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

Note: EPA no longer updates this information, but it may be useful as a reference or resource.

[Federal Register: February 19, 2002 (Volume 67, Number 33)]
[Rules and Regulations]
[Page 7279-7283]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19fe02-7]

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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7144-6]

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

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

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

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

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

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

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

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

[[Page 7280]]

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

II. NPL Deletion Criteria

Section 300.425(e) of the NCP provides that releases may be deleted
from the NPL where no further response is appropriate. In making a
determination to delete a release from the NPL, EPA shall consider, in
consultation with the State, whether any of the following criteria have
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. All appropriate Fund-financed (Hazardous Substance Superfund
Response Trust Fund) responses under CERCLA have been implemented, and
no further response action by responsible parties is appropriate; or
iii. The remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
Even if a site or portions of a site are deleted from the NPL,
where hazardous substances, pollutants, or contaminants remain at the
deleted site above levels that allow for unlimited use and unrestricted
exposure, CERCLA section 121(c), 42 U.S.C. 9621(c), requires that a
subsequent review of the site be conducted at least every five years
after the initiation of the remedial action at the deleted site to
ensure that the action remains protective of public health and the
environment. If new information becomes available which indicates a
need for further action, EPA may initiate remedial actions. Whenever
there is a significant release from a site deleted from the NPL, the
deleted site may be restored to the NPL without application of the
hazard ranking system.

III. Deletion Procedures

The following procedures apply to the partial deletion of this
Site:
(1) The EPA consulted with Minnesota on the partial deletion of the
Site from the NPL prior to developing this direct final notice of
deletion.
(2) Minnesota concurred with the partial deletion of the Site from
the NPL.
(3) Concurrently with the publication of this direct final notice
of partial deletion, a notice of intent to partially delete is
published today in the ``Proposed Rules'' section of the Federal
Register, as well as in a major local newspaper of general circulation
at or near the Site, and is being distributed to appropriate federal,
state, and local government officials and other interested parties. The
newspaper notice announces the 30-day public comment period concerning
the notice of intent to partially delete the Site from the NPL.
(4) The EPA placed copies of documents supporting the partial
deletion in the site information repositories identified above.
(5) If adverse comments are received within the 30-day public
comment period on this document EPA will publish a timely notice of
withdrawal of this direct final notice of partial deletion before its
effective date and will prepare a response to comments and continue
with a decision on the partial deletion based on the notice of intent
to partially delete and the comments already received.
Deletion or partial deletion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion or partial deletion of a site from the NPL does not in any way
alter EPA's right to take enforcement actions, as appropriate. The NPL
is designed primarily for informational purposes and to assist EPA
management. Section 300.425(e)(3) of the NCP states that the deletion
of a site from the NPL does not preclude eligibility for future
response actions should future conditions warrant such actions.

IV. Basis for Partial Site Deletion

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

Site Location

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

Site History

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

[[Page 7281]]

Remedial Investigation and Feasibility Study (RI/FS)

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

Record of Decision Findings

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

Characterization of Remaining Risk

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

Response Actions

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

[[Page 7282]]

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

Cleanup Standards

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

Operation and Maintenance

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

Five-Year Review

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

Community Involvement

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

V. Deletion Action

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

List of Subjects in 40 CFR Part 300

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

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

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

PART 300--[AMENDED]

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

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

Appendix B--[Amended]

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

Table 1.--General Superfund Section
----------------------------------------------------------------------------------------------------------------
State Site name City/county (Notes) a
----------------------------------------------------------------------------------------------------------------

* * * * * *
*
MN.................................. Joslyn Manufacturing & Brooklyn Center........ P
Supply Co.

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

[[Page 7283]]

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

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