of Health (MDH) recommended that soil 
sampling be performed in residential areas near the CMC Site (part of 
the area that would come to be known as the South Minn. Site). The 
prevailing summer winds were determined to be from the southeast toward 
the northwest; therefore, the residential area located directly 
downwind of the CMC Site was the focus of this initial sampling effort.
    MDA in conjunction with MDH, conducted the initial, limited 
sampling event at residential properties to the west (crosswind) and 
northwest (downwind) of the CMC Site in 2001. The results of the 2001 
MDA sampling detected arsenic in soil at six of the 11 downwind 
properties sampled at concentrations as high as 24 to 210 milligrams 
per kilogram (mg/kg).
    Based on the 2001 sampling event and neighborhood concerns, MDA and 
MDH determined that additional sampling to the northwest and west of 
the CMC Site was warranted. MDA conducted a second study in 2003. MDA 
developed the sampling design for the 2003 study to obtain 
statistically valid data using a grid overlain on the Phillips 
neighborhood with the majority of the samples falling on residential 
properties.
    MDA's contractor collected soil samples from a total of 242 
locations and 167 properties during the 2003 sampling. MDA's contractor 
additionally collected 12 duplicate samples for quality control and 23 
co-located samples to give an indication of spatial variability.
    Thirty-five samples collected from 27 of the properties contained 
arsenic at concentrations greater than or equal to the Minnesota 
Pollution Control Agency (MPCA) unrestricted land use standard of 10 
mg/kg. In 11 of the samples, the concentration of arsenic was greater 
than 100 mg/kg. Four of those samples

[[Page 37116]]

contained arsenic at concentrations exceeding 200 mg/kg.
    In 2004, MDA requested EPA's assistance to determine whether a time 
critical removal action was warranted to address the arsenic 
concentrations detected in the residential soil. EPA agreed to perform 
an additional investigation. EPA collected samples from 192 properties, 
primarily in the vicinity of the properties previously identified as 
hotspots, from a depth of zero to three inches below ground surface.
    EPA consulted with the Agency for Toxic Substances and Disease 
Registry (ATSDR) and determined that arsenic concentrations equal to or 
greater than 95 mg/kg in surface soil posed an acute risk to human 
health and warranted an emergency removal action. Based on the results 
of multiple sampling events conducted in the Phillips neighborhood (the 
vicinity of East 26th Street and Bloomington Avenue), EPA identified 30 
properties that exceeded the 95 mg/kg criterion.
    EPA conducted a removal action in 2004 to mitigate the threat. EPA 
excavated the top 12 inches of soil from the yards and the top 18 
inches of soil from play areas and gardens at the 30 identified 
properties. EPA removed an average of 106 cubic yards of arsenic-
contaminated soil from each excavated property. EPA also collected 
post-excavation soil samples from each property to document the 
residual arsenic concentrations remaining in each yard after 
excavation. EPA backfilled each property to pre-existing grade with 
clean topsoil and seeded the excavated areas with grass seed.
    In 2005, EPA sampled 540 additional properties in the Phillips 
neighborhood to ensure that 100 percent of the residential properties 
most likely to be impacted by wind deposition from the CMC Site were 
evaluated for potential impacts. EPA also sampled another 60 properties 
to identify whether areas in other wind directions surrounding the CMC 
Site were impacted.
    EPA's sampling effort identified another 31 properties with arsenic 
concentrations above 95 mg/kg. EPA began a second removal action in 
2005. During the 2005 removal action, EPA excavated and disposed of 
arsenic-contaminated soil consistent with the 2004 removal activities.
    Due to the potential health risks posed to residents from exposure 
to arsenic-contaminated soil, EPA proposed the South Minn. Site to the 
NPL on September 27, 2006 (71 FR 56433). EPA finalized the South Minn. 
Site on the NPL on September 19, 2007 (72 FR 53463).
    This partial deletion pertains to all media at all properties 
located within the boundary of the South Minn. Site except for nine 
properties that still require sampling and/or remediation due to access 
issues (see Section I., Introduction, above). This partial deletion 
also pertains to all media at all parks, schools, community gardens 
(except the community garden located on 12th Avenue South that is one 
of the nine properties that still requires sampling and/or 
remediation), playgrounds associated with church schools and the 
cemetery located within the South Minn. Site boundary.
    The nine properties that still require sampling and/or remediation 
as shown generally on the figure labeled South Minneapolis Remedial 
Action and as listed in Table 1 in the Docket will remain on the NPL 
and are not being considered for deletion as part of this action.
    Commercial and industrial properties located within the South Minn. 
Site boundary do not require deletion because these properties are not 
part of the South Minn. Site and are not on the NPL.

Remedial Investigation and Feasibility Study (RI/FS)

    EPA conducted a Remedial Investigation (RI) at the South Minn. Site 
from 2005 to 2007. The objective of the RI was to have 100 percent of 
the residential properties, schools and parks within the modeled 
boundaries of the South Minn. Site sampled for total arsenic. EPA also 
collected soil samples for arsenic analysis from community gardens, 
playgrounds associated with church schools and a cemetery.
    EPA developed the boundary for the South Minn. Site using the 
Industrial Source Complex 3 air dispersion model, information from past 
operations at the CMC Site and wind-rose data for Minneapolis to 
predict where arsenic may have been deposited in soil at concentrations 
greater than 10 mg/kg. EPA made slight adjustments to the modeled 
boundary so that an entire block would be sampled (see Figure 4-1).
    EPA did not include previously sampled properties in the RI surface 
soil sampling unless only one discrete sample had been collected from 
that property. The RI also did not address groundwater. Groundwater was 
previously investigated and is being addressed as part of the CMC Site 
(see Site Background and History section).
    EPA conducted the RI surface soil sampling in 2006. EPA conducted 
the sampling by collecting five samples from separate areas of each 
property and combining them into one composite sample for analysis. EPA 
collected the soil samples from the top three inches of soil, below any 
grass if present. EPA collected the soil samples from both the front 
yard and the back yard wherever possible. EPA also collected samples 
from side yards and gardens depending on their size. For larger 
properties, such as parks and schools, EPA divided the property into 
sub-areas and collected composite samples from each sub-area.
    The RI also included subsurface soil sampling at 20 soil boring 
locations throughout the South Minn. Site. The subsurface soil borings 
were located to provide data to characterize the vertical distribution 
of arsenic at properties with varying arsenic concentrations. EPA 
collected subsurface soil samples from each boring at one foot 
intervals from zero to five feet, and at a depth of ten feet.
    The surface soil sampling locations are shown in Figure 3-1 in the 
Docket. The subsurface soil sampling locations are shown in Figure 3-2.
    EPA evaluated the 2006 soil sampling results against the previous 
soil sampling results collected from 2001 to 2005. EPA determined that 
the data were compatible and could be evaluated as a single data set 
for the RI. The total number of properties sampled for arsenic from 
2001 to 2006 was 3,578. One-hundred and thirty-five properties within 
the South Minn. Site remained unsampled because the property owners did 
not allow EPA access.
    The results of the surface and subsurface soil investigations at 
the South Minn. Site indicated that arsenic was present in the soil at 
varying concentrations at properties across the area (see Figure 4-2 in 
the Docket). The RI included a statistical evaluation which determined 
that the background concentration of arsenic in surface soil from 
natural and man-made sources within the South Minn. Site area was 16 
mg/kg.
    Arsenic concentrations within the South Minn. Site ranged from 
background concentrations up to 2,880 mg/kg. The vertical extent of 
arsenic concentrations above background appeared to be no greater than 
three feet below ground surface and, in most cases, was within the 
upper two feet of soil. This indicated that that the mobility of the 
arsenic in the soil was limited.
    Of the 3,578 properties sampled, the majority of residential 
properties (2,600 properties) had arsenic concentrations below MPCA's 
unrestricted land use standard of 10 mg/kg. Seven-hundred and eighty-
one residential properties contained concentrations of arsenic

[[Page 37117]]

below EPA's removal action level for arsenic of 95 mg/kg, but above 
MPCA's unrestricted land use standard of 10 mg/kg. One-hundred and 
ninety-seven residential properties had arsenic concentrations in soil 
above EPA's removal action level of 95 mg/kg.
    The properties with arsenic concentrations above EPA's removal 
action level of 95 mg/kg were scattered throughout the South Minn. Site 
area. EPA addressed these properties through removal actions EPA 
completed by 2008. All sample results from the schools, parks, 
playgrounds and the cemetery were within background levels and these 
properties did not require remediation.
    EPA's RI included a Human Health Risk Assessment (HHRA) to evaluate 
the risks to human health from the arsenic contamination detected at 
the South Minn. Site. As part of the HHRA, EPA calculated potential 
risks due to varying concentrations of arsenic at residences with and 
without vegetable gardens, and for construction workers.
    Using reasonable maximum exposure assumptions, EPA determined that 
an arsenic concentration of up to 25 mg/kg (or less) in soil is 
protective of adults and children residing within the South Minn. Site 
area for up to 50 years with vegetable gardens. This concentration of 
arsenic corresponds to a cancer risk of 1 x 10-4 and a 
noncancer hazard of 1, which are within EPA's acceptable risk range. 
Approximately 486 homes exceeded the 25 mg/kg residential threshold. 
The HHRA determined that arsenic concentrations of 261 mg/kg (or less) 
are protective of construction workers.
    The HHRA estimated that most of the risk posed by the soil is due 
to the incidental ingestion of soil and dust (approximately 70 
percent), and to eating garden vegetables (approximately 25 percent). A 
small proportion of the estimated risk (approximately 4 percent) is 
from dermal contact with soil, and a very small relative proportion of 
potential risk (less than 0.05 percent) is from the inhalation of dust. 
The calculated risks to residents and construction workers are likely 
overestimated due to the uncertainties and conservative assumptions 
required throughout the HHRA process.
    The RI included a Screening Level Ecological Risk Assessment 
(SLERA) to evaluate potential risks to ecological receptors from the 
arsenic-contaminated soil at the South Minn. Site. The SLERA concluded 
that no population-level ecological risks were expected from the 
arsenic contamination. In addition, EPA's Ecological Soil Screening 
Levels for arsenic of 43 mg/kg for avian wildlife and 46 mg/kg for 
mammalian wildlife were higher than the 25 mg/kg concentration of 
arsenic determined to be protective of people. There are no water 
bodies or wetlands within the South Minn. Site.
    EPA conducted a Feasibility Study (FS) to develop and evaluate 
cleanup alternatives to address the unacceptable levels of arsenic 
found at the South Minn. Site. The FS evaluated six cleanup 
alternatives: (1) No action; (2) remove soil with arsenic levels above 
25 mg/kg to a depth of 12 inches (18 inches in garden areas); (3) 
remove soil with arsenic levels above 16 mg/kg to a depth of 12 inches 
(18 inches in garden areas); (4) remove soil with arsenic levels above 
25 mg/kg to a depth of 12 inches (18 inches in garden areas) and remove 
soil deeper than 12 inches with arsenic levels above 95 mg/kg; (5) 
remove all soil with arsenic levels above 25 mg/kg; and (6) remove all 
soil with arsenic levels above 16 mg/kg. For all cleanup alternatives 
except the no action alternative, the excavated soil would be disposed 
of at landfill.

Selected Remedy

    EPA selected a cleanup remedy for the South Minn. Site in a 2008 
Record of Decision (ROD). EPA's remedial action objectives for the 
arsenic-contaminated soil at the South Minn. Site are to control the 
concentrations of arsenic in soil to limit residential contact with 
arsenic and minimize the potential for dermal contact, ingestion and 
inhalation exposures.
    EPA's selected cleanup standards for arsenic are 25 mg/kg for soil 
located zero to 12 inches below grade or to 18 inches below grade in 
gardens, and 95 mg/kg for soil down to a depth of 10 feet below grade. 
These concentrations of arsenic correspond to a cancer risk of 1 x 
10-4 and a noncancer hazard of 1 for residential exposure to 
surface soil and a cancer risk of 2 x 10-5 and a noncancer 
hazard of 0.4 for construction worker exposure to subsurface soil.
    The subsurface soil cleanup standard of 95 mg/kg corresponds to a 
cancer risk of 4 x 10-4 and a noncancer hazard of 4 to 
residents. However, residential exposure to deep, subsurface 
concentrations of arsenic is only expected in rare circumstances and 
for short periods of time, and less frequently than a construction 
worker. Any risks from exposure to arsenic contamination in deep soil 
would also be mitigated through the inevitable mixing of the deep soil 
with the clean, shallow soil above, resulting in lower exposure point 
concentrations. Therefore, EPA considered the 95 mg/kg acute exposure-
based removal action level provided by ATSDR to be appropriate for 
subsurface soil and protective over the long-term.
    As indicated in the HHRA, most of the risk at the South Minn. Site 
was due to the incidental ingestion of soil and dust by residents and 
to residents eating garden vegetables. A small proportion of the 
estimated risk is from dermal contact with soil, and a very small 
relative proportion of potential risk is due to inhalation of dust. 
EPA's remedial action objectives for the South Minn. Site take into 
consideration that control of the soil concentrations of arsenic will 
address each of the exposure pathways contributing to the overall risk.
    The selected remedy in the ROD applied only to the residential and 
residential-type properties at the South Minn. Site. The commercial and 
industrial properties in the area typically had little open ground and 
were mainly covered by asphalt, concrete or buildings which limited the 
potential for soil exposure.
    The major components of EPA's selected cleanup remedy for the South 
Minn. Site in the ROD, as modified by a slight, non-significant change 
documented in a September 23, 2009 EPA memorandum include: (1) 
Inventory and document the existing conditions at the areas requiring 
the remedy; (2) excavate soil to a depth of 12 inches below grade in 
yards or to a depth of 18 inches below grade in garden areas that have 
a total arsenic concentration above 25 mg/kg; (3) post-excavation soil 
sampling to document arsenic concentrations in the remaining soil; (4) 
if the samples at the base of the excavation exceed the deep soil 
arsenic cleanup standard of 95 mg/kg, then excavate soil until the deep 
soil cleanup standard is met or to a maximum depth of ten feet; (5) if 
the samples at the base of the excavation exceed the deep soil arsenic 
cleanup standard, place a permanent, permeable highly-visible marker 
layer in the bottom of the excavation to provide a visual barrier over 
soils that were not excavated during the remedial actions and may 
contain residual contamination above the deep soil cleanup standard; 
(6) backfill excavations with clean fill and topsoil to the original 
grade; (7) restore the excavated areas (i.e., restoring vegetation by 
seeding the final graded surface and planting replacement plants 
identified prior to excavation during the inventory); (8) collect 
samples from excavated soil to confirm the soil is not 
characteristically hazardous and may be transported to and disposed of 
at a permitted and compliant Resource Conservation Recovery Act (RCRA)

[[Page 37118]]

Subtitle D landfill; (9) if soil is found to be characteristically 
hazardous, the soil may be stabilized and solidified at a centralized 
off-site treatment area and disposed of a RCRA Subtitle D landfill, or 
not stabilized and disposed of as a hazardous waste at a RCRA Subtitle 
C landfill; and (10) place institutional controls (ICs) on properties 
where the arsenic cleanup standard was not met at the bottom of the 
excavation in the form of use-restrictions to define areas of remaining 
concern or zoning and permit requirements to limit exposure.

Response Actions

    EPA conducted the Remedial Design (RD) phase of the South Minn. 
Site cleanup from 2008 to 2009. EPA conducted the majority of the 
Remedial Action (RA) construction work for the South Minn. Site from 
2009 to 2011. In 2016 and 2018, EPA conducted additional remedial 
activities and/or sampling at properties where EPA was not previously 
able to obtain the owners' consent for access.
    EPA conducted the RA activities independently at each remediated 
property, but sequenced the work so that the contractor could move to 
nearby area as access to properties became available. The typical RA 
activities conducted at each property included: (1) Pre-construction 
survey; (2) plant inventory; (3) preconstruction property owner 
meetings; (4) locating utilities; (5) clearing and grubbing; (6) soil 
excavation; (7) transport and disposal; (8) post-excavation sampling 
and survey; (9) backfill placement; (10) topsoil placement; (11) 
restoration; (12) post-construction survey; (13) landscaping; (14) 
punch list activities; and 15) post-construction property owner 
meetings.
    EPA implemented dust control measures throughout the RA to minimize 
potential hazards associated with airborne respirable dust. Dust 
control measures at residential properties included keeping the soil 
wet, hand sweeping the sidewalks and streets adjacent to the remediated 
properties, and using a vacuum truck to sweep streets daily during 
earthwork activities. Dust control measures at the Hennepin Avenue 
laydown yard included covering soil piles except when being loaded/
unloaded, partial covering during loading/unloading as practicable, 
water spray for any visible dust, wetting and vacuuming pavement, using 
a rumble strip to remove dirt on trucks, inspecting trucks and full 
stormwater collection.
    EPA performed health and safety monitoring during construction to 
determine the effectiveness of the dust control measures and to assess 
potential risks to human health. EPA used field dust monitors to 
compare respirable dust concentrations at residential properties and at 
the laydown yard with site-specific exposure limits. EPA considered a 
15-minute average limit of 1.6 milligrams per cubic meter (mg/m\3\) to 
be protective of dust inhalation based on a maximum arsenic 
concentration of 385 mg/kg in soil. EPA calibrated the monitors daily 
and stationed them upwind and downwind of excavation activities at each 
property and at the laydown yard.
    A few isolated exceedances of the dust criteria occurred during 
soil remediation activities, but each of the exceedances was caused by 
monitoring anomalies, such as instrument calibration errors, 
construction equipment exhausting into the monitor, monitors falling to 
the ground, or exceedances at upwind monitoring locations not 
attributable to construction activities. Additionally, the dust limit 
was modeled based on an arsenic concentration of 385 mg/kg, which was 
generally an order of magnitude greater than the actual concentrations 
of arsenic at the properties or at the laydown yard. When considering 
the actual arsenic concentrations present at these properties and the 
laydown yard relative to the modeled concentration of 385 mg/kg, the 
construction activities did not appear to have caused an unacceptable 
risk due to dust inhalation. This is supported by monitoring performed 
at the Hennepin laydown yard. EPA analyzed a limited set of dust 
samples for arsenic to confirm that exposure limits were not exceeded 
and arsenic was not detected in any of the samples.
    EPA also compared dust monitoring readings to the particulate 
matter maximum 24-hour primary and secondary criteria of 0.26 mg/m\3\ 
and 0.15 mg/m\3\, respectively, per Minnesota Administrative Rule 
7009.0080. Dust monitoring indicated a limited number of exceedances of 
the primary and secondary particulate matter standards, but the 
readings appeared to be due to the monitoring anomalies as discussed 
above, and are not believed to represent actual exceedances.
    EPA performed the RA in accordance with the ROD with a few minor 
exceptions. In a few instances, based on a property owner's request or 
physical construction limitations, a small area of a property was not 
excavated even though the arsenic concentration in that area was above 
the surface soil cleanup level of 25 mg/kg. EPA determined that these 
areas did not present an unacceptable risk when evaluating the property 
as a whole; therefore these properties meet the criteria for partial 
deletion. These properties include:
    (1) One property located on 11th Ave. South (front yard, arsenic 
concentration 31 mg/kg). The file review indicates the front yard was 
not cleaned up during the earlier removal action. EPA determined that 
remedial action was not required given the small size of the yard and 
the arsenic concentration relative to the cleanup limits. The area-
weighted average arsenic concentration for the property is 15.6 mg/kg, 
which is below the surface soil cleanup level of 25 mg/kg.
    (2) A property located on 15th Ave. South (around a tree, arsenic 
concentration 33 mg/kg). No remediation was performed due to the 
limited extent of the soil area. The tree was encircled by concrete and 
excavation could not be performed while maintaining a safe distance 
from the tree trunk (so as to not harm the tree).
    (3) A property located on 19th Ave. South (garden area, arsenic 
concentration 51.2 mg/kg). After the yard was sampled and before the 
cleanup could occur, the yard was re-landscaped and a permanent 
structure was built in the garden area. Thus, it could not be accessed 
for cleanup.
    (4) A property located on 20th Ave. South (garden area, arsenic 
concentrations of 25.7, 38, and 39.4 mg/kg). EPA determined that 
remedial action was not required given the small size of the garden 
area and the arsenic concentrations relative to the cleanup limits. The 
area-weighted average arsenic concentration for this property is 14.4 
mg/kg, which is below the surface soil cleanup level of 25 mg/kg.
    By 2011, EPA had completed the soil cleanup at a total of 611 
properties: 137 properties remediated through EPA's Emergency Removal 
Program prior to 2009 that did not require additional response; 56 
properties that underwent an Emergency cleanup but required additional 
soil cleanup during the RA; two properties cleaned up by a developer 
after entering into an agreement with EPA; and 416 properties requiring 
an RA soil cleanup only.
    During the 2009 to 2011 RA, EPA was not able to complete the 
sampling and/or remediation at 54 properties due to access issues. 
These properties included (1) 14 properties that exceeded the cleanup 
criteria for arsenic, but could not be remediated because the property 
owners did not respond to requests for access or refused to provide EPA 
with access to clean up their property; (2) nine properties that EPA 
was not able to

[[Page 37119]]

obtain permission to sample to determine whether they are contaminated 
with arsenic; and (3) 31 residential properties that could not be 
completely sampled because portions of the yards were inaccessible due 
to fenced areas with no entrance provided, locked gates, pets in the 
yard, etc. during the RI.
    EPA and MDA contacted the owners of the 54 unsampled and/or 
unremediated properties in 2016 and 2018 to provide the property owners 
with another opportunity to allow EPA to complete the sampling and/or 
cleanup activities. By 2018, EPA was able to remediate 12 additional 
properties (one by EPA's Removal Program in 2018), and determine that 
33 of the 40 unsampled or partially sampled properties had arsenic 
concentrations below the cleanup level and did not require remediation.
    As of 2018, all, but nine, properties within the South Minn. Site 
have been remediated and/or sampled and determined to be below cleanup 
standards. The nine properties that EPA was not able to remediate and/
or sample (due to access issues) are shown generally on the figure 
labeled South Minneapolis Remedial Action and listed in Table 1 in the 
Docket and include: Three properties that still require remediation 
(located on East 23rd Street, East 21st Street and East 22nd Street); 
five properties that still require sampling [located on East 26th 
Street, 12th Avenue South (two properties, one of which is now a 
community garden), 30th Avenue South and 14th Avenue South]; and one 
partially sampled property located on 19th Avenue South. These nine 
properties are not included as part of the South Minn. partial deletion 
and will remain on the NPL.
    EPA demobilized from the South Minn. Site in 2011, then again in 
2016 and 2018 after completing the construction and sampling activities 
for all, but nine, properties at the South Minn. Site. Reports 
documenting the completion of the RA for the properties included in 
this partial deletion are available in the Docket in the following 
reports: 2012 Final Remedial Action Report; 2016 Final Remedial Action 
Report; 2018 Data Evaluation Report; 2014 Five-Year Review and 2019 
Five-Year Review.

Cleanup Levels

    The cleanup standards for the South Minn. Site arsenic 
contamination in the ROD are 25 mg/kg for soil located zero to 12 
inches below grade or 18 inches below grade in gardens and 95 mg/kg for 
soil down to a depth of 10 feet below grade. EPA confirmed that the 
cleanup levels were met at each excavation during the 2009 to 2011 RA 
using field x-ray fluorescence (XRF) followed by laboratory 
confirmation sampling.
    Based on a statistical analysis EPA conducted during the RD, EPA 
determined that the lower 95 percent confidence interval for a 
laboratory arsenic result of 95 mg/kg was an XRF reading of 62 mg/kg. 
For a laboratory result of 25 mg/kg, the lower 95 percent confidence 
interval was an XRF reading of 8 mg/kg, and the upper 95 percent 
confidence interval was an XRF reading of 44 mg/kg. During the RA, XRF 
readings above 62 mg/kg were considered to be above the 95 mg/kg 
cleanup level and further excavation was performed. XRF sample 
detections in surface soil above 44 mg/kg were considered to be above 
the 25 mg/kg cleanup level and additional excavation was performed. If 
XRF sample results in surface soil were between 8 mg/kg and 44 mg/kg, 
EPA submitted the soil sample for laboratory analysis to determine 
whether additional excavation was required.
    After the lower extent of an excavation was reached, EPA collected 
a 5-point composite sample from the excavation floor for laboratory 
analysis. The laboratory analysis indicated that all excavated yards 
were determined to be below the surface and subsurface cleanup criteria 
of based on the XRF readings and confirmed by the post-excavation 
analytical results. EPA submitted post-excavation confirmation samples 
for each excavation area at each property to provide 100 percent 
laboratory verification. In all instances, the confirmation results 
from the laboratory confirmed the determination that the excavation was 
complete based on the XRF readings. The placement of demarcation fabric 
and ICs were not required in any excavation.
    During the RD and the 2009 to 2011 RA, EPA resampled properties 
that were cleaned up between 2004 and 2008 by the Emergency Removal 
Program at a depth of 1 foot below ground surface if the 2004 to 2008 
post-excavation results were greater than the subsurface criteria of 95 
mg/kg. EPA used the results to assess if re-excavation was necessary 
during the RA. Based on this evaluation, EPA determined that additional 
soil excavation was required at 56 properties.
    The post-excavation confirmation sampling results from the 2004 to 
2008 removal actions and the 2009 to 2011 RA are included in Appendix 
D-3 of the 2012 Final Remedial Action Report in the Docket.
    During the 2016 RA, EPA conducted delineation sampling during 
predesign activities prior to construction in lieu of post-excavation 
confirmation sampling. A summary of the investigation activities and 
delineation sampling results for the 2016 RA is provided in the 2018 
Data Evaluation Report in the Docket.

Operation and Maintenance

    There is no operation, maintenance or monitoring at the properties 
included in this partial deletion. All of the properties included in 
this partial deletion meet the cleanup standards for surface and 
subsurface soils in the ROD, as confirmed through investigation, 
delineation and/or confirmation sampling. These properties have either 
been cleared for unrestricted use/unlimited exposure (UU/UE) or 
returned to UU/UE through the excavation and off-site disposal of 
contaminated soil. Because EPA returned these properties to UU/UE, 
institutional controls to limit land use are not required.
    Nine properties have not been sampled and/or remediated due to 
access issues. These properties are not included in this partial 
deletion. EPA provided the owners of the three properties with known 
arsenic contamination above criteria with information concerning the 
health risks and practices to minimize contact with soil contaminants. 
EPA also worked with the City of Minneapolis to ensure that utility and 
construction workers, and prospective buyers are put on notice of the 
contaminant levels at these properties.
    All Minneapolis property owners are required, by City of 
Minneapolis (City) Code of Ordinances Section 248.30, to disclose to 
potential buyers environmental testing performed on the property by or 
under the direction of EPA or other governmental agencies. All 
Minneapolis rental property owners are also required, by City Code of 
Ordinances Title 12 Section 244.275, to: (1) Notify tenants of 
environmental testing results and (2) to cooperate with EPA regarding 
any necessary cleanup.
    Added protection is also provided by the City in the form of a flag 
in their city permits databases for the three properties with 
contamination above cleanup levels to ensure that: (1) Rental permits 
are not issued for the properties, and (2) utility and construction 
workers are notified of the presence of contamination when a building 
or construction permit is sought for these properties until cleanups 
occur.
    In April 2019, EPA and MDA contacted the owners of the nine 
properties that still require sampling and/or remediation to request 
access,

[[Page 37120]]

but EPA's and MDA's requests for access continued to be denied. If EPA 
cannot obtain consent for access for sampling and/or remediation after 
continued efforts, EPA may pursue recorded ICs in the future on the 
uncooperative properties and/or may pursue other options for requiring 
access.

Five-Year Reviews

    The ROD requires EPA to conduct statutory five-year reviews (FYRs) 
for the South Minn. Site if cleanup standards are still exceeded at the 
maximum practicable excavation depth at a property, resulting in 
hazardous substances, pollutants or contaminants remaining above levels 
that allow for UU/UE. Because EPA could not sample and/or remediate 
nine properties at the South Minn. Site, EPA is required to conduct 
statutory FYRs of the South Minn. Site until these remaining properties 
are either sampled and cleared for UU/UE or remediated.
    EPA conducted the first FYR of the South Minn. Site in 2014. EPA 
conducted the most recent FYR for the South Minn. Site in May 2019. The 
2019 FYR concluded that the remedy at the South Minn. Site is 
protective of human health and the environment because immediate 
threats have been addressed and the remedy is functioning as intended 
by the ROD.
    The FYR confirms that the arsenic cleanup standards were met at the 
bottom of each excavation for all properties that were remediated, with 
the exception of four properties where minor areas of soil above 
criteria were left in place based on a property owner's request or 
physical construction limitations. EPA reviewed the information for 
these properties (provided in the 2012 RA Report) during the 2014 and 
2019 FYRs and determined that these residual areas of soil 
contamination did not present an unacceptable risk when evaluating each 
property as a whole. (See the Response Actions section above).
    The 2019 FYR concluded that for the three contaminated properties 
that still require remediation (not included as part of this partial 
deletion) effective governmental ICs are in place. Also, the FYR site 
inspection did not find any changes in land use at these properties 
that would cause an unacceptable risk. The contaminated soil at these 
properties is generally in lawn areas and covered by grass. Sampling 
throughout the South Minn. Site also demonstrates that the arsenic is 
generally not mobile and will not affect neighboring properties.
    During the 2019 FYR, EPA and MDA contacted the owners of the three 
properties that still require remediation and the owners of the six 
properties that still require sampling to obtain access and were again 
refused (these properties are not included as part of this partial 
deletion). If EPA cannot obtain consent for access for sampling and/or 
remediation after continued efforts, EPA may pursue recorded ICs in the 
future on the uncooperative properties and/or may pursue other options 
for requiring access.
    EPA will conduct the next FYR at the South Minn. Site on or before 
May 2023. If EPA is able to complete the sampling and any necessary 
remediation at the nine remaining properties at the South Minn. Site, 
however, EPA will propose to delete the South Minn. Site from the NPL 
in its entirety and FYRs will no longer be required.

Community Involvement

    EPA actively engaged with the community and strived to advocate and 
strengthen early and meaningful community participation throughout 
EPA's remedial activities at the South Minn. Site, satisfying the 
provisions of Sections 113(k) and 117 of CERCLA, 42 U.S.C. 9613(k) and 
9617.
    EPA developed a Community Involvement Plan (CIP) for the South 
Minn. Site in July 2005. The CIP outlined the community involvement 
activities that EPA conducted and would continue to undertake during 
the remedial activities planned for the South Minn. Site.
    Since 2004, the year that EPA became involved with the South Minn. 
Site, EPA held 22 public meetings and availability sessions about the 
South Minn. Site investigations and cleanup. EPA held major meetings at 
the YWCA located at 2121 East Lake Street in Minneapolis, and other 
meetings at other locations throughout the affected area in an effort 
to make the meetings more available to all of the communities impacted 
by the South Minn. Site. EPA held meetings at Powderhorn Park, the 
Franklin Avenue Safety Center, and the Minneapolis Public Library Lake 
Street Branch.
    EPA issued its proposed cleanup plan for the South Minn. Site and 
held a public comment period on its proposal from June 2, 2008 to July 
1, 2008. EPA also held a public meeting on June 11, 2008 at the YWCA to 
discuss the contamination at the South Minn. Site, the cleanup 
alternatives being considered, and to answer questions and accept 
public comments on the proposed cleanup plan. Approximately 40 people 
attended the meeting. EPA received approximately 31 public comments 
during the comment period.
    EPA mailed out post cards announcing the public meetings and fact 
sheets updating the community on the status of the project throughout 
the entire removal and remedial process. EPA sent mailings out to 
approximately 10,000 homes. Because of the multi-lingual nature of the 
area EPA translated the mailings into four languages: English, Spanish, 
Hmong and Somali. EPA eventually limited the translations to English 
and Spanish, but continued to make Hmong and Somali translations 
available upon request.
    EPA developed and maintained public local information repositories 
for the South Minn. Site at four locations: (1) Green Institute, 2801 
21st Ave. S, Suite 100, Minneapolis, MN; (2) City of Minneapolis Police 
Department, 1201-B E Franklin Ave., Minneapolis, MN; (3) Minneapolis 
Central Library, 300 Nicollet Mall, 2nd Floor Minneapolis, MN; and (4) 
Minneapolis Public Library, East Lake Branch, 2727 E Lake St., 
Minneapolis, MN. EPA also developed and maintains a web page for the 
South Minn. Site located at: http://epa.gov/region5/sites/cmcheartland.
    EPA involved state and local government officials in the 2014 and 
2019 FYR process by notifying them at the start of the FYR. EPA 
interviewed the former 9th Ward Alderman of the City of Minneapolis, 
the Minneapolis City Engineer, and an MDH Environmental Research 
Scientist during the 2014 FYR and included summaries of the interviews 
in the FYR Report. EPA conducted the 2014 and 2019 FYR site inspections 
jointly with MDA project staff and provided MDA an opportunity to 
review and provide input on the FYRs.
    EPA notified the community about the 2014 FYR by publishing a 
newspaper announcement in the Minneapolis Southside Pride at the start 
of the FYR. The newspaper announcement invited the community to submit 
any concerns about the South Minn. Site to EPA and directed the 
community to EPA contacts and the South Minn. Site's web page for 
additional information. EPA notified the community about the 2019 FYR 
by publishing a newspaper announcement in the Minneapolis Star Tribune.
    EPA made copies of the 2014 and 2019 FYR Reports available on the 
internet and at the information repository located at the Minneapolis 
Central Library.
    EPA satisfied public participation activities for this partial 
deletion of the South Minn. Site as required by CERCLA section 113(k), 
42 U.S.C.

[[Page 37121]]

9613(k), and CERCLA section 117, 42 U.S.C. 9617. EPA published a 
document announcing this proposed direct final Partial Deletion and 
announcing the 30-day public comment period in the Minneapolis Star 
Tribune concurrent with publishing this partial deletion in the Federal 
Register.
    Documents in the deletion docket, which EPA relied on for 
recommending the partial deletion of the South Minn. Site from the NPL, 
are available to the public in the information repositories and at 
http://www.regulations.gov. Documents in the Docket include maps which 
identify the South Minn. Site boundary, the contamination detected at 
the South Minn. Site and the nine properties that are not included as 
part of this partial deletion, which are also listed in Table 1 in the 
Docket.

Determination That the Criteria for Partial Deletion Have Been Met

    All properties located within the boundary of the South Minn. Site 
except for the nine properties that still require sampling and/or 
remediation due to access issues meet all of the site completion 
requirements specified in Office of Solid Waste and Emergency Response 
(OSWER) Directive 9320.22, Close-Out Procedures for National Priorities 
List Sites for all media. The properties that are not included in this 
partial deletion are shown generally on the figure labeled South 
Minneapolis Remedial Action and are listed in Table 1 in the Docket and 
include: Three properties that still require remediation (located on 
East 23rd Street, East 21st Street and East 22nd Street); five 
properties that still require sampling [located on East 26th Street, 
12th Avenue South (two properties, one of which is now a community 
garden), 30th Avenue South and 14th Avenue South]; and one partially 
sampled property located on 19th Avenue South. All parks, schools, 
community gardens (except the community garden located on 12th Avenue 
South that is one of the nine properties that still requires sampling 
and/or remediation), playgrounds associated with church schools and the 
cemetery located within the South Minn. Site boundary also meet all of 
the site completion requirements specified in Office of Solid Waste and 
Emergency Response (OSWER) Directive 9320.22, Close-Out Procedures for 
National Priorities List Sites for all media.
    All cleanup actions and remedial action objectives for the 
properties included in this partial deletion as set forth in the ROD 
have been implemented for all pathways of exposure. The selected 
remedial action, remedial action objectives and associated cleanup 
levels for surface and subsurface soil for these properties are 
consistent with EPA policy and guidance. No further Superfund response 
is necessary to protect human health or the environment at the 
residential properties, parks, schools, community gardens, playgrounds 
associated with church schools or the cemetery located within the 
boundary of the South Minn. Site, excluding the nine properties that 
still require sampling and/or remediation.
    Section 300.425(e) of the NCP states that a Superfund site or a 
portion 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 all required response actions have been 
implemented for all residential properties, parks, schools, community 
gardens, playgrounds associated with church schools and the cemetery 
located within the boundary of the South Minn. Site, except for the 
nine properties that still require sampling and/or remediation, and 
that no further response action by EPA is appropriate for these 
properties.

V. Deletion Action

    EPA, with concurrence of the State of Minnesota, through the MDA, 
has determined that all appropriate response actions under CERCLA have 
been completed for all residential properties, parks, schools, 
community gardens, playgrounds associated with church schools and the 
cemetery located within the boundary of the South Minn. Site, excluding 
the nine properties that still require sampling and/or remediation. 
Therefore, EPA is deleting all residential properties, parks, schools, 
community gardens, playgrounds associated with church schools and the 
cemetery located within the boundary within the boundary of the South 
Minn. Site from the NPL except for the nine properties that still 
require sampling and/or remediation.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective September 30, 2019 unless EPA receives adverse comments by 
August 30, 2019. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely notice of withdrawal 
of this direct final Notice of Partial Deletion before its effective 
date and the partial deletion 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: July 19, 2019.
Cheryl Newton,
Acting Regional Administrator, Region 5.

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

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

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

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9675; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., 
p. 193.

0
2. Table 1 of Appendix B to part 300 is amended by revising the entry 
under ``South Minneapolis Residential Soil Contamination'', ``MN'' to 
read as follows:

Appendix B to Part 300--[Amended]

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
               State                          Site name                 City/county              Notes (a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
MN.................................  South Minneapolis            Minneapolis...........  P
                                      Residential Soil
                                      Contamination.
 

[[Page 37122]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(a) * * *
* P = Sites with partial deletion(s).


[FR Doc. 2019-16192 Filed 7-30-19; 8:45 am]
 BILLING CODE 6560-50-P