[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Rules and Regulations]
[Pages 33134-33139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15240]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0007; FRL-9980-71--Region 5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Naval Industrial 
Reserve Ordnance Plant Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is 
publishing a direct final Notice of Deletion of Operable Unit 3 (OU3) 
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 OU3, other than operation, maintenance, and 
five-year reviews, have been completed. However, this partial deletion 
does not preclude future actions under Superfund.

DATES: This direct final partial deletion is effective September 17, 
2018 unless EPA receives adverse comments by August 16, 2018. If 
adverse comments are received, EPA will publish a timely withdrawal of 
the direct final partial deletion in the Federal Register informing the 
public that the partial deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1989-0007, by one of the following methods: http://www.regulations.gov. Follow the online instructions for submitting 
comments. Once submitted, comments cannot be edited or removed from 
Regulations.gov. The EPA may publish any comment received to its public 
docket. Do not submit electronically any information you consider to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Multimedia submissions (audio, 
video, etc.) must be accompanied by a written comment. The written 
comment is considered the official comment and should include 
discussion of all points you wish to make. The EPA will generally not 
consider comments or comment contents located outside of the primary 
submission (i.e., on the web, cloud, or other file sharing system). For 
additional submission methods, the full EPA public comment policy, 
information about CBI or multimedia submissions, and general guidance 
on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    Email: [email protected].
    Mail: Randolph Cano, NPL Deletion Coordinator, U.S. Environmental 
Protection Agency Region 5 (SR-6J), 77 West Jackson Boulevard, Chicago, 
IL 60604, (312) 886-6036.
    Hand deliver: Superfund Records Center, U.S. Environmental 
Protection Agency Region 5, 77 West Jackson Boulevard, 7th Floor South, 
Chicago, IL 60604, (312)886-0900. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information. The normal business 
hours are Monday through Friday, 8 a.m. to 4 p.m., excluding Federal 
holidays.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1989-0007. The http://www.regulations.gov website is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to EPA without

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going through http://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 http://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 statue. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at:
    U.S. Environmental Protection Agency, Region 5, Superfund Records 
Center, 77 West Jackson Boulevard, 7th Floor South, Chicago, IL 60604, 
Phone: (312) 886-0900, Hours: Monday through Friday, 8 a.m. to 4 p.m., 
excluding Federal holidays.
    Mississippi Library, 410 Mississippi St. NE, Fridley, MN 55432, 
Phone: (763) 324-1560, Hours: Monday and Wednesday, 12:00 p.m. to 8:00 
p.m., Tuesday and Thursday, 10:00 a.m. to 6:00 p.m., Friday, 12:00 p.m. 
to 6:00 p.m. and Saturday 10:00 a.m. to 5:00 p.m.
    The Navy has an online repository for the NIROP Site at the link 
below. Please click on the Administrative Records link to see all the 
documents. http://www.navfac.navy.mil/products_and_services/ev/products_and_services/env_restoration/administrative_records.html?p_instln_id=FRIDLEY_NIROP.
    The Minnesota Pollution Control Agency has an information 
repository for the NIROP 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: Randolph Cano, NPL Deletion 
Coordinator, U.S. Environmental Protection Agency Region 5 (SR-6J), 77 
West Jackson Boulevard, Chicago, IL 60604, (312)886-6036, or via email 
at [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    EPA Region 5 is publishing this direct final Notice of Partial 
Deletion for the Naval Industrial Reserve Ordnance Plant (NIROP) 
Superfund Site (Site) from the National Priorities List (NPL). This 
partial deletion pertains to OU3, which includes all the unsaturated 
soils underlying the former Plating Shop Area. The NPL constitutes 
Appendix B of 40 CFR part 300, which is the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), which EPA promulgated 
pursuant to section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA) of 1980, 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 Site is proposed in accordance with 40 CFR 300.425(e) and is 
consistent with the Notice of Policy Change: Partial Deletion of Sites 
Listed on the National Priorities List. 60 FR 55466 (Nov. 1, 1995). As 
described in 300.425(e)(3) of the NCP, a portion of a site deleted from 
the NPL remains eligible for Fund-financed remedial action if future 
conditions warrant such actions.
    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 OU3 of the NIROP Site and 
demonstrates how OU3 meets the deletion criteria. Section V discusses 
EPA's action to partially delete OU3 of the Site 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:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. the remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews (FYRs) 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 FYRs 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. Partial Deletion Procedures

    The following procedures apply to the deletion of OU3 of the NIROP 
Site:
    (1) EPA has consulted with the State of Minnesota prior to 
developing this direct final Notice of Partial Deletion and the 
Notification of Intent for Partial Deletion published in the ``Proposed 
Rules'' section of the Federal Register.
    (2) EPA has provided the State thirty (30) working days for review 
of this action and the parallel Notification of Intent for Partial 
Deletion prior to their publication today, and the State, through the 
Minnesota Pollution Control Agency (MPCA), has concurred on the partial 
deletion of the Site from the NPL.
    (3) Concurrent with the publication of this direct final Notice of 
Partial Deletion, a notice of the availability of the parallel 
Notification of Intent for Partial Deletion is being published in a 
major local newspaper, the Sun Focus, located in Fridley, Minnesota. 
The newspaper notice announces the 30-day public comment period 
concerning the Notification of Intent for Partial Deletion of the Site 
from the NPL.
    (4) EPA placed copies of documents supporting the partial deletion 
in the deletion docket and made these items available for public 
inspection and copying at the Site information repositories identified 
in the Addresses Section of this rule.

[[Page 33136]]

    (5) If adverse comments are received within the 30-day public 
comment period on this partial deletion action, EPA will publish a 
timely notice of withdrawal of this direct final Notice of Partial 
Deletion before its effective date and will prepare a response to 
comments and continue with the deletion process on the basis of the 
Notice of Intent for Partial Deletion and the comments already 
received.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion of a site from the NPL does not in any way alter 
EPA's right to take enforcement actions, as appropriate. The NPL is 
designed primarily for informational purposes and to assist EPA 
management. Section 300.425(e)(3) of the NCP states that the deletion 
of a site from the NPL does not preclude eligibility for further 
response actions, should future conditions warrant such actions.

IV. Basis for Site Partial Deletion

    The following information provides EPA's rationale for deleting OU3 
of the NIROP Site from the NPL. EPA believes it is appropriate to 
delete OU3 of the NIROP Site because all appropriate response actions 
under CERCLA, other than operation, maintenance, and FYRs, have been 
completed at OU3 and it is ready for redevelopment as a commercial and/
or industrial property.

Site Background and History

    The NIROP Site (CERCLIS ID MN3170022914) is located in the northern 
portion of the Minneapolis/St. Paul Metropolitan Area in an industrial/
commercial area at 4800 E. River Road within the limits of Fridley, 
Anoka County, Minnesota. The NIROP 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. In 
2004, the U.S. Navy sold the property to FMC (now BAE). BAE then sold 
the property to ELT Minneapolis, LLC. ELT Minneapolis owned the former 
NIROP property and leased the space to United Defense LP until 2013. In 
2013, ELT sold the property to Fridley Land, LLC, the current owner. 
Fridley Land LLC is in the process of redeveloping the property in 
phases for commercial and/or industrial use.
    The formerly government-owned portion of the facility constitutes 
what is now the NIROP Site. See the site map in NIROP Map Delineating 
Operable Units, Docket Document ID No. EPA-HQ-SFUND-1989-0007-0075 in 
the Deletion Docket for OU3. (Note: portions of the main facility 
building depicted in the Site Map have since been demolished for 
redevelopment.) The Site Map also shows that the southern portion of 
the original facility is not part of the NIROP Site.
    The Navy and/or its contractors disposed paint sludges and 
chlorinated solvents generated from ordnance manufacturing processes in 
pits and trenches in the undeveloped area of the NIROP Site immediately 
north of the main facility building in the early 1970s. This area is 
called the North 40 area. MPCA received information concerning the 
historical waste disposal practices at NIROP and about the contaminant 
sources in the North 40 area and beneath the NIROP building in 1980.
    Trichloroethylene (TCE) was discovered in on-site groundwater wells 
and in the City of Minneapolis's drinking water treatment plant intake 
pipe, located in the Mississippi River less than 1 mile downstream from 
the Site, in 1981. The Navy conducted investigations in 1983 which 
identified pits and trenches in the North 40 area of the NIROP Site 
where drummed wastes were deposited. The Navy excavated approximately 
1,200 cubic yards of contaminated soil and 43 (55-gallon) drums and 
disposed them off-site from November 1983 to March 1984.
    EPA proposed the NIROP Site to the NPL on July 14, 1989 (54 FR 
29820). EPA finalized the NIROP Site on the NPL on November 21, 1989 
(54 FR 48184).
    EPA, MPCA and the Navy signed a Federal Facilities Agreement (FFA) 
in March 1991. Per the FFA, one of the purposes of that agreement was 
to ''Identify alternatives for Remedial Action for Operable Units'' 
appropriate for the Site prior to the implementation of Final Remedial 
Actions for the Site.
    EPA divided the NIROP Site into three operable units (OUs) to make 
it easier to address the contaminant issues at the Site. OU3, the 
subject of this partial deletion, includes all the unsaturated soils 
underlying the former Plating Shop Area of the Site. The extent of OU3 
is detailed in the site map in NIROP Map Delineating Operable Units, 
Docket Document ID No. EPA-HQ-SFUND-1989-0007-0075 in the Deletion 
Docket for OU3.
    The current scope of OU3 is provided in EPA's August 12, 2013 
Memorandum to File that restructured the OUs at the Site. OU3 initially 
included: (1) All saturated and unsaturated soil underneath the main 
NIROP manufacturing building, excluding the extreme southern portion of 
the building, and (2) all saturated soil under and outside the main 
NIROP manufacturing building, within the legal boundaries of the Site.
    EPA's 2013 Memorandum limited the scope of OU3 to unsaturated soil 
under the former Plating Shop Area. The saturated soils that were 
initially part of OU3 are now included with OU1. The remaining 
unsaturated soil under the main NIROP building outside the former 
Plating Shop Area that were part of OU3 are being addressed as part of 
OU2.
    OU1, which includes the contaminated groundwater within and 
originating from the NIROP Site, and now saturated soils, will remain 
on the NPL and is not being considered for deletion as part of this 
action. EPA deleted OU2, which includes all the unsaturated soils 
within the legal boundaries of the NIROP Site excluding the unsaturated 
soils under the former Plating Shop Area, from the NPL effective August 
29, 2014 (79 FR 36658, June 30, 2014).
Remedial Investigation and Feasibility Study (RI/FS)
    The groundwater in the unconsolidated aquifer beneath the Site is 
contaminated with volatile organic compounds (VOCs), including: TCE, 
1,1,1-trichloroethane (TCA), 1,2-dichloroethylene (DCE), 
tetrachloroethylene (PERC), 1,1-dichloroethane, toluene, xylene, and 
ethylbenzene. Some or all of the contaminants identified are hazardous 
substances as defined in section 104(14) of CERCLA, 42 U.S.C. 9601(14), 
and 40 CFR 302.4. TCE was found more frequently and at higher 
concentrations than any other VOC, and is considered to be the best 
indicator chemical for the Site.
    In April 1995, the Navy was renovating the East Plating Shop (now 
called the former Plating Shop Area or OU3) inside the main 
manufacturing building, to accommodate an electrical assembly facility. 
During the renovation, when all of the tanks were removed and prior to 
the floor repairs being made, the Navy collected soil and groundwater 
samples to determine whether past plating activities had impacted soil 
and groundwater beneath the building.
    The Navy detected TCE, TCA, PERC and DCE at elevated levels in soil 
and groundwater. The Navy also found

[[Page 33137]]

elevated metals concentrations, including chromium, in the vicinity of 
a former sump. (Note: With the ongoing redevelopment at the Site, OU3 
is no longer inside the main manufacturing building. The portion of the 
building that housed OU3 has since been demolished.)
    The Navy detected the highest concentrations of TCE and PERC in the 
1995 sampling event in surface (0 to 4 feet below ground surface 
[bgs]), shallow subsurface (4 to 12 feet bgs), and deep subsurface (>12 
feet bgs) soil samples collected from the East Plating Shop. This 
indicated the possible presence of a ``hot spot'' of TCE and PERC in 
this area and the likelihood that the East Plating Shop was the source 
area for these VOCs and chromium.
    The 2002 Baseline Human Health Risk Assessment (HHRA) identified an 
unacceptable potential risk/hazard in OU3 for exposure to soil in the 
East Plating Shop area under the major-infrequent construction worker 
exposure scenario. The major-infrequent construction worker exposure 
scenario assumed construction workers would have a short-term exposure 
to the maximum concentration of soil contaminants detected from 0-12 
feet bgs in the East Plating Shop area during major modifications to 
the building slab and foundations. The HHRA did not identify any 
unacceptable risks or hazards to exposure to OU3 soil under a 
commercial/industrial scenario.
    The cancer risk calculated for the major-infrequent construction 
worker in the 2002 HHRA was 2.1 x 10-6. This risk is within 
EPA's acceptable risk range of 1 x 10-4 to 1 x 
10-6, but exceeds MPCA's acceptable subchronic incremental 
cancer risk of 1 x 10-6.
    The noncancer risks calculated for the major-infrequent 
construction worker in OU3 in the 2002 HHRA was a hazard quotient (HQ) 
of 1.35 for chromium, and a total hazard index (HI) of 2.9 for all 
chemicals. These levels exceed EPA's acceptable noncancer HQ of 1 for 
individual contaminants and a HI of 1 for multiple chemicals, and 
MCPA's acceptable subchronic HQ and HI levels of 1 for individual and 
multiple chemicals.
    Chromium is most commonly present in its less-toxic trivalent form 
because environmental conditions typically favor the reduction of the 
more-toxic hexavalent chromium to its less-toxic trivalent state. The 
2002 HHRA, however, conservatively assumed that 100 percent of the 
chromium detected in the East Plating Shop area was in the hexavalent 
form, due to the absence of site-specific speciated data and 
considering historic Site use. Based on this assumption of 100 percent 
hexavalent chromium, the potential risks to OU3 receptors from exposure 
to chromium in the 2002 HHRA were likely overestimated.
    Several years after the OU3 remedy was selected and implemented, in 
2015, the Navy conducted additional soil sampling in OU3 for total and 
hexavalent chromium analysis. The analytical results show that at most, 
the more toxic hexavalent chromium constitutes only 7 percent of the 
total OU3 chromium measured. The 2015 total and hexavalent chromium 
concentrations in soil were both below the MPCA soil reference values 
for industrial use. The Navy used these speciated chromium results to 
complete a more accurate, focused risk assessment for OU3 chromium in 
2016.
    In 2016, the Navy also excavated soils beneath the East Plating 
Shop to remove a potential source of TCE to the groundwater. The 
excavated soil was in the same area as the elevated chromium 
concentrations evaluated in the 2002 HHRA. This soil removal aided in 
reducing any potential health risks associated with chromium.
    The Navy completed the Focused Human Health Risk Assessment (FHHRA) 
for the East Plating Shop area in 2016. The Navy did not include in the 
data set the soil samples collected in 2015 in the areas subsequently 
excavated as part of the 2016 East Plating Shop excavation because they 
were no longer present or available for contact by human receptors.
    The FHHRA determined that, for the major-infrequent construction 
worker exposure scenario, the potential non-cancer HI for all 
contaminants of potential concern (COPCs)/target organs combined is 
0.16. This HI is below EPA's and MPCA's target HI of 1 and does not 
exceed MPCA's target HQ level of 0.2 for individual COCs. Therefore, 
the 2016 FHHRA concluded that there are no unacceptable risks or 
hazards for major-infrequent construction workers who may be exposed to 
chemicals in mixed OU3 soil.
Selected Remedy
    EPA, MPCA and the Navy issued a Record of Decision (ROD) for OU1 on 
September 28, 1990, and a ROD for OU2 and OU3 on September 17, 2003. 
EPA issued a Memorandum to File on September 5, 2013 clarifying the OU 
definitions at the site. The changes to the structure of the OUs in the 
2013 Memorandum to File did not alter any of the selected remedies for 
the Site. EPA, MPCA and the Navy issued an Explanation of Significant 
Differences (ESD) documenting a requirement for groundwater 
institutional controls (ICs) as part of the OU1 remedy on September 26, 
2014. EPA, MPCA and the Navy issued an ESD documenting a change in some 
of the IC requirements for OU3 on July 19, 2017. These documents are 
available the Docket under Docket Document IDs EPA-HQ-SFUND-1989-0007-
0062 (1990 OU1 ROD), EPA-HQ-SFUND-1989-0007-0063 (2003 OU2 and OU3 
ROD), EPA-HQ-SFUND-1989-0007-0068 (2013 Memorandum to File), EPA-HQ-
SFUND-1989-0007-0069 (2014 OU1 ESD) and EPA-HQ-SFUND-1989-0007-0071 
(2017 OU3 ESD).
    The original remedial action objectives (RAOs) for OU3 in the 2003 
OU2 and OU3 ROD 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 remedial action specified for OU3 soils in the 2003 ROD were 
engineering controls (ECs) and ICs. The original selected remedy for 
OU3 was: (1) To restrict the use of the Property to industrial or 
restricted commercial use, until and unless EPA and MPCA determine that 
concentrations of hazardous substances in the soils have been reduced 
to levels that allow for a less restrictive use; (2) to prohibit the 
disturbance of soils beneath the Designated Restricted Area known as 
the concrete pit foundations where metal-finishing operations 
previously occurred at the former Plating Shop within the Main 
Manufacturing Building without the prior written approval of the EPA 
and MPCA; and (3) to ensure that the concrete pit floor (approximately 
8 to 12 feet below grade floor) where metal finishing operations 
previously occurred at the former Plating Shop within the Main 
Manufacturing Building is not removed without the prior written 
approval of EPA and MPCA. That floor will serve as an EC.
    On July 19, 2017, EPA, MPCA and the Navy issued an ESD to remove 
the requirement for some of the ICs and ECs in the OU3 remedy. The 
remedy components described in the 2003 OU2 and OU3 ROD were initially 
required to ensure the long-term protectiveness of the OU3 soil because 
the OU3 soil contamination remained at the Site above levels that allow 
for unlimited use and unrestricted exposure.
    The 2017 ESD modified the selected remedy for OU3 by removing the 
second and third remedy components described above from the OU3 remedy.

[[Page 33138]]

Specifically, there was no longer a need to prohibit the disturbance of 
soils beneath the former Plating Shop area, nor to ensure that the 
concrete pit floor at the former Plating Shop remains in place.
    EPA, MPCA and the Navy included these two OU3 remedy components in 
the 2003 ROD based on the conservative assumption in the 2002 HHRA that 
all of the chromium in OU3 soil was in the more-toxic hexavalent form. 
Based on the 2015 sampling data, which included speciated chromium 
results, and the 2016 FHHRA, which found no unacceptable risks or 
hazards for the major-infrequent construction worker scenario at OU3, 
the floor in the Plating Shop is no longer needed as an EC and OU3 ICs 
prohibiting the soils beneath the Plating Shop from being disturbed are 
no longer necessary.
    The IC restricting OU3 to industrial or restricted commercial use 
in the 2003 OU2 and OU3 ROD [i.e., OU3 remedy component (1) listed 
above], remains part of the selected remedy for OU3. Implemented ICs at 
the Site are shown in Figure 2 of the 2017 OU3 ESD in the Docket 
(Docket Document ID No. EPA-HQ-SFUND-1989-0007-0071).
Response Actions
    EPA concurred with the Navy's March 2004 Land Use Control Remedial 
Design (LUCRD) for OU3 in August 2004. The LUCRD specifies how the OU3 
remedy will be implemented, maintained, and enforced if any breach of 
the remedy should occur. The LUCRD details the Navy's continuing 
responsibilities with respect to OU3, including: Ensuring that annual 
on-site physical inspections of OU3 are performed to confirm continued 
compliance with all Land Use Control (LUC) Performance Objectives; 
ensuring that annual LUC Compliance Certifications are provided to EPA 
and MPCA that explain any deficiency, if found; conducting FYRs 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 if Site activities might interfere with LUC 
effectiveness.
    The LUCs were incorporated into a Quitclaim Deed that was executed 
by the property owner, the United States and MPCA on June 17, 2004. The 
Quitclaim Deed acts as an environmental covenant describing the 
property restrictions. The deed restrictions run with the land such 
that any subsequent property 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 OU3 soils have been 
reduced to levels that allow for a less restrictive use.
    In 2017, EPA, MPCA and the Navy issued an ESD for OU3 removing the 
requirement for two of the three OU3 LUCs required by the 2003 OU2 and 
OU3 ROD. The 2017 ESD removed the requirement for the LUCs that 
required the concrete pit floor in the former Plating Shop to remain in 
place and for the soils in the former Plating Shop area to remain 
undisturbed.
Cleanup Levels
    There was no cleanup associated with the original remedy for OU3. 
In 2016, however, soils beneath the East Plating Shop were excavated 
and replaced with clean soil to address a potential source of TCE to 
the groundwater as part of OU1. The excavated soil was in the same area 
as the elevated chromium concentrations evaluated in the 2002 HHRA. The 
2016 TCE soil removal also aided in reducing any potential health risk 
associated with chromium. This further justified the removal of the 
LUCs for the former Plating Shop floor and for the soil below the floor 
described in the 2017 OU3 ESD.
Operation and Maintenance
    The Navy is the lead agency for the Site and is responsible for 
conducting routine inspections to ensure that the 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
    The Navy conducted the last FYR at the Site in October 2013. The 
2013 FYR concluded that the remedy at NIROP for OU3 is protective of 
human health and the environment. The 2013 FYR did not identify any 
issues or recommendations for OU3. The FYR calls for the Navy to 
continue long-term stewardship to ensure that the LUC restricting land 
use at the Site to industrial or restricted commercial use is 
maintained. The next FYR for the Site is scheduled for October 2018.
Redevelopment
    Redevelopment is currently underway to redevelop the NIROP Site 
into a commercial office/warehouse complex. This redevelopment is 
consistent with the existing Land Use Designation for the Site. The 
three parties to the FFA agree that delisting OU3 from the NPL will 
facilitate the redevelopment effort and allow OU3 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 adjacent land into 
MPCA's Voluntary Investigation and Cleanup (VIC) program. In 
conjunction with the redevelopment of the NIROP Site, any additional 
investigations will be conducted under the oversight and direction of 
MPCA's VIC program. Under the VIC program, MPCA also requested that all 
buildings at the NIROP Site have vapor mitigation units installed them 
and the builder has complied.
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. EPA published a document announcing this proposed Direct 
Final Partial Deletion and announcing the 30-day public comment period 
in the Sun Focus concurrent with publishing this partial deletion in 
the Federal Register. Documents in the deletion docket, which EPA 
relied on for recommending the partial deletion of the 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 
proposed Direct Final Partial Deletion (i.e., OU3).
Determination That the Criteria for Partial Deletion Have Been Met
    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 in 
that area or media. All cleanup actions specified for OU3 of the NIROP 
Site in the 2003 OU2 and OU3 ROD and the 2017 OU3 ESD have been 
implemented at the Site. EPA, in consultation with the State of 
Minnesota, has determined that no further action is warranted to 
protect human health and the environment at OU3 and that OU3 of the 
NIROP Site meets the criteria for Partial Deletion from the NPL.

V. Partial Deletion Action

    EPA, with concurrence of the State of Minnesota through the MPCA, 
has determined that all appropriate response actions under CERCLA at 
OU3, other than operation, maintenance, and five-year reviews, have 
been completed. Therefore, EPA is deleting OU3 of the NIROP Site from 
the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is

[[Page 33139]]

taking it without prior publication. This action will be effective 
September 17, 2018 unless EPA receives adverse comments by August 16, 
2018. 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 
notification 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.

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., 
p. 193.

    Dated: June 25, 2018.
Cathy Stepp,
Regional Administrator, Region 5.
[FR Doc. 2018-15240 Filed 7-16-18; 8:45 am]
 BILLING CODE 6560-50-P


