National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Naval Industrial Reserve Ordnance Plant (NIROP) Superfund Site, 36658-36662 [2014-15255]
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations
Property
Unit
Type 2–D
Reference
procedure 1
(iv) Gravity ........................................................................................................
(v) Total sulfur ...................................................................................................
(vi) Hydrocarbon composition: Aromatics, minimum (Remainder shall be
paraffins, naphthenes, and olefins).
(vii) Flashpoint, min ...........................................................................................
(viii) Viscosity ....................................................................................................
°API ..............................
ppm ..............................
pct ................................
32–37 ...........................
7–15 .............................
27 .................................
ASTM D4052
ASTM D2622
ASTM D5186
°F (°C) ..........................
centistokes ...................
130 (54.4) .....................
2.0–3.2 .........................
ASTM D93
ASTM D445
procedures are incorporated by reference in § 86.1.
§ 1065.845 Response factor determination.
[Corrected]
On page 23813 make the following
correction:
The table heading for the table titled
‘‘Table 1 of § 1065.845’’ is corrected to
read as set forth below.
■
[FR Doc. C1–2014–06954 Filed 6–27–14; 8:45 am]
BILLING CODE 1505–01–D
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0007; FRL–9912–
81–Region 5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Naval Industrial
Reserve Ordnance Plant (NIROP)
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
EPA Region 5 is publishing a
direct final Notice of Deletion of
Operable Unit 2 (OU2) of the Naval
Industrial Reserve Ordnance Plant
(NIROP) Superfund Site (Site), located
in Fridley, Minnesota, from the National
Priorities List (NPL). The NPL,
promulgated pursuant to section 105 of
the Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
final partial deletion is being published
by EPA with the concurrence of the
State of Minnesota, through the
Minnesota Pollution Control Agency
(MPCA), because EPA has determined
that all appropriate response actions
under CERCLA at the OU, identified
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SUMMARY:
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Table 1 of § 1065.845—Default Values
for THC FID Response Factor Relative
to Propane on a C1-Equivalent Basis
The equation in the first column is
corrected to read as set forth below.
§ 1066.845 AC17 air conditioning
efficiency test procedure. [Corrected]
On page 23881 make the following
correction:
■
herein, other than operation,
maintenance, and five-year reviews,
have been completed. However, this
partial deletion does not preclude future
actions under Superfund.
EPA divided the NIROP Site into
three portions, known as OUs, for ease
of addressing its contaminant issues.
This partial deletion pertains to OU2,
which includes all the unsaturated soils
within the legal boundaries of the
NIROP Superfund Site exclusive of
unsaturated soils underlying the former
Plating Shop Area (see Site Map in the
SEMS ID 446572 document listed in the
Deletion Docket for OU2). The following
areas will remain on the NPL and are
not being considered for deletion as part
of this action: OU1 and OU3. OU1
includes the contaminated groundwater
within and originating from the NIROP
Superfund Site. OU3 includes all the
unsaturated soils underlying the former
Plating Shop Area.
DATES: This direct final partial deletion
is effective August 29, 2014 unless EPA
receives adverse comments by July 30,
2014. If adverse comments are received,
EPA will publish a timely withdrawal of
the direct final partial deletion in the
Federal Register informing the public
that the deletion will not take effect.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1989–0007, by one of the
following methods:
• https://www.regulations.gov: Follow
on-line instructions for submitting
comments.
• Email: Sheila Desai, Remedial
Project Manager, at desai.sheila@
epa.gov or Teresa Jones, Community
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Involvement Coordinator, at
jones.teresa@epa.gov.
• Fax: Gladys Beard at (312) 697–
2077.
• Mail: Sheila Desai, Remedial Project
Manager, Environmental Protection
Agency (SR–6J), 77 West Jackson
Boulevard, Chicago, IL 60604, (312)
353–4150 or Teresa Jones, Community
Involvement Coordinator,
Environmental Protection Agency
(SI–7J), 77 West Jackson Boulevard,
Chicago, IL 60604, (312) 886–0725 or
toll free at 1-(800) 621–8431.
• Hand delivery: Teresa Jones,
Community Involvement Coordinator,
Environmental Protection Agency
(SI–7J), 77 West Jackson Boulevard,
Chicago, IL 60604. Such deliveries are
only accepted during the docket’s
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
normal business hours are Monday
through Friday, 8:30 a.m. to 4:30 p.m.
CST, excluding federal holidays.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1989–
0007. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at 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
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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through 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 the
hard copy. Publicly available docket
materials are available either
electronically at https://
www.regulations.gov or in hard copy at:
• Environmental Protection Agency
Region 5, 77 West Jackson Boulevard,
Chicago, IL 60604, Phone: (312) 353–
1063, Hours: Monday through Friday,
8:30 a.m. to 4:30 p.m. CST, excluding
federal holidays.
• The Navy has set up an online
repository for the NIROP Superfund Site
at the link below. Please click on the
Administrative Records link to see all
the documents. https://go.usa.gov/DyNY
• The Minnesota Pollution Control
Agency also has an information
repository for the NIROP Superfund Site
at their offices: 520 Lafayette Road, St.
Paul, MN 55155. Call 651–296–6300 or
toll-free at 800–657–3864 to schedule an
appointment.
FOR FURTHER INFORMATION CONTACT:
Sheila Desai, Remedial Project Manager,
Environmental Protection Agency (SR–
6J), 77 West Jackson Boulevard,
Chicago, IL 60604, (312) 353–4150,
desai.sheila@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
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IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA divided the NIROP Superfund
Site into three portions, known as OUs,
for ease of addressing its contaminant
issues. EPA Region 5 is publishing this
Direct Final Notice of Partial Deletion of
OU2 of the NIROP Superfund Site from
the National Priorities List (NPL) and
requests public comments on this
action. OU2 includes all the unsaturated
soils within the legal boundaries of the
NIROP Superfund Site exclusive of
unsaturated soils underlying the former
Plating Shop Area (see Site Map in the
SEMS ID 446572 document listed in the
Deletion Docket for OU2). The following
areas will remain on the NPL and are
not being considered for deletion as part
of this action: OU1 and OU3. OU1
includes the contaminated groundwater
within and originating from the NIROP
Superfund Site. OU3 includes all the
unsaturated soils underlying the former
Plating Shop Area. This partial deletion
pertains to soil in OU2. The NPL
constitutes Appendix B of 40 CFR part
300, which is the NCP, and which EPA
promulgated pursuant to section 105 of
CERCLA, as amended. EPA maintains
the NPL as the list of sites that appear
to present a significant risk to public
health, welfare, or the environment.
Sites on the NPL may be the subject of
remedial actions financed by the
Hazardous Substance Superfund (Fund).
This partial deletion of the NIROP
Superfund Site is proposed in
accordance with 40 CFR 300.425(e) and
is consistent with the Notice of Policy
Change: Partial Deletion of Sites Listed
on the National Priorities List, (60 FR
55466) on November 1, 1995. As
described in 300.425(e)(3) of the NCP,
sites deleted from the NPL remain
eligible for Fund-financed remedial
actions if future conditions warrant
such actions.
Because EPA considers this action to
be noncontroversial and routine, this
action will be effective August 29, 2014
unless EPA receives adverse comments
by July 30, 2014. Along with this Direct
Final Notice of Partial Deletion, EPA is
co-publishing a Notice of Intent for
Partial Deletion in the ‘‘Proposed Rules’’
section of the Federal Register. If
adverse comments are received within
the 30-day public comment period on
this partial deletion action, EPA will
publish a timely withdrawal of this
Direct Final Notice of Partial Deletion
before the effective date of the partial
deletion, and the deletion will not take
effect. EPA will, as appropriate, prepare
a response to comments and continue
with the deletion process on the basis of
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36659
the Notice of Intent for Partial Deletion
and the comments already received.
There will be no additional opportunity
to comment.
Section II of this document explains
the criteria for deleting sites from the
NPL. Section III discusses procedures
that EPA is using for this action. Section
IV discusses OU2 of the NIROP
Superfund Site and demonstrates how
the deletion criteria are met for this OU.
Section V discusses EPA’s action to
partially delete OU2 from the NPL
unless adverse comments are received
during the public comment period.
II. NPL Deletion Criteria
The NCP establishes the criteria that
EPA uses to delete sites from the NPL.
In accordance with 40 CFR 300.425(e),
sites may be deleted from the NPL
where no further response is
appropriate. In making such a
determination pursuant to 40 CFR
300.425(e), EPA will consider, in
consultation with the state, whether any
of the following criteria have been met:
1. Responsible parties or other
persons have implemented all
appropriate response actions required;
2. All appropriate Fund-financed
response under CERCLA has been
implemented, and no further response
action by responsible parties is
appropriate; or
3. The remedial investigation has
shown that the release poses no
significant threat to public health or the
environment and, therefore, the taking
of remedial measures is not appropriate.
Pursuant to CERCLA section 121(c)
and the NCP, EPA conducts five-year
reviews to ensure the continued
protectiveness of remedial actions
where hazardous substances, pollutants,
or contaminants remain at a site above
levels that allow for unlimited use and
unrestricted exposure. EPA conducts
such five-year reviews even if a site is
deleted from the NPL. EPA may initiate
further action to ensure continued
protectiveness at a deleted site if new
information becomes available that
indicates it is appropriate. Whenever
there is a significant release from a site
deleted from the NPL, the deleted site
may be restored to the NPL without
application of the hazard ranking
system.
III. Deletion Procedures
The following procedures apply to
deletion of OU2 of the NIROP
Superfund Site:
1. EPA consulted with the State of
Minnesota prior to developing this
Direct Final Notice of Partial Deletion
and the Notice of Intent for Partial
Deletion co-published today in the
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‘‘Proposed Rules’’ section of the Federal
Register.
2. EPA has provided the State 30
working days for review of this direct
final Notice of Partial Deletion and the
parallel Notice of Intent for Partial
Deletion prior to their publication
today, and the State, through the MPCA,
has concurred on the partial deletion of
the Site from the NPL.
3. Concurrently with the publication
of this direct final Notice of Partial
Deletion, a notice of the availability of
the parallel Notice of Intent for Partial
Deletion is being published in the Sun
Focus, located in Fridley, Minnesota.
The newspaper notice announces the
30-day public comment period
concerning the Notice of Intent for
Partial Deletion of the Site from the
NPL.
4. EPA placed copies of documents
supporting the proposed partial deletion
in the deletion docket and made these
items available for public inspection
and copying at the Site information
repositories, i.e., at EPA’s offices in
Chicago and online.
5. If adverse comments are received
within the 30-day public comment
period on this partial deletion action,
EPA will publish a timely notice of
withdrawal of this direct final Notice of
Partial Deletion before its effective date
and will prepare a response to
comments. EPA may continue with the
deletion process on the basis of the
Notice of Intent for Partial Deletion and
the comments already received.
Deletion of a portion of a site from the
NPL does not itself create, alter, or
revoke any individual’s rights or
obligations. Deletion of a portion of a
site from the NPL does not in any way
alter EPA’s right to take enforcement
actions, as appropriate. The NPL is
designed primarily for informational
purposes and to assist EPA
management. Section 300.425(e)(3) of
the NCP states that the deletion of a site
from the NPL does not preclude
eligibility for future response actions,
should future conditions warrant such
actions.
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IV. Basis for Site Deletion
The following information provides
EPA’s rationale for deleting OU2 of the
NIROP Superfund Site from the NPL.
EPA believes it is appropriate to delete
OU2 of the NIROP Superfund Site
because all appropriate response actions
under CERCLA, other than operation,
maintenance, and five-year reviews,
have been completed at OU2 and it is
ready for redevelopment as a
commercial and/or industrial property.
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Site Background and History
The NIROP Superfund Site (CERCLIS
ID MN3170022914) is located in the
northern portion of the Minneapolis/St.
Paul Metropolitan Area in an industrial/
commercial area within the limits of
Fridley, Minnesota. The Site is not
adjacent to any residential areas and is
not located in an environmentally
sensitive area nor near any known
environmentally sensitive areas.
The Site is approximately 82.6 acres,
most of which are covered with
buildings or pavement. The U.S. Navy
and/or its contractors produced
advanced weapons systems at the
facility beginning in 1940. The former
NIROP facility is currently owned by
Fridley Land, LLC which plans to
redevelop the property for commercial
and/or industrial use.
During the early 1970s, paint sludges
and chlorinated solvents generated from
ordnance manufacturing processes were
disposed of in pits and trenches in the
North 40 area which is the undeveloped
area of the Site immediately north of the
building. Contaminant sources in the
North 40 area and beneath the NIROP
building were not identified until
December 1980, when MPCA received
information concerning historical waste
disposal practices at NIROP. In 1981,
trichloroethylene (TCE) was discovered
in on-site groundwater wells and in the
City of Minneapolis’ drinking water
treatment plant intake pipe, located in
the Mississippi River less than 1 mile
downstream from the Site. In 1983,
investigations identified pits and
trenches in the North 40 area of the
NIROP Site where drummed wastes had
been disposed of. From November 1983
to March 1984, approximately 1,200
cubic yards of contaminated soil and 43
(55-gallon) drums were excavated and
disposed of off-site.
The NIROP Superfund Site was
proposed for inclusion on the NPL in
July 1989 (54 FR 29820). The Site was
placed on the NPL in November 1989
(54 FR 48184).
In March 1991, the Navy, EPA, and
MPCA signed a Federal Facilities
Agreement (FFA). Per the FFA, one
purpose of that agreement was to
’’Identify alternatives for Remedial
Action for Operable Units’’ which are
appropriate for the Site prior to the
implementation of Final Remedial
Actions for the Site.
Remedial Investigation and Feasibility
Study (RI/FS)
Based on the results of a geophysical
investigation conducted in 1995, 23 (55gallon) drums and 12 smaller containers
were found in the North 40 area of the
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NIROP property. These drums were
excavated during a removal action
conducted from April to June of 1996.
In 1996, during a sampling event of OU2
soils, in the vicinity of a previously
unexcavated area near the North 40
area, free liquids were encountered
which resulted in an additional removal
action. A total of 31 (55-gallon) drums
were discovered and subsequently
sampled and removed for off-site
disposal. In addition, several empty and
crushed drums were also discovered
and removed with other contaminated
debris. Volatile organic compound
contamination was reported in
subsurface soils.
A risk assessment for OU2 was
conducted in 1996. In a revision of that
risk assessment, it was determined that
in one sub-area of OU2, risk was
inordinately influenced by one single
data point. Therefore, during the
summer of 2002, the Navy conducted a
time-critical removal action to remove
approximately 35 cubic yards of soil
around this OU2 subarea with an
elevated contaminant concentration.
This removal was completed in June
2002, and addressed the last know
location where there were unacceptable
contaminant risks in near surface soils.
Record of Decision (ROD) Findings
The Remedial Action Objectives
(RAOs) were (1) to prevent unacceptable
risks due to residential or other
unrestricted exposures to contaminated
soils at the site and (2) to prevent
unacceptable risks to industrial or
construction workers due to exposures
to contaminated soils at the site. The
ROD for OU2 was jointly signed in
September 2003 by the Navy, EPA and
MPCA.
This is the only ROD for this site
applicable to this partial deletion.
ROD for OU2 (September 2003)
The Selected Remedy to address
unacceptable risk at OU2 of the NIROP
Site is Land Use Controls (LUCs). The
ROD called for LUCs to be maintained
until EPA and MPCA determine that the
concentrations of hazardous substances
in the soils have been reduced to levels
that allow for a less restrictive use of the
Site.
The LUC Performance Objectives for
OU2 are:
• To restrict the use of the property
to industrial or restricted commercial
use, until EPA and MPCA determine
that concentrations of hazardous
substances in the soils have been
reduced to levels that allow for less
restrictive use.
• To prohibit the disturbance of soil
deeper than 3 feet below ground surface
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in those Designated Restricted Areas,
which include Area 3 and Area 4 of
OU2 (see Site Map in the SEMS ID
446572 document listed in the Deletion
Docket for OU2) or the removal of any
soils excavated in those areas from the
facility without prior written approval
of EPA and MPCA.
The property will be restricted to only
industrial or restricted commercial uses.
Industrial uses generally include, but
are not limited to, the following types:
public utility services, rail and freight
services, raw storage facilities, refined
material storage facilities, and
manufacturing facilities engaged in the
mechanical or chemical transformation
of materials or substances into new
products. Restricted commercial use is
defined as use where access or
occupancy by non-employees is less
frequent or is restricted, including a
wide variety of uses, ranging from nonpublic access and both outdoor and
indoor activities (e.g., large scale
warehouse operations), to limited public
access and indoor worker activities (e.g.,
shopping mall, retail outlet, bank,
dentist office). Strictly prohibited uses
under either category shall include any
child care or pre-school facility,
playground, any form of housing,
churches, social centers, hospitals, elder
care facilities or nursing homes.
Remedial Design (RD)
In August 2004, EPA concurred with
the Navy’s March 2004 Land Use
Control Remedial Design (LUCRD) for
OU2. The LUCRD specifies how the
OU2 remedy will be implemented,
maintained, and enforced should any
breach of the remedy occur. It details
the Navy’s continuing responsibilities
with respect to OU2, including the
following: ensuring annual on-site
physical inspections of OU2 are
performed to confirm continued
compliance with all LUC Performance
Objectives; ensuring annual LUC
Compliance Certifications are provided
to EPA and MPCA that explain any
deficiency, if found; conducting fiveyear reviews of the remedy as required
by CERCLA and the NCP; notifying EPA
and MPCA prior to any planned
property conveyance; providing EPA
and MPCA the opportunity to review
the text of intended deed provisions;
and notifying EPA and MPCA should
site activities interfere with LUC
effectiveness.
Response Activities/LUCs
The LUCs were incorporated into a
Quitclaim Deed that was implemented
on June 17, 2004, and executed by the
property owner, the United States, and
MPCA, and that acts as an
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environmental covenant describing the
property restrictions. These deed
restrictions run with the land such that
any subsequent owner is bound by the
same restrictions. The LUCs are to
remain in place until EPA and MPCA
determine that the concentrations of
hazardous substances in the soils have
been reduced to levels that allow for a
less restrictive use.
Cleanup Goals
There is no cleanup associated with
the remedy for OU2. Surface soils that
posed unacceptable commercial/
industrial risk levels were excavated
and disposed of off-site during removal
actions prior to implementation of the
LUCs at the Site.
Operation and Maintenance (O&M)
The Navy, as the lead agency, is
responsible for conducting routine
inspections to ensure that LUCs are
maintained and enforced. The Navy is
responsible for reporting the results of
the inspections and any breach of the
LUCs to the MPCA and EPA.
Five-Year Review (FYR)
The Navy conducted a FYR at the Site
in October 2013. The 2013 FYR
concluded that the remedy at NIROP for
OU2 is protective of human health and
the environment. The FYR calls for the
Navy to continue long-term stewardship
to ensure that the LUCs are maintained.
Future Redevelopment
Plans are currently underway to
redevelop the NIROP Site into a
commercial office/warehouse complex.
This planned redevelopment is
consistent with the existing Land Use
designation for the site. The three
parties to the FFA concur that the
delisting of OU2 from the NPL would
facilitate this redevelopment effort and
allow OU2 to become eligible for State
and Federal Brownfields funding.
Superfund NPL site property is not
eligible for Federal Brownfields
funding.
A developer has enrolled the NIROP
site and certain adjacent land into
MPCA’s Voluntary Investigation and
Cleanup (VIC) program. In conjunction
with the redevelopment of the NIROP
Superfund Site, any additional
investigations will be conducted under
the oversight and direction of MPCA’s
VIC program.
Community Involvement
Public participation activities have
been satisfied as required in CERCLA
section 113(k), 42 U.S.C. 9613(k), and
CERCLA section 117, 42 U.S.C. 9617.
Documents in the deletion docket,
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36661
which EPA relied on for
recommendation of the partial deletion
of this Site from the NPL, are available
to the public in the information
repositories and at www.regulations.gov.
Documents in the docket include maps
which identify the specific parcels of
land that are included in this document
(i.e., OU2).
Determination That the Site Meets the
Criteria for Deletion in the NCP
The NCP (40 CFR 300.425(e)) states
that portions of a site may be deleted
from the NPL when no further response
action is appropriate. EPA, in
consultation with the State of
Minnesota, has determined that no
further action is appropriate.
V. Deletion Action
EPA, with concurrence of the State of
Minnesota through the MPCA, has
determined that all appropriate
response actions under CERCLA, other
than operation, maintenance, and fiveyear reviews, have been completed.
Therefore, EPA is deleting OU2 of the
NIROP Superfund Site from the NPL.
Because EPA considers this action to
be noncontroversial and routine, EPA is
proceeding without prior publication.
This action will be effective August 29,
2014 unless EPA receives adverse
comments by July 30, 2014. If adverse
comments are received within the 30day public comment period, EPA will
publish a timely withdrawal of this
direct final notice of partial deletion
before the effective date of the partial
deletion and it will not take effect. EPA
will prepare a response to comments
and continue with the deletion process
on the basis of the notice of intent to
partially delete and the comments
already received. There will be no
additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Dated: June 12, 2014.
Susan Hedman,
Regional Administrator Region 5.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
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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]
Ordnance Plant,’’ ‘‘Fridley’’ to read as
follows:
2. Table 2 of Appendix B to part 300
is amended by revising the entry for
‘‘MN,’’ ‘‘Naval Industrial Reserve
■
Appendix B to Part 300—National
Priorities List
*
*
*
*
*
TABLE 2—FEDERAL FACILITIES SECTION
St
Site name
*
*
*
MN ..................................................................................
*
*
*
*
*
*
Notes:
(a) A = Based on issuance of health
advisory by Agency for Toxic
Substances and Disease Registry (if
scored, HRS score need not be greater
than or equal to 28.50).
*
*
*
*
*
P = Sites with partial deletion(s).
*
*
*
*
*
Sonia Santillan at 202–912–7123, in the
Solid Minerals Group as to program
matters or the substance of the final rule
or Jennifer Noe in the Division of
Regulatory Affairs at 202–912–7442 for
information relating to the rulemaking
process generally. Persons who use a
telecommunications device for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–
8339, 24 hours a day, seven days a week
to contact the above individuals.
SUPPLEMENTARY INFORMATION:
BILLING CODE 6560–50–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
43 CFR Part 3830
I. Background
II. Discussion of the Final Rule
III. Procedural Matters
[LLWO320000–L19900000.PP0000]
RIN 1004–AE35
Required Fees for Mining Claims or
Sites
Bureau of Land Management,
Interior.
ACTION: Final rule.
AGENCY:
The Bureau of Land
Management (BLM) is issuing this final
rule to make statutorily authorized
adjustments to its location and
maintenance fees for unpatented mining
claims, mill sites, and tunnel sites.
These adjustments reflect changes in the
Consumer Price Index (CPI), which is
published by the Bureau of Labor
Statistics.
SUMMARY:
The final rule is effective June
30, 2014.
ADDRESSES: You may submit inquiries
to: Mail: Director (630), Bureau of Land
Management, U.S. Department of the
Interior, 1849 C St. NW., Washington,
DC 20240, Attention: 1004–AE27.
Personal or messenger delivery: U.S.
Department of the Interior, Bureau of
Land Management, 20 M St. SE., Room
2134LM, Attention: Regulatory Affairs,
wreier-aviles on DSK5TPTVN1PROD with RULES
14:57 Jun 27, 2014
Jkt 232001
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FOR FURTHER INFORMATION CONTACT:
[FR Doc. 2014–15255 Filed 6–27–14; 8:45 am]
DATES:
*
Washington, DC 20003. Federal
eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions at this Web site.
*
VerDate Mar<15>2010
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Naval Industrial Reserve Ordnance Plant ..................... Fridley
*
I. Background
The Mining Law of 1872 allows
individuals and corporations to
prospect for mineral deposits in public
lands, and stake (or ‘‘locate’’) a claim on
the deposits discovered. Historically,
annual assessment work and related
filings have been required by statute in
order to maintain an unpatented mining
claim or site. (30 U.S.C. 28–28e; 43
U.S.C. 1744(a) and (c)).
Beginning in fiscal year 1993, mining
claimants have been required to pay an
annual maintenance fee in lieu of
performing annual assessment work and
making annual filings. Mining claimants
locating new claims or sites must also
pay a one-time location fee. (30 U.S.C.
28f–28l).
This rule implements 30 U.S.C. 28j(c),
which authorizes adjustments to the
location and annual maintenance fees
‘‘to reflect changes in the Consumer
Price Index published by the Bureau of
Labor Statistics of the Department of
Labor every 5 years after August 10,
1993, or more frequently if the Secretary
determines an adjustment to be
reasonable.’’ Section 28j(c) also requires
PO 00000
Frm 00034
Fmt 4700
Sfmt 4700
(Notes) (a)
City/County
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that mining claimants be provided
‘‘notice of any adjustment made under
this subsection not later than July 1 of
any year in which the adjustment is
made,’’ and that any fee adjustment
‘‘shall begin to apply the first
assessment year which begins after
adjustment is made.’’
As enacted in 1993, the one-time
location fee was $25, and the annual
maintenance fee was $100 per mining
claim or site. In 2004, the BLM
increased the amount of the location
and maintenance fees to $30 and $125
respectively, based on the change in the
CPI from September 1, 1993, to
December 31, 2003, 69 FR 40294 (July
1, 2004). Then in 2009, the BLM
increased the amount of the location
and maintenance fees to $34 and $140,
respectively, based on the change in the
CPI from December 31, 2003, to
December 31, 2008, 74 FR 30959 (June
29, 2009). The BLM has promulgated
other rules that have affected other
aspects of the table of charges and fees
at 43 CFR 3830.21, the regulation that is
amended by this rule. For example, on
July 27, 2012, the BLM published an
interim final rule, 77 FR 44155 (July 27,
2012), that amended 43 CFR 3830.21
pursuant to a statutory amendment
enacted in December of 2011, which
changed the way the maintenance fee is
calculated for unpatented placer mining
claims.
The adjustments made in this rule are
based upon the change in the CPI from
December 31, 2008, to December 31,
2013, as reported by the Bureau of Labor
Statistics in the CPI Detailed Report,
Table 24C, Historical Chained
Consumer Price Index for All Urban
Consumers (C–CP–U): U.S. city average,
all items (https://www.bls.gov/cpi/
cpid1312.pdf). The calculated change is
9.96 percent from December 31, 2008,
through December 31, 2013. A
calculated value for the fees was
obtained by inflating the location and
maintenance fees established in the
E:\FR\FM\30JNR1.SGM
30JNR1
Agencies
[Federal Register Volume 79, Number 125 (Monday, June 30, 2014)]
[Rules and Regulations]
[Pages 36658-36662]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-15255]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1989-0007; FRL-9912-81-Region 5]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Naval Industrial
Reserve Ordnance Plant (NIROP) Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA Region 5 is publishing a direct final Notice of Deletion
of Operable Unit 2 (OU2) of the Naval Industrial Reserve Ordnance Plant
(NIROP) Superfund Site (Site), located in Fridley, Minnesota, from the
National Priorities List (NPL). The NPL, promulgated pursuant to
section 105 of the Comprehensive Environmental Response, Compensation,
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final partial deletion is being published by EPA with the
concurrence of the State of Minnesota, through the Minnesota Pollution
Control Agency (MPCA), because EPA has determined that all appropriate
response actions under CERCLA at the OU, identified herein, other than
operation, maintenance, and five-year reviews, have been completed.
However, this partial deletion does not preclude future actions under
Superfund.
EPA divided the NIROP Site into three portions, known as OUs, for
ease of addressing its contaminant issues. This partial deletion
pertains to OU2, which includes all the unsaturated soils within the
legal boundaries of the NIROP Superfund Site exclusive of unsaturated
soils underlying the former Plating Shop Area (see Site Map in the SEMS
ID 446572 document listed in the Deletion Docket for OU2). The
following areas will remain on the NPL and are not being considered for
deletion as part of this action: OU1 and OU3. OU1 includes the
contaminated groundwater within and originating from the NIROP
Superfund Site. OU3 includes all the unsaturated soils underlying the
former Plating Shop Area.
DATES: This direct final partial deletion is effective August 29, 2014
unless EPA receives adverse comments by July 30, 2014. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final partial deletion in the Federal Register informing the
public that the deletion will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1989-0007, by one of the following methods:
https://www.regulations.gov: Follow on-line instructions
for submitting comments.
Email: Sheila Desai, Remedial Project Manager, at
desai.sheila@epa.gov or Teresa Jones, Community Involvement
Coordinator, at jones.teresa@epa.gov.
Fax: Gladys Beard at (312) 697-2077.
Mail: Sheila Desai, Remedial Project Manager,
Environmental Protection Agency (SR-6J), 77 West Jackson Boulevard,
Chicago, IL 60604, (312) 353-4150 or Teresa Jones, Community
Involvement Coordinator, Environmental Protection Agency (SI-7J), 77
West Jackson Boulevard, Chicago, IL 60604, (312) 886-0725 or toll free
at 1-(800) 621-8431.
Hand delivery: Teresa Jones, Community Involvement
Coordinator, Environmental Protection Agency (SI-7J), 77 West Jackson
Boulevard, Chicago, IL 60604. Such deliveries are only accepted during
the docket's normal hours of operation, and special arrangements should
be made for deliveries of boxed information. The normal business hours
are Monday through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding
federal holidays.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1989-0007. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
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
[[Page 36659]]
https://www.regulations.gov Web site is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an email
comment directly to EPA without going through 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 the hard
copy. Publicly available docket materials are available either
electronically at https://www.regulations.gov or in hard copy at:
Environmental Protection Agency Region 5, 77 West Jackson
Boulevard, Chicago, IL 60604, Phone: (312) 353-1063, Hours: Monday
through Friday, 8:30 a.m. to 4:30 p.m. CST, excluding federal holidays.
The Navy has set up an online repository for the NIROP
Superfund Site at the link below. Please click on the Administrative
Records link to see all the documents. https://go.usa.gov/DyNY
The Minnesota Pollution Control Agency also has an
information repository for the NIROP Superfund Site at their offices:
520 Lafayette Road, St. Paul, MN 55155. Call 651-296-6300 or toll-free
at 800-657-3864 to schedule an appointment.
FOR FURTHER INFORMATION CONTACT: Sheila Desai, Remedial Project
Manager, Environmental Protection Agency (SR-6J), 77 West Jackson
Boulevard, Chicago, IL 60604, (312) 353-4150, desai.sheila@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA divided the NIROP Superfund Site into three portions, known as
OUs, for ease of addressing its contaminant issues. EPA Region 5 is
publishing this Direct Final Notice of Partial Deletion of OU2 of the
NIROP Superfund Site from the National Priorities List (NPL) and
requests public comments on this action. OU2 includes all the
unsaturated soils within the legal boundaries of the NIROP Superfund
Site exclusive of unsaturated soils underlying the former Plating Shop
Area (see Site Map in the SEMS ID 446572 document listed in the
Deletion Docket for OU2). The following areas will remain on the NPL
and are not being considered for deletion as part of this action: OU1
and OU3. OU1 includes the contaminated groundwater within and
originating from the NIROP Superfund Site. OU3 includes all the
unsaturated soils underlying the former Plating Shop Area. This partial
deletion pertains to soil in OU2. The NPL constitutes Appendix B of 40
CFR part 300, which is the NCP, and which EPA promulgated pursuant to
section 105 of CERCLA, as amended. EPA maintains the NPL as the list of
sites that appear to present a significant risk to public health,
welfare, or the environment. Sites on the NPL may be the subject of
remedial actions financed by the Hazardous Substance Superfund (Fund).
This partial deletion of the NIROP Superfund Site is proposed in
accordance with 40 CFR 300.425(e) and is consistent with the Notice of
Policy Change: Partial Deletion of Sites Listed on the National
Priorities List, (60 FR 55466) on November 1, 1995. As described in
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible
for Fund-financed remedial actions if future conditions warrant such
actions.
Because EPA considers this action to be noncontroversial and
routine, this action will be effective August 29, 2014 unless EPA
receives adverse comments by July 30, 2014. Along with this Direct
Final Notice of Partial Deletion, EPA is co-publishing a Notice of
Intent for Partial Deletion in the ``Proposed Rules'' section of the
Federal Register. If adverse comments are received within the 30-day
public comment period on this partial deletion action, EPA will publish
a timely withdrawal of this Direct Final Notice of Partial Deletion
before the effective date of the partial deletion, and the deletion
will not take effect. EPA will, as appropriate, prepare a response to
comments and continue with the deletion process on the basis of the
Notice of Intent for Partial Deletion and the comments already
received. There will be no additional opportunity to comment.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses OU2 of the NIROP Superfund Site
and demonstrates how the deletion criteria are met for this OU. Section
V discusses EPA's action to partially delete OU2 from the NPL unless
adverse comments are received during the public comment period.
II. NPL Deletion Criteria
The NCP establishes the criteria that EPA uses to delete sites from
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted
from the NPL where no further response is appropriate. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the state, whether any of the following criteria have
been met:
1. Responsible parties or other persons have implemented all
appropriate response actions required;
2. All appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
3. The remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be
restored to the NPL without application of the hazard ranking system.
III. Deletion Procedures
The following procedures apply to deletion of OU2 of the NIROP
Superfund Site:
1. EPA consulted with the State of Minnesota prior to developing
this Direct Final Notice of Partial Deletion and the Notice of Intent
for Partial Deletion co-published today in the
[[Page 36660]]
``Proposed Rules'' section of the Federal Register.
2. EPA has provided the State 30 working days for review of this
direct final Notice of Partial Deletion and the parallel Notice of
Intent for Partial Deletion prior to their publication today, and the
State, through the MPCA, has concurred on the partial deletion of the
Site from the NPL.
3. Concurrently with the publication of this direct final Notice of
Partial Deletion, a notice of the availability of the parallel Notice
of Intent for Partial Deletion is being published in the Sun Focus,
located in Fridley, Minnesota. The newspaper notice announces the 30-
day public comment period concerning the Notice of Intent for Partial
Deletion of the Site from the NPL.
4. EPA placed copies of documents supporting the proposed partial
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories,
i.e., at EPA's offices in Chicago and online.
5. If adverse comments are received within the 30-day public
comment period on this partial deletion action, EPA will publish a
timely notice of withdrawal of this direct final Notice of Partial
Deletion before its effective date and will prepare a response to
comments. EPA may continue with the deletion process on the basis of
the Notice of Intent for Partial Deletion and the comments already
received.
Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion of a portion of a site from the NPL does not in any way alter
EPA's right to take enforcement actions, as appropriate. The NPL is
designed primarily for informational purposes and to assist EPA
management. Section 300.425(e)(3) of the NCP states that the deletion
of a site from the NPL does not preclude eligibility for future
response actions, should future conditions warrant such actions.
IV. Basis for Site Deletion
The following information provides EPA's rationale for deleting OU2
of the NIROP Superfund Site from the NPL. EPA believes it is
appropriate to delete OU2 of the NIROP Superfund Site because all
appropriate response actions under CERCLA, other than operation,
maintenance, and five-year reviews, have been completed at OU2 and it
is ready for redevelopment as a commercial and/or industrial property.
Site Background and History
The NIROP Superfund Site (CERCLIS ID MN3170022914) is located in
the northern portion of the Minneapolis/St. Paul Metropolitan Area in
an industrial/commercial area within the limits of Fridley, Minnesota.
The Site is not adjacent to any residential areas and is not located in
an environmentally sensitive area nor near any known environmentally
sensitive areas.
The Site is approximately 82.6 acres, most of which are covered
with buildings or pavement. The U.S. Navy and/or its contractors
produced advanced weapons systems at the facility beginning in 1940.
The former NIROP facility is currently owned by Fridley Land, LLC which
plans to redevelop the property for commercial and/or industrial use.
During the early 1970s, paint sludges and chlorinated solvents
generated from ordnance manufacturing processes were disposed of in
pits and trenches in the North 40 area which is the undeveloped area of
the Site immediately north of the building. Contaminant sources in the
North 40 area and beneath the NIROP building were not identified until
December 1980, when MPCA received information concerning historical
waste disposal practices at NIROP. In 1981, trichloroethylene (TCE) was
discovered in on-site groundwater wells and in the City of Minneapolis'
drinking water treatment plant intake pipe, located in the Mississippi
River less than 1 mile downstream from the Site. In 1983,
investigations identified pits and trenches in the North 40 area of the
NIROP Site where drummed wastes had been disposed of. From November
1983 to March 1984, approximately 1,200 cubic yards of contaminated
soil and 43 (55-gallon) drums were excavated and disposed of off-site.
The NIROP Superfund Site was proposed for inclusion on the NPL in
July 1989 (54 FR 29820). The Site was placed on the NPL in November
1989 (54 FR 48184).
In March 1991, the Navy, EPA, and MPCA signed a Federal Facilities
Agreement (FFA). Per the FFA, one purpose of that agreement was to
''Identify alternatives for Remedial Action for Operable Units'' which
are appropriate for the Site prior to the implementation of Final
Remedial Actions for the Site.
Remedial Investigation and Feasibility Study (RI/FS)
Based on the results of a geophysical investigation conducted in
1995, 23 (55-gallon) drums and 12 smaller containers were found in the
North 40 area of the NIROP property. These drums were excavated during
a removal action conducted from April to June of 1996. In 1996, during
a sampling event of OU2 soils, in the vicinity of a previously
unexcavated area near the North 40 area, free liquids were encountered
which resulted in an additional removal action. A total of 31 (55-
gallon) drums were discovered and subsequently sampled and removed for
off-site disposal. In addition, several empty and crushed drums were
also discovered and removed with other contaminated debris. Volatile
organic compound contamination was reported in subsurface soils.
A risk assessment for OU2 was conducted in 1996. In a revision of
that risk assessment, it was determined that in one sub-area of OU2,
risk was inordinately influenced by one single data point. Therefore,
during the summer of 2002, the Navy conducted a time-critical removal
action to remove approximately 35 cubic yards of soil around this OU2
subarea with an elevated contaminant concentration. This removal was
completed in June 2002, and addressed the last know location where
there were unacceptable contaminant risks in near surface soils.
Record of Decision (ROD) Findings
The Remedial Action Objectives (RAOs) were (1) to prevent
unacceptable risks due to residential or other unrestricted exposures
to contaminated soils at the site and (2) to prevent unacceptable risks
to industrial or construction workers due to exposures to contaminated
soils at the site. The ROD for OU2 was jointly signed in September 2003
by the Navy, EPA and MPCA.
This is the only ROD for this site applicable to this partial
deletion.
ROD for OU2 (September 2003)
The Selected Remedy to address unacceptable risk at OU2 of the
NIROP Site is Land Use Controls (LUCs). The ROD called for LUCs to be
maintained until EPA and MPCA determine that the concentrations of
hazardous substances in the soils have been reduced to levels that
allow for a less restrictive use of the Site.
The LUC Performance Objectives for OU2 are:
To restrict the use of the property to industrial or
restricted commercial use, until EPA and MPCA determine that
concentrations of hazardous substances in the soils have been reduced
to levels that allow for less restrictive use.
To prohibit the disturbance of soil deeper than 3 feet
below ground surface
[[Page 36661]]
in those Designated Restricted Areas, which include Area 3 and Area 4
of OU2 (see Site Map in the SEMS ID 446572 document listed in the
Deletion Docket for OU2) or the removal of any soils excavated in those
areas from the facility without prior written approval of EPA and MPCA.
The property will be restricted to only industrial or restricted
commercial uses. Industrial uses generally include, but are not limited
to, the following types: public utility services, rail and freight
services, raw storage facilities, refined material storage facilities,
and manufacturing facilities engaged in the mechanical or chemical
transformation of materials or substances into new products. Restricted
commercial use is defined as use where access or occupancy by non-
employees is less frequent or is restricted, including a wide variety
of uses, ranging from non-public access and both outdoor and indoor
activities (e.g., large scale warehouse operations), to limited public
access and indoor worker activities (e.g., shopping mall, retail
outlet, bank, dentist office). Strictly prohibited uses under either
category shall include any child care or pre-school facility,
playground, any form of housing, churches, social centers, hospitals,
elder care facilities or nursing homes.
Remedial Design (RD)
In August 2004, EPA concurred with the Navy's March 2004 Land Use
Control Remedial Design (LUCRD) for OU2. The LUCRD specifies how the
OU2 remedy will be implemented, maintained, and enforced should any
breach of the remedy occur. It details the Navy's continuing
responsibilities with respect to OU2, including the following: ensuring
annual on-site physical inspections of OU2 are performed to confirm
continued compliance with all LUC Performance Objectives; ensuring
annual LUC Compliance Certifications are provided to EPA and MPCA that
explain any deficiency, if found; conducting five-year reviews of the
remedy as required by CERCLA and the NCP; notifying EPA and MPCA prior
to any planned property conveyance; providing EPA and MPCA the
opportunity to review the text of intended deed provisions; and
notifying EPA and MPCA should site activities interfere with LUC
effectiveness.
Response Activities/LUCs
The LUCs were incorporated into a Quitclaim Deed that was
implemented on June 17, 2004, and executed by the property owner, the
United States, and MPCA, and that acts as an environmental covenant
describing the property restrictions. These deed restrictions run with
the land such that any subsequent owner is bound by the same
restrictions. The LUCs are to remain in place until EPA and MPCA
determine that the concentrations of hazardous substances in the soils
have been reduced to levels that allow for a less restrictive use.
Cleanup Goals
There is no cleanup associated with the remedy for OU2. Surface
soils that posed unacceptable commercial/industrial risk levels were
excavated and disposed of off-site during removal actions prior to
implementation of the LUCs at the Site.
Operation and Maintenance (O&M)
The Navy, as the lead agency, is responsible for conducting routine
inspections to ensure that LUCs are maintained and enforced. The Navy
is responsible for reporting the results of the inspections and any
breach of the LUCs to the MPCA and EPA.
Five-Year Review (FYR)
The Navy conducted a FYR at the Site in October 2013. The 2013 FYR
concluded that the remedy at NIROP for OU2 is protective of human
health and the environment. The FYR calls for the Navy to continue
long-term stewardship to ensure that the LUCs are maintained.
Future Redevelopment
Plans are currently underway to redevelop the NIROP Site into a
commercial office/warehouse complex. This planned redevelopment is
consistent with the existing Land Use designation for the site. The
three parties to the FFA concur that the delisting of OU2 from the NPL
would facilitate this redevelopment effort and allow OU2 to become
eligible for State and Federal Brownfields funding. Superfund NPL site
property is not eligible for Federal Brownfields funding.
A developer has enrolled the NIROP site and certain adjacent land
into MPCA's Voluntary Investigation and Cleanup (VIC) program. In
conjunction with the redevelopment of the NIROP Superfund Site, any
additional investigations will be conducted under the oversight and
direction of MPCA's VIC program.
Community Involvement
Public participation activities have been satisfied as required in
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42
U.S.C. 9617. Documents in the deletion docket, which EPA relied on for
recommendation of the partial deletion of this Site from the NPL, are
available to the public in the information repositories and at
www.regulations.gov. Documents in the docket include maps which
identify the specific parcels of land that are included in this
document (i.e., OU2).
Determination That the Site Meets the Criteria for Deletion in the NCP
The NCP (40 CFR 300.425(e)) states that portions of a site may be
deleted from the NPL when no further response action is appropriate.
EPA, in consultation with the State of Minnesota, has determined that
no further action is appropriate.
V. Deletion Action
EPA, with concurrence of the State of Minnesota through the MPCA,
has determined that all appropriate response actions under CERCLA,
other than operation, maintenance, and five-year reviews, have been
completed. Therefore, EPA is deleting OU2 of the NIROP Superfund Site
from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is proceeding without prior publication. This action will
be effective August 29, 2014 unless EPA receives adverse comments by
July 30, 2014. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of partial deletion before the effective date of
the partial deletion and it will not take effect. EPA will prepare a
response to comments and continue with the deletion process on the
basis of the notice of intent to partially delete and the comments
already received. There will be no additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Dated: June 12, 2014.
Susan Hedman,
Regional Administrator Region 5.
For the reasons set out in this document, 40 CFR part 300 is
amended as follows:
PART 300--[AMENDED]
0
1. The authority citation for part 300 continues to read as follows:
[[Page 36662]]
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR
2923; 3 CFR, 1987 Comp., p. 193.
Appendix B--[Amended]
0
2. Table 2 of Appendix B to part 300 is amended by revising the entry
for ``MN,'' ``Naval Industrial Reserve Ordnance Plant,'' ``Fridley'' to
read as follows:
Appendix B to Part 300--National Priorities List
* * * * *
Table 2--Federal Facilities Section
----------------------------------------------------------------------------------------------------------------
St Site name City/County (Notes) (a)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
MN.................................. Naval Industrial Fridley P
Reserve Ordnance Plant.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * *
Notes:
(a) A = Based on issuance of health advisory by Agency
for Toxic Substances and Disease Registry (if scored, HRS score need
not be greater than or equal to 28.50).
* * * * *
P = Sites with partial deletion(s).
* * * * *
[FR Doc. 2014-15255 Filed 6-27-14; 8:45 am]
BILLING CODE 6560-50-P