[Federal Register Volume 63, Number 81 (Tuesday, April 28, 1998)]
[Proposed Rules]
[Pages 23256-23258]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-10978]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6003-7]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Pine Bend Sanitary Landfill Site 
from the National Priorities List; request for comments.

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SUMMARY: The United States Environmental Protection Agency (U.S. EPA) 
Region 5 announces its intent to delete the Pine Bend Sanitary Landfill 
(the Site) from the National Priorities List (NPL) and requests public 
comment on this action. The NPL constitutes Appendix B of 40 CFR part 
300 which is the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), which U.S. EPA promulgated pursuant to Section 
105 of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (CERCLA) as amended. This action is being taken 
by U.S. EPA, because it has been determined that all Fund-financed 
responses under CERCLA have been implemented and U.S. EPA, in 
consultation with the State of Minnesota, has determined that no 
further CERCLA response is appropriate. Moreover, U.S. EPA and the 
State have determined that remedial activities conducted at the Site to 
date have been protective of public health, welfare, and the 
environment.

DATES: Comments concerning the proposed deletion of the Site from the 
NPL may be submitted on or before May 28, 1998.

ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial 
Project Manager, Superfund Division, U.S. EPA, Region 5, 77 W. Jackson 
Blvd. (SR-6J), Chicago, IL 60604. Comprehensive information on the site 
is available at U.S. EPA's Region 5 office

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and at the local information repository located at: Dakota County 
Library System, Wescott Branch, 1340 Wescott Road, Eagan, MN 55123. 
Requests for copies of documents should be directed to the Region 5 
Docket Office. The address and phone number for the Regional Docket 
Officer is Jan Pfundheller (H-7J), U.S. EPA, Region 5, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Gladys Beard (SR-6J), Associate 
Remedial Project Manager, Superfund Division, U.S. EPA, Region 5, 77 W. 
Jackson Blvd., Chicago, IL 60604, (312) 886-7253 or Don Deblasio (P-
19J), Office of Public Affairs, U.S. EPA, Region 5, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 886-4360.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region 5 announces 
its intent to delete the Pine Bend Sanitary Landfill Site from the 
National Priorities List (NPL), which constitutes Appendix B of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
and requests comments on the proposed deletion. The EPA identifies 
sites that appear to present a significant risk to public health, 
welfare or the environment, and maintains the NPL as the list of those 
sites. Sites on the NPL may be the subject of remedial actions financed 
by the Potentially Responsible Parties or the Hazardous Substance 
Superfund Response Trust Fund (Fund). Pursuant to Sec. 300.425(e)(3) of 
the NCP, any site deleted from the NPL remains eligible for Fund-
financed remedial actions if the conditions at the Site warrant such 
action.
    The U.S. EPA will accept comments on this proposal for thirty (30) 
days after publication of this document in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures that EPA is using for 
this action. Section IV discusses the history of this site. Section V 
explains how the Site meets the deletion criteria.
    Deletion of sites from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Furthermore, deletion 
from the NPL does not in any way alter U.S. EPA's right to take 
enforcement actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist in Agency management.

II. NPL Deletion Criteria

    The NCP establishes the criteria that the Agency uses to delete 
Sites from the NPL. In accordance with 40 CFR 300.425(e), sites may be 
deleted from the NPL where no further response is appropriate. In 
making this determination, U.S. 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; or
    (ii) All appropriate Fund-financed responses under CERCLA have been 
implemented, and no further response action by responsible parties is 
appropriate; or
    (iii) The Remedial investigation has shown that the release poses 
no significant threat to public health or the environment and, 
therefore, remedial measures are not appropriate.

III. Deletion Procedures

    Upon determination that at least one of the criteria described in 
40 CFR 300.425(e) has been met, U.S. EPA may formally begin deletion 
procedures once the State has concurred. This Federal Register notice, 
and a concurrent notice in the local newspaper in the vicinity of the 
Site, announce the initiation of a 30-day comment period. The public is 
asked to comment on U.S. EPA's intention to delete the Site from the 
NPL. All critical documents needed to evaluate U.S. EPA's decision are 
included in the information repository and the deletion docket.
    Upon completion of the public comment period, the U.S. EPA Regional 
Office will prepare a Responsiveness Summary to evaluate and address 
each significant comment and any significant new data submitted during 
the comment period. The public is welcome to contact the U.S. EPA 
Region V Office to obtain a copy of this responsiveness summary. If 
U.S. EPA then determines the deletion from the NPL is appropriate, 
final notice of deletion will be published in the Federal Register.

IV. Site Background

    The Pine Bend Sanitary Landfill (PBSL) site is located in northeast 
Dakota County, on the periphery of the Minneapolis/St. Paul 
metropolitan area, in Sections 33, Township 27 North, Range 22 West, 
City of Inver Grove Heights, Minnesota. PBSL encompasses approximately 
255 acres and is an open, operating, solid waste facility which accepts 
municipal solid waste and nonhazardous industrial waste. The PBSL was 
first issued a permit (SW-045) to operate by the Minnesota Pollution 
Control Agency (MPCA) on September 7, 1971. Pine Bend Landfill, Inc., a 
wholly-owned subsidiary of Browning Ferris Industries, is the owner and 
permittee of the PBSL.
    PBSL was added to the NPL on June 10, 1986. It is also on the 
Minnesota Permanent List of Priorities. Its inclusion on the NPL was 
the result of finding Volatile Organic Compounds in ground water 
emanating from the Site. U.S. EPA and MPCA concluded that a plume of 
contamination from the landfill was moving through the surficial 
aquifer and discharging to the Mississippi River through springs in the 
river bottom.
    Crosby American Demolition Landfill (CADL) is located immediately 
north of the PBSL. Because a plume of contamination from the CADL has 
comingled with a plume of contamination from PBSL east of their common 
border, the MPCA has considered the two landfills as one site. U.S. 
EPA, however, has for administrative purposes treated the two landfills 
as two sites, one of which--PBSL--is on the NPL; the other--CADL--is 
not.
    By agreement with U.S. EPA, MPCA has been the lead agency for the 
PBSL site. Under MPCA's direction and oversight, Pine Bend Landfill, 
Inc. conducted a number of response activities, including the 
following: a Remedial Investigation (RI) (1986), additional RI 
activities (1987), a pump test (1989-90), preparation of a Preliminary 
Alternatives Report (1989), interim groundwater monitoring (1988-1994), 
preparation of a final RI report in August 1991 and an MPCA approved 
Detailed Analysis Report in November 1994.
    On September 30, 1991, MPCA and U.S. EPA signed a Record of 
Decision (ROD) for Operable Unit 1--the first phase of a permanent 
remedy for the Site. The ROD called for the extension of the existing 
City of Inver Grove Heights municipal water supply, the connection of 
impacted or potentially impacted residents to the municipal water 
supply, and the permanent sealing of residential water supply wells in 
the impacted area. The work under this operable unit was completed in 
November 1994.

V. Basis for Site Deletion Proposal

    In September, 1995, MPCA and U.S. EPA signed a ROD calling for no 
further action at the Site. There are two reasons

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for the no-action decision. First, further action to control the source 
of contamination (installation of a landfill cover, clay liner, 
leachate collection system, etc.) and to address contaminated ground 
water would be conducted under the facility's operating permit, such 
that no further action under CERCLA would be necessary. Second, 
completion of Operable Unit 1, under which residents in the area were 
connected to a municipal water supply, reduced the risk posed by 
contaminated ground water.
    U.S. EPA is now proposing to delete PBSL from the NPL for one of 
the same reasons that it signed a no-action ROD in 1995: work that 
might otherwise be required under CERCLA will be accomplished under the 
facility's RCRA permit. The Site is an active Treatment, Storage, and 
Disposal facility, owned and operated by Browning Ferris Industries 
(``BFI''). BFI clearly has the resources to conduct the work required. 
In accordance with the operating permit issued by MPCA, BFI placed a 
final cover on portions of the landfill that are filled to final 
elevation, installed a combustible gas collection system, installed a 
clay liner and leachate collection system in an expansion area, and 
installed a surface drainage control system. Under the terms of an 
Amended Order issued by MPCA on October 23, 1990, BFI will monitor 
ground water in accordance with the Minnesota Solid Waste Landfill 
Compliance Program.
    A five-year review pursuant to OSWER Directive 9355.7-02 
``Structure and Components of Five-Year Reviews'') will be conducted at 
the Site. The Five-Year review is scheduled for December 1999.
    EPA, with concurrence from the State of Minnesota, has determined 
that all appropriate Fund-financed responses under CERCLA at the Pine 
Bend Sanitary Site have been completed, and no further CERCLA response 
actions by responsible parties are appropriate in order to provide 
protection of human health and environment. Therefore, EPA proposes to 
delete the Site from the NPL.

    Dated: April 7, 1998.
Michelle D. Jordan,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 98-10978 Filed 4-27-98; 8:45 am]
BILLING CODE 6560-50-P