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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6200-4]

National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Whittaker Superfund Site from

the National Priorities List; request for comments.

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

SUMMARY: The United States Environmental Protection Agency (U.S. EPA)

Region V announces its intent to delete the Whittaker 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 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 January 13, 1999.

ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial

Project Manager, Superfund Division, U.S. EPA, Region V, 77 W. Jackson

Blvd. (SR-6J), Chicago, IL 60604. Comprehensive information on the site

is available at U.S. EPA's Region V office and at the local information

repository located at: Minnesota Pollution Control Agency, 520

Lafayette Rd. North, St. Paul, Minnesota 55155-4194. Requests for

comprehensive copies of documents should be directed formally to the

Region V Docket Office. The address and phone number for the Regional

Docket Officer is Jan Pfundheller (H-7J), U.S. EPA, Region V, 77 W.

Jackson Blvd., Chicago, IL 60604, (312) 353-5821.

FOR FURTHER INFORMATION CONTACT: Gladys Beard, Associate Remedial

Project Manager, Superfund Division (SR-6J), U.S. EPA, Region V, 77 W.

Jackson Blvd., Chicago, IL 60604, (312) 886-7253 or Don de Blasio (P-

19J), Office of Public Affairs, U.S. EPA, Region V, 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. Basis for Intended Site Deletion

I. Introduction

The U.S. Environmental Protection Agency (U.S. EPA) Region V

announces its intent to delete the Whittaker 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, 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

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 document explains the criteria for deleting

sites from the NPL. Section III discusses procedures that U.S. EPA is

using for this action. Section IV discusses the history of this site

and 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 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:

[[Page 68713]]

(i) Responsible parties or other persons have implemented all

appropriate response actions required; or

(ii) All appropriate non-time Critical Removal Actions or 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

Sec. 300.425(e) has been met, U.S. EPA may formally begin deletion

procedures once the State has concurred. This Federal Register

document, 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, if necessary, the

U.S. EPA Regional Office will prepare a Responsiveness Summary to

evaluate and address comments that were received. The public is welcome

to contact the U.S. EPA Region V Office to obtain a copy of this

responsiveness summary, if one is prepared. 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. Basis for Intended Site Deletion

The Whittaker Site covers approximately 7.5 acres and is located in

Hennepin County, Minnesota (5th Congressional District). The Whittaker

Corporation acquired this Site from the American Petroleum Corporation

in 1967. Whittaker operated the facility until 1980. The principal

products produced at the Whittaker Site were industrial coatings and

resins. Automotive product packaging was also a production activity

which took place at this facility. One of the chemicals found in the

storage tanks on-site was propylene glycol, commonly called antifreeze,

which is thought to be one of the products packaged at this facility.

Steel was also distributed from this facility. Chemicals were stored in

approximately 28 aboveground tanks ranging in size from 2,000 to

200,000 gallons and 21 underground tanks ranging in size from 2,500 to

14,000 gallons. The tanks contained propylene glycol, styrene monomer,

di-isobutyl ketone, methyl ethyl ketone, methyl isobutyl ketone,

toluene, xylene, and other chemicals. A variety of wastes were

generated as a result of the processes used at the Whittaker Site.

These wastes included tank bottoms, paint sludge, old paints, off-

specification paints and resins, and cleaning fluids.

On September 24, 1981, Minnesota Pollution Control Agency (MPCA)

requested the Whittaker Corporation and Tool Tech Company to complete a

Preliminary Remedial Investigation Phase I study. The Phase I report

was submitted by Whittaker/Tool Tech Company to MPCA in January 1983.

In response to a request from the MPCA, a groundwater investigation was

initiated by the Whittaker Corporation in early 1983. Monitoring wells

were installed as part of that groundwater investigation. Groundwater

samples were analyzed and found to contain benzene, tetrahydrofuran,

methyl isobutyl ketone, 1,1-dichloroethane, cis and trans 1,2-

dichloroethylene and chlorobenzene, xylene, 1,1,2-trichloroethylene,

cadmium, and chromium. The Whittaker Corporation completed site

specific soil treatment and removal along with tank removal operations

at the Whittaker Site in 1985.

Soil samples were collected/analyzed and ten monitoring wells were

installed at the Site between 1983 and 1985. Specific response actions

included during this period were:

Removal of approximately 600 damaged drums and drum

remnants with off-site disposal at a permitted Resource Conservation

Recovery Act (RCRA) facility.

Excavation of approximately 10,000 cubic yards of visibly

contaminated soil.

Physical separation of resins from soils resulting in the

shipment of 12 truck loads of hazardous waste materials to an out-of-

state permitted RCRA facility.

Off-site incineration of 25 drums of recovered solvents.

Excavation and thermal processing of soils on-site in an

aggregate dryer.

Landfarming of dried soils on-site to volatilize organics.

Shipment of approximately 280 cubic yards of waste

material off-site to a permitted RCRA facility.

Installation of a groundwater pump and treat system using

two air strippers in series.

A groundwater pump and treat system began operations on May 9,1985.

The groundwater clean-up standards for the pump and treat system were

based on the State issued Health Risk Limits (HRLs) for xylene,

ethylbenzene, toluene and benzene.

The MPCA under state authority issued a Request for Response Action

(RFRA) to the Whittaker Corporation on April 23, 1985. In response to

the work completed at the Whittaker Site, the RFRA was amended on

November 26, 1985. The amended RFRA requires Whittaker Corporation to

perform the following actions under state authority:

1. Continue operation of the pump and ground water treatment system

until specified groundwater clean-up levels are reached.

2. Continue monitoring the groundwater at and surrounding the Site

for specific parameters listed in the amended RFRA. Submit written

reports of the data collected to MPCA.

3. Initate a contingency plan in the event the system fails to

achieve the groundwater clean-up levels.

4. Place notations on the property deed to notify purchasers of the

existence of the amended RFRA and any resulting limitation on the use

of the Whittaker Site, and

5. Follow the Site Closure plan spelled out in the RFRA.

The following are major submittals, approvals and actions taken by

the Whittaker Corporation and the MPCA staff pursuant to the RFRA

issued to the Whittaker Corporation on April 23, 1985, and as amended

on November 26, 1985.

A Remedial Investigation Final Report (RI Final Report) was

submitted by the Whittaker Corporation on June 14, 1985 and approved by

the MPCA on July 5, 1985.

An Interim Response Action (IRA) Report was also submitted on June

14, 1985 and approved by the MPCA on July 5, 1985. The IRA report

addressed the types and amounts of contaminated material removed from

the Site; provided the hazardous waste manifests and shipping papers;

described the follow-up restoration performed at the Site and adjacent

property; provided details of areas excavated; described backfill

techniques for backfill placed on the excavation; and provided an

anticipated schedule for future Response Actions at the Site.

On July 30, 1985, the Whittaker Corporation submitted the following

three reports:

1. An Alternatives Report.

2. A Detailed Analysis Report, and

3. A Response Action Implementation Report.

The MPCA approved all three reports on September 4, 1985.

The Alternatives Report evaluated various RA alternatives, the

[[Page 68714]]

effectiveness of each alternative, the feasibility of each alternative

and a recommendation to implement or drop from consideration each

alternative. The Detailed Analysis Report provided a detailed

description of the recommended alternatives; an environmental

assessment for each of the recommended alternatives, and, a conceptual

design of the recommended combination of alternatives. And finally, the

Response Action Implementation Report spelled out the selected remedy,

the pump and treat system, and how that remedy would be installed and

operated. The MPCA approved the Response Action Implementation Report

with the modification of including future monitoring of 1,1-

dichloroethylene and trichloroethylene in monitoring well number 10.

As required by the amended RFRA, the Whittaker Corporation

installed a groundwater pump and treat system which ran from 1985 until

July 11, 1994. The Whittaker Corporation alleged the pump and treat

system was pulling contaminated groundwater into the system from off-

site areas. Based on this assumption, Whittaker Corporation

unilaterally shut the system down. It has not been in operation since

July 11, 1994. The RFRA also required annual groundwater monitoring and

submission of an annual report documenting work completed during the

previous year. Whittaker Corporation has not submitted an annual

monitoring report since 1995, in violation of the RFRA. As a result,

the MPCA requested the Whittaker Corporation to perform additional soil

and groundwater sampling.

The MPCA completed an investigation of two areas immediately

adjacent to the Whittaker Site in 1997, one north and one west of the

Whittaker Site. MPCA's goal was to evaluate whether either of these two

adjacent areas could be causing groundwater to become contaminated and

drawn into the Whittaker Site pump and treat system as the Whittaker

Corporation alleged. MPCA did not find any evidence to support that

theory.

On July 9, 1997, MPCA staff were present during excavations of soil

on adjacent land west of the Whittaker Site. The field investigation

performed adjacent to the Site was performed by 3K Paper Company, the

owner of the property, in response to the MPCA Voluntary Investigation

and Cleanup program. MPCA staff did not observe any substantial soil

contamination during the time the trenching was being done by the 3K

Paper Company consultant.

In 1997, MPCA staff reviewed reports and documentation supplied by

Applied Coatings Technology, Inc., the company owning the property

bordering to the north of the Whittaker Site. Based upon an evaluation

of the data provided in these reports, MPCA determined that the soil or

groundwater contamination from the Applied Coatings Technology, Inc.

site was not likely to be contributing to the groundwater contamination

at the Whittaker Site.

In May 1998, the Whittaker Corporation hired a consultant to

investigate the possibility of any remaining soil contamination at the

Whittaker Site and to investigate the possibility of any ground water

contamination at and downgradient of the Whittaker Site. The field

investigation found that soil and groundwater contamination at and

down-gradient of the Whittaker Site remains, but are at levels which no

longer pose a threat to public health or the environment.

The long-term effectiveness of the final remedy was demonstrated

through the soil and groundwater investigation completed in May 1998.

The data gathered during this investigation confirmed that the soils

and groundwater on-site and downgradient of the Whittaker site do not

pose a threat to public health and the environment for the present and

future land-use classifications assigned to this site.

Long-term operation and maintenance of the Whittaker Site are also

not necessary since the soils and groundwater meet the cleanup

standards identified in the state issued RFRA. Two five-year reviews

have been completed by MPCA and submitted to the U.S. EPA for approval.

The last one was done December 31, 1997. Because it has been determined

that no hazardous substances remain at the Site above health-based

levels, a five-year review will no longer be conducted at this Site.

U.S EPA, with concurrence from the State of Minnesota, has

determined that all appropriate Fund-financed responses under CERCLA at

the Whittaker Superfund Site have been completed, and no further CERCLA

response is appropriate in order to provide protection of human health

and the environment. Therefore, U.S. EPA proposes to delete the Site

from the NPL.

Dated: December 1, 1998

Steve Rothblatt,

Acting Regional Administrator, Region V.

[FR Doc. 98-32889 Filed 12-11-98; 8:45 am]

BILLING CODE 6560-50-P