appendix 4. arars and preliminary remediation goals · 2003. 2. 19. · criteria, advisories, or...

APPENDIX 4. ARARS AND PRELIMINARY REMEDIATION GOALS

DRAFT

February 19, 2003 1

Attachment 5

Criteria Advisories, Guidance and Applicable or Relevant and Appropriate Requirements

For the SLRIDT Site Meeting February 25 and 26, 2003

Dan Talsma Director, Environmental Control GKN North America Services, Inc. 550 Warrenville Road Lisle, IL 60532-4387

RE: Criteria, Advisories, Guidance and Applicable or Relevant and Appropriate Requirements for the St. Louis River/Interlake/Duluth Tar Superfund Site

Dear Mr. Talsma:

Enclosed is a list constituting the Minnesota Pollution Control Agency (MPCA) detailed description of criteria, advisories, guidance and Applicable or Relevant and Appropriate Requirements (ARARs) for use in the re-opened Feasibility Study (FS) in accordance with the February 22, 2000 Agreement Between the Minnesota Pollution Control Agency, the Interlake Corporation, Honeywell International Inc. and Domtar Inc. Concerning Selection of the Remedy for the Sediments Operable Unit of the St Louis River/Interlake/Duluth Tar site (Site) (Agreement). This list was originally presented in the October 1999 Draft Record of Decision. The MPCA has reexamined and revised this list for your incorporation into the re-opened FS to evaluate the compliance of the various alternatives with criteria, advisories, guidance, and ARARs. However, the final determination of the criteria, advisories, guidance, and ARARs that will ultimately apply to the Sediments Operable Unit of the Site and the final determination of compliance or applicability of a variance from standards will be presented in the Record of Decision developed by the MPCA.

The criteria, advisories, guidance and ARARs will be the basis for setting the Preliminary Performance Requirements that will result in the protection of human health and the environment during and after remedy implementation.

DRAFT

February 19, 2003 2

If you have any questions regarding this list please contact me at (218) 529-6250.

Sincerely

Jane Mosel Project Manager Majors and Remediation Division

Enclosures: Applicable or Relevant and Appropriate Requirements Table 1 List of ARARs Table 2 Water Standards Table 3 RCRA Hazardous Constituent List cc: Marilyn Danks, DNR, Trustee Representative bcc: Kevin Faus, MPCA Alan Williams, Office of Attorney General Rebecca Lee, Office of Attorney General

DRAFT

February 19, 2003 3

TABLE OF CONTENTS

I STATE OF MINNESOTA CRITERIA, ADVISORIES, GUIDANCE, AND

ARARS ............................................................................................................................... 8

I.A STATE CONTAMINANT-SPECIFIC CRITERIA, ADVISORIES, GUIDANCE, AND ARARS............................................................................................... 8

I.A.1 Water – Water Law, State Water Pollution Control Act, Minn. Rules chs. 7050 (applicable) and 4720 (relevant and appropriate) (MPCA, DNR and MDH)..................... 8

I.A.1.a Surface Water – Minn. Rules chs 7052, 7050, 7065 (applicable) (MPCA) ....... 9

I.A.1.b Ground Water – Ground Water Protection Act, Minn. Rules 4717 and 7060 (applicable) (MPCA and MDH) ....................................................................................... 11

I.A.2 Sediment – Ambient Sediment Concentrations (MPCA) ................................. 12

I.A.3 Air - Ambient Air Quality, Minn. Rules ch. 7005 and 7009 (applicable) (MPCA) 12

I.B STATE LOCATION-SPECIFIC CRITERIA, ADVISORIES, GUIDANCE, AND ARARS ................................................................................................................... 12

I.B.1 Institutional Controls/Land Use Restrictions- Minn. Stat. § 115B.02, subd. 16(b)(1) (applicable) (MPCA) .......................................................................................... 12

I.B.2 Shoreland and Floodplain Management - Minn. Rules ch. 6120 (applicable) (DNR) 13

I.B.3 Wetlands - Minn. Rules ch. 7050 (applicable) (MPCA and DNR) .................. 13

I.B.4 Species that are Endangered, Threatened or of Special Concern - Minn. Rules ch. 6134 (applicable) (DNR)............................................................................................. 14

I.C STATE ACTION-SPECIFIC CRITERIA, ADVISORIES, GUIDANCE, AND ARARS 14

I.C.1 Water – Water Law and Water Pollution Control Act, Minn. Rules chs. 7050, 7065 (applicable) (MPCA and MDH) .............................................................................. 14

I.C.2 Wetlands - Minn. Rules ch. 7050, Minn. Stat. §§ 103A and 103G (applicable) (MPCA, DNR, Board of Water and Soil Resources and local unit of government) ........ 14

I.C.3 Sediment (MPCA) ............................................................................................ 15

DRAFT

February 19, 2003 4

I.C.4 Air – Minn. Stat. § 116.061 and Minn. Rules chs. 7005, 7007, 7009, 7011, 7017, 7019 (applicable) (MPCA) ..................................................................................... 15

I.C.5 Noise Pollution - Minn. Rules ch. 7030 (applicable) (MPCA)......................... 16

I.C.6 Permits – Minn. Rules 7001 and Minn. Stat. § 116.081 (applicable or relevant and appropriate) (MPCA, DNR)....................................................................................... 17

I.C.7 Relocation as Part of the Remedy (MPCA)...................................................... 18

I.C.8 Solid and Hazardous Waste - Minn. Rules chs. 7035 and 7045 (applicable) (MPCA) 19

I.C.9 Shoreland and Floodplain Management - Minn. Rules ch. 6120 (applicable) (DNR) 19

I.C.10 Water Well Code and Plumbing Code - Minn. Rules chs. 4725 and 4715 (applicable) (MDH) .......................................................................................................... 19

I.C.11 Institutional Controls - Minn. Stat. § 115B.02 (applicable) (MPCA) .............. 20

I.C.12 Variance Rules Minn. Rules chs. 7000 7050 7052 4725 4720 and Minn. Stat. § 116.02 (applicable or relevant and appropriate) (MPCA, MDH)..................................... 20

II FEDERAL CRITERIA, ADVISORIES, GUIDANCE AND ARARs ..................... 21

II.A FEDERAL CONTAMINANT SPECIFIC CRITERIA, ADVISORIES, GUIDANCE AND ARARS.............................................................................................. 21

II.A.1 Groundwater Standards - Safe Drinking Water Act (relevant and appropriate) (EPA) 21

II.A.2 Surface Water – Ambient and Point Source Discharges – Clean Water Act (applicable or relevant and appropriate) (EPA) ................................................................ 21

II.A.3 Air Standards – Clean Air Act (applicable) (EPA)........................................... 22

II.B FEDERAL LOCATION-SPECIFIC CRITERIA, ADVISORIES, GUIDANCE AND ARARS ................................................................................................................... 22

II.B.1 Fish and Wildlife Coordination Act (applicable or relevant and appropriate) (USFWS, DOI) ................................................................................................................. 22

II.B.2 Floodplain Management Order (applicable or relevant and appropriate) (USFWS, DOI) ................................................................................................................. 22

II.B.3 Protection of Wetlands Order (applicable or relevant and appropriate) (USFWS, DOI) ................................................................................................................. 23

DRAFT

February 19, 2003 5

II.B.4 The Endangered Species Act (applicable or relevant and appropriate) (USFWS, DOI) 23

II.B.5 Migratory Bird Treaty Act (applicable or relevant and appropriate) (USFWS)23

II.B.6 Bald Eagle Protection Act (applicable or relevant and appropriate) (USFWS) 23

II.B.7 Resource Conservation and Recovery Act (relevant and appropriate) (EPA).. 23

II.C FEDERAL ACTION-SPECEFIC CRITERIA, ADVISORIES, GUIDANCE AND ARARs .................................................................................................................... 24

II.C.1 Water Quality (applicable or relevant and appropriate) (EPA) ........................ 24

II.C.2 Permits (applicable or relevant and appropriate (EPA) .................................... 24

II.C.3 Solid Waste (potentially applicable) and RCRA (potentially relevant and appropriate) Requirements (EPA)..................................................................................... 25

III OTHER CRITERIA, ADVISORY, AND GUIDANCE........................................... 26

IV REFERENCES ......................................................................................................... 27

DRAFT

February 19, 2003 6

List of Acronyms

Affidavit Affidavit Concerning Real Property Contaminated with Hazardous Substances ARAR Applicable or Relevant and Appropriate Requirement BSIC Bioaccumulative Substances of Immediate Concern CERCLA Comprehensive Environmental Response Compensation and Liability Act COC Contaminant of Concern CS Chronic Standard DNR Department of Natural Resources EPA United States Environmental Protection Agency FAV Final Acute Value FS Feasibility Study GLI Great Lakes Initiative HBV Health Based Value HRL Health Risk Limit MCL Maximum Contaminant Level MCLG Maximum Contaminant Level Goal MDH Minnesota Department of Health MERLA Minnesota Environmental Response and Liability Act MPCA Minnesota Pollution Control Agency MS Maximum Standard NCP National Contingency Plan NPDES National Pollutant Discharge Elimination system OIRW Outstanding International Resource Water OSWER Office of Solid Waste and Emergency Response ORVW Outstanding Resource Value Water POTW Publicly Owned Treatment Works RCRA Resource Conservation and Recovery Act RI Remedial Investigation RP Responsible Party SedOU Sediment Operable Unit SDS State Disposal system Site St. Louis River/Interlake/Duluth Tar State Superfund Site SRV Soil Reference Value TBC To Be Considered USACE US Army Corps of Engineers WLSSD Western Lake Superior Sanitary district

DRAFT

February 19, 2003 7

INTRODUCTION

Criteria, Advisories, Guidance, and Applicable or Relevant and Appropriate Requirements

St. Louis River/Interlake/Duluth Tar Superfund Site Duluth, Minnesota

Remedial actions for releases and threatened releases of hazardous substances, and pollutants or contaminants, must be selected and carried out in compliance with State and Federal legal requirements. The general legal standard that must be met by any remedial action selected and implemented under the Minnesota Environmental Response and Liability Act (MERLA) is that the remedial action must protect public health and welfare and the environment. Risk-based selection of remedial action, by focusing on reduction of risk to public health and the environment, is intended to assure that a remedy meets the protectiveness standard of MERLA. However, remedial actions selected under MERLA must also comply with other environmental laws and rules such as air quality, water quality, and hazardous waste management laws and rules. These other environmental laws and rules, both substantive and procedural, must be considered and addressed as part of the selection and implementation of a remedial action (MPCA 1998).

A list of the criteria, advisories, guidance and Applicable or Relevant and Appropriate Requirements (ARARs) for the St. Louis River/Interlake/Duluth Tar Superfund Site (Site) is presented below and set forth in Table 1.

The use of ARARs in evaluating alternative remedies is incorporated in the Request for Response Action (RFRA) issued for the Site under MERLA (Minn. Stat. §§ 115B.01 to 115B.24). Section IV.A., Establishment of Site specific Response Action Objectives and Cleanup Levels, of Attachment A, to the March 22, 1994 and March 26, 1996 Request for Response Actions, provides “The MPCA Commissioner shall assess data as it is obtained through implementation of the Remedial Investigation (RI). When sufficient data exists, the MPCA Commissioner shall specify and notify the Responsible Party (RP) of the Site-specific response action objectives and cleanup levels for the contaminants, environmental media of concern, and exposure pathways associated with the Site. The Site-specific objectives and cleanup levels shall be determined using ARARs, the “Compilation of Ground Water Rules and Regulations MPCA Superfund Program,: dated March 27, 1991, Attachment I, Federal and State sediments guidances, the results of Human and Ecological risk assessments and documented sediment remediation case studies.”

ARARs are identified based upon the RFRA and Section 121(d) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and the final National Contingency Plan (NCP). Other sources of guidance on ARARs include: 42 U.S.C. 9621 (d): CERCLA Compliance with Other Laws Manual. Volumes I and II: Office of Solid Waste and Emergency Response (OSWER) Directives 9234.1-01 and – 02 (August 1988 and August 1989 respectively); and various CERCLA ARARs Fact

DRAFT

February 19, 2003 8

Sheets issued as OSWER Directives; Questions and Answers Regarding the 1990 NCP (February 1990). The RFRA requires selection of a remedial action that is protective of human health and the environment, which requires consideration of risk assessment and ARARs.

The NCP definitions of ARARs are as follows:

Applicable requirements – Applicable requirements are federal and state cleanup standards, standards of control, and other substantive environmental protection requirements, criteria, or limitations promulgated under state or federal environmental or facility siting law that specifically address a hazardous substance, pollutant, contaminant, remedial action, location, or other circumstance found at the Site.

Relevant and Appropriate Requirements – Relevant and appropriate requirements are federal and State cleanup standards, that, while not applicable, address problems or situations sufficiently similar to those encountered at the Site that their use is well-suited to the Site.

Criteria, advisories, or guidance that assist in determining what is necessary to be protective or that are otherwise useful in developing a Site remedy that meets the threshold criteria are also presented in this document and include Federal and State sediments guidance’s, the results of Human and Ecological assessments and documented sediment remediation case studies and technical information on how to perform or evaluate site investigations or response actions (e.g. MPCA Site Response Section Guidance Documents). The NCP defines this as the TBC category which consists of advisories, criteria, or guidance that were developed by EPA, other federal agencies, or states that may be useful in developing CERCLA remedies.

ARARs (and TBCs necessary for protection) must be attained during remedy implementation and for hazardous substances, pollutants, or contaminants remaining on-Site at the completion of the remedial action, unless variance of an ARAR is justified (EPA 1988).

I STATE OF MINNESOTA CRITERIA, ADVISORIES, GUIDANCE, AND ARARS

I.A STATE CONTAMINANT-SPECIFIC CRITERIA, ADVISORIES, GUIDANCE, AND ARARS

I.A.1 Water – Water Law, State Water Pollution Control Act, Minn. Rules chs. 7050 (applicable) and 4720 (relevant and appropriate) (MPCA, DNR and MDH)

Water quality standards that are applicable to the Site and Site remediation are addressed in groundwater and surface water discussions presented in the following sections. Water

DRAFT

February 19, 2003 9

quality standards were developed in accordance with the Water Law (103A, 103B, 103C, 103D, 103E, 103F, and 103G) and State Water Pollution Control Act (Minn. Stat. §§ 115.01 to 115.09). Sections I.A.1 and I.A.2 present detailed discussions on surface water and ground water, respectively. This Section addresses ARARs that apply to both surface and ground water.

Public Water Supply Rules (Minn. Rules pts. 4720.0020 to 4720.3970), administered by the MDH, regulate public water systems that incorporate the National Primary and Secondary Drinking Water Standards (40 CFR Parts 141-143), also known as the MCLs and Maximum Contaminant Level Goals (MCLGs) (Minn. Rules Part 4720.0350). MCLs and MCLGs are relevant and appropriate at the Site.

I.A.1.a Surface Water – Minn. Rules chs 7052, 7050, 7065 (applicable) (MPCA)

Because the surface water at the site is within the drainage basin of Lake Superior the ARARs specified in the Great Lakes Initiative (GLI), Minn. Rules ch. 7052, are applicable and the surface waters are identified as outstanding international resource water (OIRW). The objective for OIRW is to maintain water quality at existing conditions when the quality is better than the water quality standards. Generally, OIRWs are considered to be “exceptional recreational, cultural, aesthetic or scientific resources.” (Minn. Rules pt. 7050.0180, subp. 1). Other water quality standards, nondegradation standards, and implementation procedures applicable to the surface waters of the state in the Lake Superior Basin can be found in Minn. Rules chs. 7050 and 7065 where the Site surface waters are identified as Class 2B or 3B waters. Where Minn. Rules ch. 7052 standards exist, they will be used as the applicable standard for the site, regardless if lower standards are present in Minn. Rules chs. 7050 and 7065. If standards have not been determined in either Minn. Rules chs. 7050, 7052, or 7065, a site-specific standard will be developed in accordance with Minn. Rules pt. 7050.0218.

Table 2 presents the surface water standards applicable to the Site. Criteria and guideline values are available for some specific contaminants where promulgated values are not available.

Minn. Rules ch. 7052, Great Lakes Initiative. As stated above, Minn. Rules ch. 7052 is applicable to surface water at the Site. As described in the scope of Minn. Rules pt. 7052.0005 item A: This chapter establishes aquatic life, human health, and wildlife water quality standards and criteria for GLI pollutants; nondegradation standards for surface waters of the state in the Lake Superior Basin including, on a limited basis as described in item B, Class 7 waters; and implementation procedures for deriving effluent limitations from these standards and criteria. Other water quality standards, nondegradation standards, and implementation procedures applicable to the surface waters of the state in the Lake Superior Basin can be found in Minn. Rules chs. 7050 and 7065.

In accordance with Minn. Rules pt. 7052.0300 Subp. 3, all surface waters of the state in the Lake Superior Basin, other than Class 7 waters and designated Outstanding Resource Value Waters (ORVWs) as described in parts 7050.0460 and 7050.0470, are designated

DRAFT

February 19, 2003 10

as OIRWs. Any new or expanding point source discharge of a bioaccumulative substances of immediate concern (BSIC) to an OIRW must comply with the implementation requirements of part 7052.0310. The nondegredation demonstration provisions of part 7052.0320, subpart 2 provide specific requirements for actions taken at MERLA and CERCLA sites.

In accordance with Minn. Rules pt. 7052.0310 Subp. 7.C. except when the agency determines on a case-by-case basis that the application of subparts 1 to 6 is required to adequately protect water quality, the procedures of this part do not apply to response actions pursuant to CERCLA, as amended, Minnesota Statues, chapter 115B or 115C, or similar federal authorities undertaken to alleviate a release into the environment of hazardous substances, pollutants, or contaminants which may pose imminent and substantial danger to the public health or welfare.

Minn. Rules pt. 7052.0100 subpart. 1 provides water quality standards. The ambient water quality standards in subparts 2 to 6 are Class 2 standards for the protection of aquatic life, human health, and wildlife from the GLI pollutants. The numeric standard for a GLI pollutant includes the Chronic Standard (CS), Maximum Standard (MS), and Final Acute Value (FAV). Some pollutants do not have an MS or an FAV because of insufficient data. For these pollutants, the CS is the numeric standard. Additional standards applicable to the surface waters of the state in the Lake Superior Basin are found in chapters 7050 and 7065, including standards applicable to drinking water sources, which are listed in parts 7050.0220 and 7050.0221.

Some of the GLI pollutants listed in subparts 2 to 6 have both aquatic life and human health standards and four of the GLI pollutants have wildlife standards, as provided in tables 1 to 4 of the GLI Guidance. These standards are listed in subparts 2 to 6 to facilitate implementation of the standards under parts 7052.0200, subpart 3, and 7052.0210, subpart 1. The most stringent chronic aquatic life, human health, or wildlife standard listed is the applicable standard except when a less stringent chronic or maximum standard applies when setting an effluent limitation under part 7052.0200, subpart 3. For any aquatic life, human health, or wildlife chronic standard, a blank space in subparts 2 to 5 means no GLI standard is available and the most stringent listed chronic standard is applicable. For the aquatic life MS and FAV, blank spaces mean the GLI guidance lists no MS or FAV, and part 7050.0222 may contain an applicable MS or FAV.

Minn. Rules Ch. 7050. Minn. Rules ch. 7050 classifies waters of the state and establishes standards. Minn. Rule pt. 7050.0210 presents general requirements and policies pertaining to surface water. Additional clarification on how the requirements and policies should be applied to a site including issues related to mixing zone and dilution can be found in the Minnesota Pollution Control Agency Surface Water Pathway Evaluation User’s Guide, Working Draft, December 12, 2000. Minn. Rules pt. 7050.0470 presents classifications for waters in major surface water drainage basins. Minn. Rules pt. 7050.0470 Subp. 1 pertains to waters of the Lake Superior Basin. The portion of the St. Louis River in which the Site is located is an unlisted water. In Minn. Rule pt. 7050.0430, an unlisted water is classified as a class 2B, 3B, 4A, 4B, 5, and 6

DRAFT


water. Chronic standards for 2B are listed here. If the water quality standards for the various classes are different, the more restrictive of the standards apply. Because a water body has more than one use classification, all the water quality standards in each class apply to that body of water. Minn. Rules pt. 7050.0470 Subp. 3 characterize Class 2 waters for aquatic life and recreation. Aquatic life and recreation includes all waters of the state which do or may support fish, other aquatic life, bathing, boating, or other recreational purposes, and where quality control is or may be necessary to protect aquatic or terrestrial life or their habitats, or the public health, safety, or welfare.

Minn. Rules pt. 7050.0220 specifies standards of quality and purity for waters of the state. The numerical and narrative water quality standards in this part prescribe the qualities or properties of the waters of the state that are necessary for the aquatic life and recreation and industrial consumption designated public uses and benefits. If the standards in these parts are exceeded in waters of the state it is considered indicative of a polluted condition which is actually or potentially deleterious, harmful, detrimental, or injurious with respect to the designated uses.

Minn. Rules pt. 7050.0220 Subp. 5a specifies the standards for quality and purity by associated use classes including Class 2B waters of the state. The quality of Class 2B surface waters shall be such as to permit the propagation and maintenance of a healthy community of cool or warm water sport or commercial fish and associated aquatic life, and their habitats. These waters shall be suitable for aquatic recreation of all kinds, including bathing, for which the waters may be usable. This class of surface water is not protected as a source of drinking water.

The quality of Class 3B waters of the state shall be such as to permit their use for general industrial purposes, except for food processing, with only a moderate degree of treatment. The quality shall be generally comparable to Class 1D waters of the state used for domestic consumption, except as specified in Minn. Rules pt. 7050.0223 Subp. 3.

I.A.1.b Ground Water – Ground Water Protection Act, Minn. Rules 4717 and 7060 (applicable) (MPCA and MDH)

The Ground Water Protection Act, Minn. Statutes ch. 103H, specifies a non-degredation goal and the promotion of best management practices. Minn. Stat. § 103H.201, indicates that health risk limits be calculated as human health-based groundwater standards. Cleanup levels for ground water contamination plumes will be based on managing risk by applying promulgated health risk ground water standards for human receptors and promulgated aquatic life standards for environmental receptors. Minn. Rules ch. 7060, “Underground Waters of the State”, establishes state policy and imposes regulations on pollution of all ground waters in the state. The policy of Minn. Rules ch. 7060 is to preserve these waters for their highest resource value defined as a source of drinking, culinary, or food processing water. For groundwater at the Site the highest priority use would be drinking water, particularly the deeper aquifer. Minn. Rules ch. 7060 also includes a nondegradation goal, prohibition of discharge to saturated zone, limitation on discharge to unsaturated zone, and remediation requirements.

DRAFT


Health Risk Limits (HRLs), adopted by MDH under Minn. Stat. § 103H.201 are applicable cleanup levels for managing ground water contamination and risk to human receptors in compliance with Minn. Rules ch. 7060. The HRLs in Minn. Rules pts. 4717.7100 to 4717.7800, establish the factors and methods used to calculate health risk limits and use those factors and methods to calculate the health risk limit numbers for substances found to degrade Minnesota groundwater. The individual HRL values have been derived to correspond to the target risk levels. When multiple contaminants exist as a site, a mixtures evaluation is required to determine whether the target risk limit for the mixture is exceeded.

Table 2 presents the ground water standards applicable to the Site. Criteria and guideline values are available for some specific contaminants where promulgated values are not available.

I.A.2 Sediment – Ambient Sediment Concentrations (MPCA)

The MPCA is currently in the process of developing ambient sediment concentrations for the St. Louis River estuary. In the meantime, on August 15, 2001, the MPCA staff provided interim ambient sediment concentrations that shall be used in the development of the FS. Preliminary sediment cleanup levels are set forth in the action-specific requirements.

I.A.3 Air - Ambient Air Quality, Minn. Rules ch. 7005 and 7009 (applicable) (MPCA)

Minn. Rules chs. 7005 and 7009 present ambient air quality standards. Limitations on air emissions resulting from cleanup activities are set forth in the action-specific requirements.

I.B STATE LOCATION-SPECIFIC CRITERIA, ADVISORIES, GUIDANCE, AND ARARS

I.B.1 Institutional Controls/Land Use Restrictions- Minn. Stat. § 115B.02, subd. 16(b)(1) (applicable) (MPCA)

A “remedial action” may include “institutional controls” reasonably required to assure that other remedial actions continue to protect the public health and welfare and the environment (Minn. Stat. § 115B.02, subd. 16(b)(1)). “Institutional controls” include “restrictions, conditions, or controls enforceable by contract, easement, restrictive covenant, statute, ordinance, or rule, including official controls such as zoning, building codes, and official maps” as well as “an affidavit required under section 115B.16, subdivision 2.” Existing Institutional controls such as affidavits, recorded easements and restrictive covenants may affect actions taken on the Site.

DRAFT


Use restrictions have been placed on the property at the site. Remediation activities conducted on the Site shall comply with the use restrictions. In summary, the use restrictions state that:

• The property shall be used for industrial purposes only;

• No extraction of the groundwater and excavation below the water table or 12 feet below the existing grade, whichever is shallower, shall be conducted. In addition, wells must not be constructed in the upper most aquifer;

• No disturbance or alteration of any nature whatsoever, specifically including, but not limited to, grading, excavation, boring, drilling, or construction which would expose or disturb the contaminated subsurface of the Property, shall occur on, above or beneath the Property. This restriction does not apply to activities on the Property, including maintenance or repair of existing or future buildings, structures, underground sewer, water, electrical, or telephone services, or installation of fencing and signage, when such activities are not expected to or are not reasonably likely to result in disturbance or intrusion into the subsurface contaminated soil within the Property; and

• Any soil removed from a depth of greater than 3.5 feet below existing grade must be put back in place and properly covered or must be tested and properly disposed of after receiving MPCA approval.

Any activity on or alteration of the Property prohibited by the restrictions shall not occur without prior written approval of the Commissioner of the MPCA.

I.B.2 Shoreland and Floodplain Management - Minn. Rules ch. 6120 (applicable) (DNR)

Minn. Rules ch. 6120 pertains to shoreland alterations or structures. The standards and criteria presented in Minn. Rules ch. 6120 are intended to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of water and related land resources of the state.

I.B.3 Wetlands - Minn. Rules ch. 7050 (applicable) (MPCA and DNR)

Wetlands at the Site are classified as unlisted wetlands in accordance with Minn. Rules pt. 7050.0425 and classified as Class 2D, 3D, 4C, 5 and 6. Compliance with wetland ARARs will involve consultation with the Minnesota Department of Natural Resources (DNR) to determine the category of wetlands present at the site and any avoidance, mitigation, and replacement that may be necessary.

DRAFT


I.B.4 Species that are Endangered, Threatened or of Special Concern - Minn. Rules ch. 6134 (applicable) (DNR)

Minn. Rules ch. 6134 states that “Pursuant to Minnesota Statutes, section 84.0895, the species of wild animals and plants listed in parts 6134.0200 to 6134.0400 are designated as endangered, threatened, or of special concern, as indicated in those parts.” Compliance with this ARAR will involve consultation with the DNR and/or the Natural Resource Trustee representatives for the Site to determine whether there are listed or proposed species or critical habitats present, and, if so, whether any proposed activities will impact such wildlife or habitat. The DNR has identified the Sturgeon as a species of special concern in the St. Louis River estuary and effects on their potential habitat within Slip 7 of the Site.

I.C STATE ACTION-SPECIFIC CRITERIA, ADVISORIES, GUIDANCE, AND ARARS

I.C.1 Water – Water Law and Water Pollution Control Act, Minn. Rules chs. 7050, 7065 (applicable) (MPCA and MDH)

State water quality standards are presented in Section I.A.1. If any activity associated with the remedial actions results in unregulated release, in accordance with the Water Pollution Control Act (see Section I.A.1), Minn. Stat. § 115.061, Duty to Notify, requires notification and recovery of any discharge of pollutants to minimize or abate pollution of the waters of the state. Minn. Rules pt. 7050.021 presents general standards that are applicable for dischargers to waters of the state. In addition, any discharge to intrastate waters of the state lying within the drainage basin of Lake Superior must comply with the effluent standards presented in Minn. Rules ch. 7065. This standard requirement shall be in addition to the standards imposed by any other regulations applying to these waters, and shall supersede any conflicting provisions.

The MPCA is under the process of drafting a memorandum titled: “Application of Surface Water Quality Standards in Sediment Pore Water for the Proposed Construction of a Wetland Cap at the St, Louis River Interlake/Duluth Tar Superfund Site”. This Memorandum will be provided when it is complete.

I.C.2 Wetlands - Minn. Rules ch. 7050, Minn. Stat. §§ 103A and 103G (applicable) (MPCA, DNR, Board of Water and Soil Resources and local unit of government)

As stated previously, wetlands at the Site are classified as unlisted wetlands in accordance with Minn. Rules pt. 7050.0425 and classified as Class 2D, 3D, 4C, 5 and 6. Compliance with wetland ARARs will involve consultation with the DNR to determine the category of wetlands present at the site and any avoidance, mitigation, and replacement that may be necessary. Avoidance, mitigation, or replacement activities would be conducted by the persons who implement any selected remedy. Avoidance,

DRAFT


mitigation and replacement of wetlands must be addressed in remedy selection and implementation as a regulatory matter, and may also be the subject of natural resources damages claims, which are separate from the remedial action requirements of MERLA. The following are excerpts and summaries from Minn. Statutes and Rules that are applicable or relevant and appropriate to the wetlands at the Site.

Minn. Stat. § 103A.201, Subd. 2 provides that: (b) The legislature finds that the wetlands of Minnesota provide public value by conserving surface waters, maintaining and improving water quality, preserving wildlife habitat, providing recreational opportunities, reducing runoff, providing for floodwater retention, reducing stream sedimentation, contributing to improved subsurface moisture, helping moderate climatic change, and enhancing the natural beauty of the landscape, and are important to comprehensive water management, and that it is in the public interest to:

(1) achieve no net loss in the quantity, quality, and biological diversity of Minnesota's existing wetlands;

(2) increase the quantity, quality, and biological diversity of Minnesota's wetlands by restoring or enhancing diminished or drained wetlands;

(3) avoid direct or indirect impacts from activities that destroy or diminish the quantity, quality, and biological diversity of wetlands; and

(4) replace wetland values where avoidance of activity is not feasible and prudent.

The Wetlands Conservation Act (Minn. Stat. §§ 103G.221-.2373) pertains to the protection of wetlands. Minn. Stat. § 103G.211 specifies that the drainage of public waters is generally prohibited without replacement. Except as provided in sections 103G.221 to 103G.235 for public waters wetlands, public waters may not be drained, and a permit authorizing drainage of public waters may not be issued, unless the public waters to be drained are replaced by public waters that will have equal or greater public value. Minn. Stat. §§ 103G.221-103G.222 pertains to mitigation activities associated with disturbance of wetlands.

I.C.3 Sediment (MPCA)

The MPCA is currently developing standards for the bioactive zone and preliminary remediation requirements for sediment. The preliminary remediation requirements will be provided when they are complete.

I.C.4 Air – Minn. Stat. § 116.061 and Minn. Rules chs. 7005, 7007, 7009, 7011, 7017, 7019 (applicable) (MPCA)

Air quality standards applicable to releases into the air from cleanup activities include Minn. Stat. § 116.061, Air Pollution Emissions and Abatement. Authority to adopt air quality standards and rules is found in Minn. Stat. § 116.07 subd. 2, 4, and 4a. In

DRAFT


addition, applicable air pollution requirements can be found in MPCA air quality Rules (Minn. Rules chs. 7005, 7007, 7009, 7011, 7017, 7019). Minn. Rules chs 7005 and 7009 present ambient air quality standards. Air quality criteria, guidance and standards are presented below.

Pollutant/Air Contaminant

Primary Standard Secondary Standard Remarks

Particulate Matter 75 micrograms per cubic meter

60 micrograms per cubic meter

Maximum annual geometric mean



Maximum 24 hour concentration not to be

exceeded more than once per year

Naphthalene (1)

(1) A draft naphthalene memorandum for the SLRIDT Site is included as Appendix 1 to this document.

Minn. Stat. § 116.061 Subd. 1. Emission notification required.

(a) A person who controls the source of an emission must notify the agency immediately of excessive or abnormal unpermitted emissions that:

(1) may cause air pollution endangering human health;

(2) may cause air pollution damaging property; or

(3) cause obnoxious odors constituting a public nuisance.

(b) If a person who controls the source of an emission has knowledge of an event that has occurred and that will subsequently cause an emission described in paragraph (a), the person must notify the agency when the event occurs.

See Section I.C.6 for discussion on air quality permits that may be applicable to the Site.

I.C.5 Noise Pollution - Minn. Rules ch. 7030 (applicable) (MPCA)

Minn. Rules ch. 7030 presents noise pollution standards for limiting levels of sound and are applicable to noise pollution that may occur as a result of implementing a remedial action. Two noise area classifications are applicable to this Site: Classification 1 - residential and Classification 3 - manufacturing and industry. The following table presents the applicable daytime and nighttime compliance levels.

Noise Area Classification Daytime Nighttime L50 L10 L50 L10 1 60 65 50 55

DRAFT


3 75 80 75 80 Notes: Daytime means those hours from 7:00 a.m. to 10:00 p.m.

Nighttime means those hours from 10:00 p.m. to 7:00 a.m. L10 means the sound level, expressed in dB(A), which is exceeded ten percent of the time for a one hour survey, as measured by test procedures approved by the commissioner. L50 means the sound level, expressed in dB(A), which is exceeded 50 percent of the time for a one hour survey, as measured by test procedures approved by the commissioner. dB(A) means a unit of sound level expressed in decibels (dB) and A-weighted. Decibel means a unit of sound pressure level, abbreviated as dB.

Compliance point. The compliance location will be determined at a later date but will be selected in accordance with Minn. Rule 7030.

I.C.6 Permits – Minn. Rules 7001 and Minn. Stat. § 116.081 (applicable or relevant and appropriate) (MPCA, DNR)

Permits may be necessary depending on the actions taken at the site and depending on whether the CERCLA permit exemption applies to the response action. If actions taken could potentially result in the migration of impacted materials off-site such as the transport of materials through air, water, or overland flow, the MPCA will generally require a permit. Under CERCLA, Section 121 (e)(2), no federal, state, or local permits are required for removal or remedial action conducted entirely onsite, where the action is selected and carried out in compliance with Section 121. The term “on-site” for the purposes of the permit requirements means that the areal extent of contamination and all suitable areas in very close proximity to the contamination necessary for implementation of the response action. MPCA will take these provisions into account in determining whether permits are required. Response actions that do not require a permit must still comply with all substantive requirements applicable to such actions. Permits, if required, shall be obtained for all response activities conducted off-site.

Minn. Rule 7001 provides the general procedures and conditions for permits and certifications (except air quality). Permits that are applicable or relevant and appropriate to remedial actions associated with the Site are discussed in the following paragraphs.

Direct Discharge to Surface Waters

Minn. Stat. § 115.03, provides that MPCA may require a permit for any discharge to the waters of the State. This includes National Pollutant Discharge Elimination System (NPDES) permits for discharge of pollutants into surface waters (covered in I.A.1), including storm water discharge permits and State Section 401 Certifications (Minn. Stat. § 115.03 subd. 4a). See also Minn. Rules 7001.1013, 7001.1035, 7001.1470 on NPDES and storm water permits and Section 401 Certifications.

Additional rules for discharge to waters of the state and effluent standards for disposal systems can be found in Minn. Rules pt. 7050 and 7065.

Discharge to Publicly Owned Treatment Works (POTWs)

DRAFT


The discharge of wastewaters to POTWs is considered an off-site activity. Therefore, permits would be required to discharge contaminants into public sewers. If the contaminated water is sewered, it would be required to meet standards for discharge to the Western Lake Superior Sanitary District (WLSSD). Pretreament may be necessary to comply with permit conditions. See Minn. Rule 7045.0305, Minn. Rule 4715.160, and 40CFR § 403.8 (see Section II.C.2).

Dredge and Fill

Minn. Stat. § 103G.127 permit program under Section 404 of the federal Clean Water Act provides that the MPCA commissioner, with the concurrence of the board of water and soil resources and the commissioner of agriculture, “may adopt rules establishing a permit program for regulating the discharge of dredged and fill material into the waters of the state as necessary to obtain approval from the United States Environmental Protection Agency to administer the permit program under section 404 of the federal Clean Water Act, United States Code, title 33, section 1344.”

State Disposal System (SDS) permit (see Minn. Stat. § 115.07, subd. 1 and Minn. Rules ch. 7001) would be required for dike and CDF/CAD construction. The discharge of clarified dredgewater to the St. Louis River would be regulated under Class 2 water standards as part of the SDS permit. If, using the best available technology, clarified dredgewater cannot meet water quality standards as specified in Section I.A., a variance or waiver may be necessary for discharge to the St. Louis River (see section I.C.12 Variance).

In addition, because the site is within public waters as defined in Minn. Stat. ch. 103G, a Protected Waters Work Permit under Minn. Stat. § 103G.245 is required to change the course, cross section, or level of public waters within the Site (see Minn. Rules pt. 6105.0420). Other laws pertaining to the DNR public waters work permit law are Minn. Stat. §§ 103G.301, 103G.305, 103G.311, and 103G.315. The DNR issues Protected Waters Work Permits (see Minn. Rules ch 6115, rules governing filling and excavating in protected waters) and an environmental assessment worksheet or an environmental impact statement (EIS) may be required prior to issuance of a protected waters work permit. Minn. Rules pt 6115.0160 state that permits shall be required for any activity affecting the course, current, or cross-section of public waters unless specifically exempted within these rules. Minn. Rules pt 7050.0186 also provides guidelines for wetland mitigation for permits and certifications.

Air and Solid or Hazardous Waste Management Permits

Air emissions and solid or hazardous waste management permits that may be applicable to the site can be found in Minn. Stat. §§ 116.07, subds. 4 and 4a, and 116.081 subd. 1.

I.C.7 Relocation as Part of the Remedy (MPCA)

Relocation may be required for certain alternatives. MPCA has not yet determined what criteria or standards would apply to relocation.

DRAFT


I.C.8 Solid and Hazardous Waste - Minn. Rules chs. 7035 and 7045 (applicable) (MPCA)

The contamination in the SedOU at the Site is primarily a result of discharges from pig iron and coking plants, a water/gas plant and tar and chemical companies use of by-products of the iron companies’ coking operations to make other products, including tar paper and shingles. Several contaminants of concern are on the Resource Conservation and Recovery Act (RCRA)RCRA hazardous waste list presented in Table 3. This waste may not be RCRA hazardous waste, although MPCA reserves its rights to make a more formal determination in this regard at a later date. For any active management (i.e., treatment, storage, disposal, or in-situ treatment) or removal of sediments determined to be hazardous wastes, the following requirements are ARARs: Hazardous Waste (Minn. Rules ch. 7045) Hazardous Waste listing and generator, transport, and facility standards. Solid Waste (Minn. Rules ch. 7035) Requirements and Standards for Solid Waste Facilities apply to off-site disposal of sediments determined to be solid wastes.

I.C.9 Shoreland and Floodplain Management - Minn. Rules ch. 6120 (applicable) (DNR)

Minn. Rules ch. 6120 pertains to shoreland alterations or structures. Minn. Rules pt. 6120.2600 provides the following policy “The uncontrolled use of shorelands adversely affects the public health, safety, and general welfare by contributing to pollution of public waters and by impairing the local tax base. In furtherance of the policies declared in Minnesota Stat. chs. 105, 115, 116, 394, 396, and 462, the commissioner provides the following minimum standards and criteria for the subdivision, use, and development of the shorelands of public waters. The standards and criteria are intended to preserve and enhance the quality of surface waters, conserve the economic and natural environmental values of shorelands, and provide for the wise use of water and related land resources of the state.”

I.C.10 Water Well Code and Plumbing Code - Minn. Rules chs. 4725 and 4715 (applicable) (MDH)

Ground water and remedy compliance monitoring using soil/sediment borings and/or monitoring wells must comply with Minn. Rules ch. 4725. Minn. Rules pts. 4725.0210 to 4725.3875, applies to well and boring construction, use, maintenance, and sealing and are enforced by the MDH. In accordance with Minn. Rules pt. 4725.0050. “This chapter is adopted according to and must be read in conjunction with Minnesota Stat. ch. 103I, relating to wells, borings, and underground uses.”

Minn. Rules ch. 4715, pertains to the use of public sewer and water systems and plumbing materials and methods and may be applicable standards if the public sewer system is needed for the disposal of water associated with remedial activities.

DRAFT


I.C.11 Institutional Controls - Minn. Stat. § 115B.02 (applicable) (MPCA)

In accordance with Minn. Stat. § 115B.02, subd. 16(b)(1) a “remedial action” may include “institutional controls” reasonably required to assure that other remedial actions continue to protect the public health and welfare and the environment. “Institutional controls” include “restrictions, conditions, or controls enforceable by contract, easement, restrictive covenant, statute, ordinance, or rule, including official controls such as zoning, building codes, and official maps” as well as “an affidavit required under section 115B.16, subdivision 2.”

Once remediation activities are complete containment facilities and residual contamination may remain. For this reason, restrictive covenants and/or easements may be required under Minn. Stat. § 115B.17, subd. 15. Restrictive covenants impose use limitations that will apply to specific areas (e.g. prohibition on excavation in the containment or sediment management areas and in areas where residual contamination remains). Any future activities would need to be conducted in accordance with all restrictions to ensure that the containment facility(ies), sediment management areas, and residual contamination would not be disturbed in such a way as to pose a risk to human health or the environment. The RPs and the MPCA staff would develop the restrictive covenants for the containment facility(ies) and sediment management areas, to be filed with the St. Louis County property records by the landowners. The restrictive covenants could also restrict future use changes at the Site without further cleanup.

In addition, accordance with Minn. Stat. § 115B.16, subd. 2, it would be necessary for the RPs and the MPCA to develop an Affidavit Concerning Real Property Contaminated with Hazardous Substances (Affidavit) to be recorded with the county recorder of St. Louis County by the owner of the property. The Affidavit will include a description of the property including: the location of the property and its street address; a registered or recorded survey of the property that includes the areas of contamination; a precise description of the nature and extent of remaining contamination.

I.C.12 Variance Rules Minn. Rules chs. 7000 7050 7052 4725 4720 and Minn. Stat. § 116.02 (applicable or relevant and appropriate) (MPCA, MDH)

If a variance is necessary from any standard, rule or statute, procedures for requesting a variance can be found in Minn. Rules pt. 7000.7000. Specific rules for variances from state water quality standards can be found in Minn. Rules pt. 7050.0190; GLI standards in Minn. Rules pt. 7052.0820; well and boring construction in Minn. Rules pt. 4725.0410; surface water construction standards. Minn. Rules pt. 4720.3970. Some variances require MPCA Board approval (see Minn. Stat. § 116.02, subd.6, clauses 4(i) and (6)).

DRAFT


II FEDERAL CRITERIA, ADVISORIES, GUIDANCE AND ARARS

ARARs include federal standards that are more stringent than state ARARS. Duplicative or less stringent federal standards will be deleted as appropriate when the final determination of ARARs is presented in the ROD.

II.A FEDERAL CONTAMINANT SPECIFIC CRITERIA, ADVISORIES, GUIDANCE AND ARARS

II.A.1 Groundwater Standards - Safe Drinking Water Act (relevant and appropriate) (EPA)

The National Primary and Secondary Drinking Water Standards (40 CFR Parts 141-143), better known as MCLs and MCLGs, are not applicable to the Site SedOU because the aquifer underlying the area is not a current public water system, as defined in the Safe Drinking Water Act. 42 U.S.C. § 300f(4). These standards are relevant and appropriate standards, however, because the groundwater in the area is a potential source of drinking water. Groundwater from the deep aquifer artesian wells has, in the past, been used as a drinking water source. The MCL and MCLG standards are promulgated pursuant to both federal and state law (see section 1.A.1 for additional discussion) and are presented in Table 2.

Use of these standards for this action is fully supported by EPA regulations and guidance. The preamble to the NCP clearly states that MCLs are relevant and appropriate for groundwater that is a current or potential source of drinking water (55 Fed.Reg.8750, March 1990), and this determination is further supported by requirements in the regulations governing conduct of the RI/FS studies found at 40 CFR § 300.430 (e)(2)(i)(B). EPA’s guidance on Remedial Action for Contaminated Groundwater at superfund Sites states that “MCLs developed under the Safe Drinking Water Act generally are ARARs for current or potential drinking water sources.” MCLGs which are above zero are relevant and appropriate under the same conditions (55 Fed. Reg. 8750-8752 March 8, 1990). See also. State of Ohio v. EPA. 997 F.2d 1520 (D.C Cir. 1993), which upholds EPA’s application of MCLs and non-zero MCLGs as ARAR standards for groundwater which is a potential drinking water source.

II.A.2 Surface Water – Ambient and Point Source Discharges – Clean Water Act (applicable or relevant and appropriate) (EPA)

Growing public awareness and concern for controlling water pollution led to enactment of the Federal Water Pollution Control Act Amendments of 1972. As amended in 1977, this law became commonly known as the Clean Water Act. The Act established the basic structure for regulating discharges of pollutants into the waters of the United States. It gave EPA the authority to implement pollution control programs such as setting wastewater standards for industry. The Clean Water Act also continued requirements to set water quality standards for all contaminants in surface waters. The Act made it

DRAFT


unlawful for any person to discharge any pollutant from a point source into navigable waters, unless a permit was obtained under its provisions. It also funded the construction of sewage treatment plants under the construction grants program and recognized the need for planning to address the critical problems posed by nonpoint source pollution. Standards of performance are presented in Clean Water Act 33 U.S.C. §§ 1251 et seq.

CERCLA and the NCP provide that federal water pollution criteria that match designated or anticipated surface water uses are the usual surface water standards to be used at Superfund cleanups, as relevant and appropriate standards, unless the state has promulgated surface water quality standards pursuant to the delegated state water quality act. The State of Minnesota has designated uses for the St. Louis River, and has promulgated specific numeric water quality standards accordingly. Those standards as well as other surface water standards, are included in the State ARARs identified in Section I. These standards will be applied to all chemicals of concern identified in the Sediment Operable Unit remedial investigation, both as point sources affected or created by the remedial actions and to ambient water in the Sediment Operable Unit. If the state standards are changed to be less stringent than the existing Federal standards; then the Federal standards will be identified as the appropriate ARAR.

II.A.3 Air Standards – Clean Air Act (applicable) (EPA)

Federal air quality standards (Clean Air Act 42 U.S.C. §§ 7401 et seq) are applicable. Limitations on air emissions resulting from cleanup activities or emissions resulting from wind erosion of exposed hazardous substances are set forth in the action-specific requirements.

II.B FEDERAL LOCATION-SPECIFIC CRITERIA, ADVISORIES, GUIDANCE AND ARARS

II.B.1 Fish and Wildlife Coordination Act (applicable or relevant and appropriate) (USFWS, DOI)

These standards are found at 16 U.S.C. § 661 et seq. and 40 CFR § 6.302 (g). They require that federally funded or authorized projects ensure that any modification of any stream or other water body affected by a federally funded or authorized action provide for adequate protection of fish and wildlife resources.

II.B.2 Floodplain Management Order (applicable or relevant and appropriate) (USFWS, DOI)

This requirement (40 CFR Part 6, Appendix A, Executive order No 11.988) mandates that federally funded or authorized actions within the 100-year floodplain avoid, to the maximum extent possible, adverse impacts associated with development of a floodplain.

DRAFT


Compliance with this requirement is detailed in EPA’s August 6, 1995 “Policy on Floodplains and Wetlands Assessment for CERCLA Actions”

II.B.3 Protection of Wetlands Order (applicable or relevant and appropriate) (USFWS, DOI)

This requirement (40 CFR Part 6, Appendix A, Executive order No 11.990) mandates that federal agencies and RPs avoid, to the extent possible, the adverse impacts associated with the destruction or loss of wetlands and to avoid support of new construction in wetlands if a practicable alternative exists. Section 404(b)(1), 33 U.S.C. § 1344(b)(1), also prohibits the discharge of dredged or fill material into waters of the United States. Together, these requirements create a “no net loss” of wetlands standard.

II.B.4 The Endangered Species Act (applicable or relevant and appropriate) (USFWS, DOI)

This statute and implementing regulations (16 U.S.C. §§ 1531 – 1544, 50 CFR Part 402, and 40 CFR § 6.302(h)) require that any federal activity or federally authorized activity may not jeopardize the continued existence of any threatened or endangered species or destroy or adversely modify a critical habitat. It does not require that such activities provide for the continued existence or propagation of such species – only that actions proposed for the selected response actions do not adversely affect the threatened or endangered species or its habitat (EPA 1989).

II.B.5 Migratory Bird Treaty Act (applicable or relevant and appropriate) (USFWS)

This requirement (16 U.S.C. § 703 et. seq.) establishes a federal responsibility for the protection of the international migratory bird resource.

II.B.6 Bald Eagle Protection Act (applicable or relevant and appropriate) (USFWS)

This requirement (16 U.S.C. § 668 et.seq.) establishes a federal responsibility for protection of bald and golden eagle.

II.B.7 Resource Conservation and Recovery Act (relevant and appropriate) (EPA)

Any discrete waste units created or actively managed by the site cleanup much comply with the siting restrictions and conditions at 40 CFR § 264.18 (a) and (b). These sections require management units to be designed, constructed, operated, and maintained to avoid washout, if they are within or near the current 100-year floodplain.

DRAFT


II.C FEDERAL ACTION-SPECEFIC CRITERIA, ADVISORIES, GUIDANCE AND ARARs

II.C.1 Water Quality (applicable or relevant and appropriate) (EPA)

If point sources of water contamination are retained or created by any Site OU remediation activity, applicable Clean Water Act standards would apply to those discharges. The regulations are discussed in Section II.A and in the State ARARs identified in Section I. These regulations would include storm water run-off regulations found at 40 CFR Parts 121, 122, and 125 (general conditions and industrial activity conditions). These would also include requirements for best management practices and monitoring found at 40 CFR §§ 122.44(i) and 440.148, for point source discharges.

Regulations found at the Clean Water Act § 404 (33 U.S.C. § 1344) 40 CFR 230, and 40 CFR 320-330 pertaining to dredge and fill discharges to waters of the U.S., mitigation of wetlands. Regulations in 40 CFR 230 address conditions or prohibitions against depositing dredge and fill material into water of the United States. Compliance with this requirement will be achieved at the site of the dredge and fill activity within the Site SedOU during construction activities.

The State of Minnesota has designated uses for the St. Louis River, and has promulgated specific numeric water quality standards accordingly. Those standards as well as other surface water standards, are included in the State ARARs identified in Section I. These standards will be applied to all chemicals of concern identified in the SedOU remedial investigation, both as point sources affected or created by the remedial actions and to ambient water in the SedOU. If the state standards are changed to be less stringent than the existing Federal Water Quality Criteria; then the Federal Water Quality Criteria will be identified as the appropriate ARAR.

II.C.2 Permits (applicable or relevant and appropriate (EPA)

Direct Discharge to Surface Waters

Clean Water Act § 401 (33 U.S.C. § 1341) 40 CFR 121 pertaining to dredge and fill discharges to waters of the U.S. permitting, certification and authority for dredging activities (State Citation: Minn.Rules ch. 7001, State Section 401 Certification).

Discharge to Public Owned Treatment Works

POTWs have pretreatment programs for industrial waste water (40CFR § 403.8) where they are required to control through permit, order, or similar means, the contribution to the POTW by each Industrial User to ensure compliance with applicable Pretreatment Standards and Requirements.

Dredge and Fill

DRAFT


Section 10 of the Rivers and Harbors Act (see 33 U.S.C. § 403) prohibits the unauthorized obstruction or alteration of any navigable waters of the United States. Navigable waters of the U.S. are defined as waters that are subject to the ebb and flow of the tide shoreward to the mean high water mark and/or are presently used, or have been used in the past or may be susceptible to use to transport interstate or foreign commerce. Structures or work in, above, or under navigable waters are regulated under Section 10. Examples of activities include dredging, filling, installation of pilings, and construction of structures such as berms, levees, coffer dams, and piers.

Section 404 of the Clean Water Act regulates the discharge of dredged or fill material to waters of the United States. Federal jurisdiction under Section 404, that is, waters of the U.S., is broader than that under Section 10 of the Rivers and Harbors Act and includes all waters of the U.S. including wetlands, the use of which could affect interstate commerce. Examples of the discharge of dredged or fill material regulated by Section 404 include (a) disposal of dredged material in wetlands, (b) capping, and (c) construction of berms and levees. It is important to note that while the act of excavation and/or dredging is not regulated under Section 404, the deposition of dredged or excavated materials in waters of the U.S. is a regulated activity under Section 404.

The US Army Corps of Engineers (USACE) evaluates applications for permits for activities regulated under Section 10 of the Rivers and Harbors Act and Section 404 of the Clean Water Act. A state agency may also be authorized to issue CWA § 404 permits in lieu of the USACE for certain “State regulated waters.” See 40 CFR Part 233. Protection of wetlands and other aquatic habitats is one of the primary goals of the dredge and fill permits. EPA also reviews Section 404 permit applications for compliance with the Guidelines as well as other Clean Water Act provisions.

For dredging a Section 404 permit (see 33 U.S.C. § 1344), the accompanying Section 401 certification (see 33 U.S.C. § 1341), would be obtained from the USACE, and the MPCA, respectively.

II.C.3 Solid Waste (potentially applicable) and RCRA (potentially relevant and appropriate) Requirements (EPA)

The contamination in the SedOU at the Site is primarily a result of discharges from pig iron and coking plants, a water/gas plant and tar and chemical companies use of by-products of the iron companies’ coking operations to make other products, including tar paper and shingles. Several contaminants of concern are listed RCRA hazardous constituents (Table 3).

This waste may not be RCRA hazardous waste, although MPCA reserves its rights to make a more formal determination in this regard at a later date. Because the state of Minnesota has an authorized RCRA program, the State’s promulgated RCRA requirements will replace the equivalent Federal requirements as potentially ARAR. For any active management (i.e., treatment, storage, disposal, or in-situ treatment) or removal of sediments the relevant and appropriate requirements are described in 40 CFR § 257.3-

DRAFT


1, 257.3-2, 257.3-3, and 257.3-4. Transportation of Hazardous or Contaminated Waste is a relevant and appropriate requirement. 40 CFR Part 263 establishes regulations for the transportation of hazardous waste and would govern any on-site transportation of contaminated material. Any off-site transportation would be fully subject to applicable regulations and permitting.

III OTHER CRITERIA, ADVISORY, AND GUIDANCE

The Wetland Policy, Minn. Stat. § 103A.202 shall be considered when selecting a remedy. The Wetland Policy provides that “The legislature finds that it is in the public interest to preserve the wetlands of the state to conserve surface waters, maintain and improve water quality, preserve wildlife habitat, reduce runoff, provide for floodwater retention, reduce stream sedimentation, contribute to improved subsurface moisture, enhance the natural beauty of the landscape, and promote comprehensive and total water management planning.”

The MPCA Site Response Section Guidance Document, September 1998 and subsequent revisions and additions shall be considered in the selection and implementation of any remedy. One recent addition is the MPCA Remediation Programs Working Draft Surface Water Pathway Evaluation User’s Guide, December 12, 2000

Health Based Values (HBVs), pages 8-49: HBVs are developed by the MDH for substances or chemicals that have been detected in ground water and have adequate toxicological data but were not included in the HRL rule.

Compliance Points, pages 5-79: The goal of establishing effective compliance point is to generate data which will evaluate plume stability and provide an early warning if contaminants are migrating within an aquifer toward potential receptors at concentrations which exceed the cleanup levels for the Site. At this Site potential receptors include other aquifers, surface water, benthic invertebrates.

MPCA Remediation Programs Working Draft Surface Water Pathway Evaluation User’s Guide, December 12, 2000 presents information on criteria and guideline values. Criteria and guideline values are available for some specific contaminants where promulgated values are not available. In order to use these numbers, the MPCA will determine the applicability of the criterion or guideline to their particular site. Guideline values and criteria include:

1. Numbers for contaminants with no existing criterion or standard and where there is sufficient risk information to generate such a number;

2. Numbers for new MCL available but not adopted into Minn. Rules ch. 7050 yet; and

3. Aquatic life guidelines and surface water wildlife-based criteria.

DRAFT


It is the policy of the MPCA to only accept chemical analytical data generated by a Minnesota certified laboratory in accordance with Minn. Stat. § 144.98, Certification of Environmental Laboratories providing MDH the authority to certify environmental laboratories.

Occupational safety and health standards for worker health, safety, and training are applicable (Department of Labor and Industry, Minn. Rules ch. 5205)

Property Use (MPCA). Minn. Stat. § 115B.17, subd. 2a provides that “In determining the appropriate cleanup standards to be achieved by response action taken or requested under this section to protect public health and welfare and the environment from a release or threatened release, the commissioner shall consider the planned use of the property where the release or threatened release is located.” The current property use can be summarized as the following: Stryker Embayment is a shallow water embayment with emergent wetlands at the north end of the embayment. Boat Slip 6 is a deep-water environment, used for loading and unloading ships. Keene Creek Bay/Boat Slip 7 is emergent wetlands and shallow water environment grading into deep-water environment. The upland portion of the Site is zoned for industrial use. Residences are located west of the Site on the 63rd Avenue Peninsula, and to the north of the railroad tracks. Planned property use shall be taken into consideration in evaluating and selecting a remedy. Two documents that present planned property use are the Harbor Management Plan and the West Duluth Opportunities for Change. The West Duluth Opportunities for Change recommended Options for Land and Housing Report, prepared by the West Duluth Citizens Plan Steering Committee and the City of Duluth, May 1987 and subsequent revisions shall be considered when evaluating the current and planned property use at the site.

IV REFERENCES

Minnesota Pollution Control Agency (MPCA) 1998, Draft Guidelines, Introduction and Overview of the Risk-Based Site Evaluation Manual Volume 1, September. United States Environmental Protection Agency (EPA) 1988, CERCLA Compliance with Other Laws Manual, Draft Guidance, OSWER Directive 9234.1-01, August.

EPA 1989 CERCLA Compliance with Other Laws Manual: Part II. Clean Air Act and Other Environmental Statutes and State Requirements. OSWER Directive 9234.1-02, August.

Agreement

CERCLA Compliance with Other Laws Manual. Volumes I and II: Office of Solid Waste and Emergency Response (OSWER) Directives 9234.1-01 and – 02 (August 1988 and August 1989 respectively);

Questions and Answers Regarding the 1990 NCP (February 1990);

Table 1Applicable or Relevant and Appropriate Requirements

St. Louis River/Interlake/Duluth Tar Superfund Site

Draft

State Criteria, Advisories, Guidance, and ARARs by section State Citation Authority

Applicable or Relevant and

Appropriate or TBCPotential Application

State Contaminant-Specific Water

The Water LawMinn. Stat. chs. §§ 103A, 103B, 103C,103D, 103,E, 103F, and 103G MPCA, DNR, MDH Applicable

Surface and ground water and remedial action

Water Pollution Control Act Minn. Stat. §§ 115.01 to 115.09 MPCA ApplicableSurface and ground water and remedial action

State Water Quality Standards Minn. Rules ch. 7050 MPCA, MDH ApplicableSurface water, wetlands, and remedial action

Great Lakes Initiative (Lake Superior Standards) Minn. Rules ch. 7052 MPCA Applicable surface water and remedial action

Interstate Waters of Lake Superior Basin Minn. Rules ch. 7065 MPCA Applicable surface water and remedial action

Public Water SupplyMinn. Rules pts. 4720.0020 to 4720.3970 MDH Relevant and Appropriate surface water and remedial action

Health Risk LimitsMinn. Rules pts. 4717.7100 to 4717.7800 MDH Applicable surface water and remedial action

Underground Waters of the State Minn. Rules ch. 7060 MPCA, MDH Applicable surface water and remedial action

Ground Water Protection Act Minn. Stat. ch. 103H MPCA, MDH Applicable surface water and remedial action

SedimentAmbient Sediment Concentrations MPCA sediment remedial actions

AirAmbient Air Quality Standards Minn. Rules ch. 7005, 7009 MPCA Applicable ambient air quality standards

State Location-Specific

Institutional Controls Minn. Stat. § 115B.02, subd. 16(b)(1). MPCA Applicable CDF and cappingShoreland and Floodplain Management Minn. Rules ch. 6120 DNR Applicable dredging and cappingWetland classifications Minn. Rules pt. 7050.0425 MPCA, DNR Applicable wetland classificationSpecies that are Endangered, Threatened or of Special Concern Minn. Rules ch. 6134 DNR Applicable Sturgeon and its habitat

Att 5 Table 1.xlsSheet1 1 2/19/03



Draft

State Action-Specific

Water (see Chemical-Specific also)

Duty To Notify Minn. Stat. § 115.061 MPCA Applicable releases during remediationRules for Dischargers to Waters of the State Minn. Rules pt. 7050.021 MPCA, MDH Applicable remediationEffluent Standards for Disposal Systems Minn. Rules ch. 7065 MPCA, MDH Applicable remediation

WetlandsWetland findings; public interest Minn. Stat. § 103A.201 DNR Applicable wetland mitigation

Wetland Mitigation Minn. Stat. § 103G.221-.222

DNR, Board of Water and soil Resources, local gov

Applicable wetland mitigation

Wetland Mitigation Minn. Rules pt. 7050.0816 MPCA Applicable wetland mitigation

Sediment MPCA residual sediment concentrations

AirAir Pollution and Emissions and Abatement Minn. Stat. § 116.061 MPCA Applicable air quality during remediation

Air Pollution StandardsMinn. Rules chs. 7005, 7007, 7009, 7011,7017, 7019 MPCA Applicable air quality during remediation

Noise Pollution Minn. Rules ch. 7030 MPCA Applicable noise during remediation

Permits Minn. Rules ch. 7001 MPCAApplicable or Relevant and Appropriate

Discharge to Waters of the State Minn. Stat. ch. 115 MPCAApplicable or Relevant and Appropriate dredging and capping

National Pollutant Discharge Elimination System Minn. Stat. § 115.03 MPCAApplicable or Relevant and Appropriate dredging and capping

Discharge to POTWsMinn. Rule 7045.0305, 4715.160; 40CFR § 403.8 MPCA

Applicable or Relevant and Appropriate dredging and capping

Dredge and Fill

Minn. Stat. § 115.03 subd. 4a, State Section 401 Certification; Minn. Stat. § 103G.127(permit program under 404 of the federal Clean Water Act

MPCAApplicable or Relevant and Appropriate dredging and capping

State Disposal System Minn. Stat. § 115.07 MPCAApplicable or Relevant and Appropriate dredging and capping

Work in Public Waters (1)Minn. Stat. §§ 103G.245, 103G.301, 103G.305, 103G.311, and 103G.315 DNR


Protected Waters/Water Appropriation (1) Minn. Rules ch. 6115, Minn. Stat. § 103G.245 DNR





Draft

Wetland Mitigation Permits and Certifications Minn. Rules pt. 7050.0186 DNRApplicable or Relevant and Appropriate wetland mitigation

Air Emissions and Waste Management Permits Minn. Stat. §§ 116.07 subd 4 and 4a and 116.081 subd. 1.

MPCA Applicable or Relevant and Appropriate

dredging and capping




Draft

Relocation as Part of the Remedy MPCA dredging and cappingSolid and Hazardous Waste

Hazardous Waste Minn. Rules ch. 7045 MPCA Applicable dredging and cappingSolid Waste Minn. Rules ch. 7035 MPCA Applicable dredging and capping

Shoreland and Floodplain Management Minn. Rules ch. 6120 DNR Applicable dredging and cappingWater Well Code and Plumbing Code

Wells and BoringsMinn. Rules ch. 4725 and Minn. Stat. ch. 103I MDH Applicable

groundwater and remedy compliance monitoring

Pubic Sewer and Water systems Minn. Rules ch. 4715 MDH Applicable discharge of dredgewater

Institutional ControlsMinn. Stat. §§§ 115B.02 subd. 16(b)(1); 115B17 subd. 15; 115B.16 subd. 2

MPCA Applicable Dredging, CDF, and Capping

Variance RulesMinn. Rules pt. 7000.7000 and Minn. Stat § 116.02, subd. 6 MPCA, MDH

Applicable or Relevant and Appropriate

Water Quality StandardsMinn. Rules pts 7050.0190; and/or 7052.0280 MPCA

Applicable or Relevant and Appropriate groundwater and surface water

Well and Boring Construction Minn. Rules pt. 4725.0410 MDHApplicable or Relevant and Appropriate


Surface Water Construction Minn. Rules pt. 4720.3970 MDH Applicable or Relevant and Appropriate

remedial actions and remedy compliance monitoring




Draft

Federal Criteria, Advisories, Guidance and ARARs (2) Federal Citation Authority


Potential Application

Federal Contaminant-SpecificWater

National Primary and Secondary Drinking Water Regulations CFR 40 pts. 141-143 EPA Relevant and Appropriate


Safe Drinking Water Act 42 USC § 300f(4) EPAApplicable or Relevant and Appropriate


MCLs and MCLGs 55 Fed. Reg. 8750 - 8752 Relevant and Appropriategroundwater and remedy compliance monitoring

Clean Water Act 33 USC § 1251 EPAApplicable or Relevant and Appropriate

surface water, groundwater and remedy compliance monitoring

Air

Clean Air Act 42 USC § 7401 EPAApplicable or Relevant and Appropriate ambient air quality standards

Federal Location-Specific

Fish and Wildlife Coordination Act 16 USC §§ 661 and 40 CFR § 6.302(g) USFWS, DOI

Applicable or Relevant and Appropriate Fish and wildlife resources

Floodplain Management Order40 CFR § 6.302(b) and Appendix A, Executive order No. 11.988 USFWS, DOI

Applicable or Relevant and Appropriate Floodplain

Protection of Wetlands

Wetland Protection40 CFR § 6.302(a) and Appendix A, Executive Order No. 11.990 USFWS, DOI

Applicable or Relevant and Appropriate wetlands

Prohibits discharge of dredged or fill materials into waterof the US.

Section 404(b)(1), 33 USC § 1344(b)(1) USFWS, DOI

Applicable or Relevant and Appropriate wetlands

Endangered Species Act16 USC §§ 1531-1544, 50 CFR Part 402, and 40 CFR § 6.302(h) USFWS, DOI


Endangered species and their habitat and food chain

Migratory Bird Treaty Act 16 USC § 703 USFWSApplicable or Relevant and Appropriate habitat and food chain

Bald Eagle Protection Act 16 USC § 668 USFWSApplicable or Relevant and Appropriate habitat and food chain

RCRA 40 CFR § 264.18 (a) and (b) EPA Relevant and Appropriate CDF and capping




Draft

Federal Action-SpecificWater (see Chemical-Specific ARARs also) EPA

Point Source Contamination (State NPDES program) 40 CFR pts 121, 122, and 125 EPAApplicable or Relevant and Appropriate

Surface water quality during dredging

Dredge and fill discharges to waters of US, mitigation of wetlands

Clean Water Act § 404 (33 USC § 1344) 40 CFR pt. 230 EPA


Permits

Direct Discharge to Surface WaterClean Water Act § 401 (33 USC § 1341) 40 CFR pt. 121 EPA


Dredge and fill discharges to watersof US, permitting, Certification and authority.

Discharge to Public Owned Treatment Works 40 CFR § 403.8 EPAApplicable or Relevant and Appropriate discharge of water to POTW

Dredging and Fill

Rivers and Harbors Act Section 10 Permit (33 USC § 403); Section 404 (33 USC § 1344) and Section 401 Certification (33 USC § 1341); 40 CFRPoart 6, App. A Executive Order 1190

EPAApplicable or Relevant and Appropriate

dredging and capping, protection of wetlands

Solid and Hazardous Waste 40 CFR § 257 EPAApplicable or Relevant and Appropriate dredging and capping

Hazardous Waste Transporters 40 CFR Part 263 EPAApplicable or Relevant and Appropriate dredging and capping




Draft

Other Criteria, Advisories, Guidance Citation AuthorityApplicable or Relevant and Appropriate

Potential Application

Wetland Policy Minn. Stat. § 103A.202 DNR dredging and cappingGuidance Documents

MPCA Site Response Section Guidance Document MPCA dredging and cappingHealth Based Values page 8-49 MPCA dredging and cappingCompliance Points page 5-86 MPCA dredging and capping

MPCA Draft Surface Water Pathway Evaluation User’s Guide MPCA dredging and cappingCertification of Environmental Laboratories Minn. Stat. § 144.98 MDH dredging and cappingOn-site worker safety Minn. Rules ch. 5205 DLI dredging and cappingProperty Use Minn. Stat. § 115B.17, subd. 2a MPCA dredging and capping

West Duluth Opportunities for Change City of Duluth dredging and cappingHarbor Management Plan Harbor Team dredging and capping

Definitions:MPCA = Minnesota Pollution Control AgencyDNR = Department of Natural ResourcesDLI = Department of Labor DOI = Department of InteriorUSFWS = United States Fish and Wildlife ServiceTBC = To Be Considered

(1) An environmental assessment worksheet (EAW) or an environmental impact statement (EIS) may be required for a protected waters work permit. Note: 103G.245 Subd.3(b)(4) says water use permit does not apply to pollution abatement or remediation.

(2) ARARs include Federal Standards that are more stringent than State ARARs. Duplicative or less stringent federal standards will be deleted as appropriate in subsequent revisions and when the final determination of ARARs is presented in the ROD.


Table 2ARARs and Preliminary Remediation Goals for

Ground Water and Surface Water St Louis River/Interlake/Duluth Tar Superfund Site

7065

INORGANICS -- TRACE METALSArsenic 7440382 ug/l 53 53 50 0 53 50Cadmium 7440439 ug/l 1.86 0.86 5 5 4 1.86 4Chromium, total 7440473 ug/l 100 100 100Chromium, +3 16065831 ug/l 64.3 155 20000 64.3 20000Chromium, +6 18540299 ug/l 11 11 100 11 100

Copper 7440508 ug/l6.88 7.88 1,300 (See Note #6) 1,300 (See Note #6) 6.88 1,300 (See Note #6)

Iron 7439896 ug/l See Note #3 See Note #15 See Note #3Lead 7439921 ug/l 4.08 2.02 15 (See Note #6) 4.08 15 (See Note #6)Manganese 7439965 ug/l See Note #3 100 See Note #3 100Mercury (total) 7469976 ug/l 0.0013* 0.0069 2 2 0.0013 2Mercury (total) (continued) 7469976 ug/l See Note #8 See Note #8Methyl MercuryNickel 7440020 ug/l 38.6 117 100 100 38.6 100Zinc 7440666 ug/l 88.6 78.4 See Note #15 2000 88.6 2000

INORGANICS -- MAJOR IONS

Ammonia, unionized as N, (See Note #9) 7664417 ug/lSee Note #9 40 (See Note #9 and

WS #3) See Note #9

Cyanide, free 57125 ug/l 5.2 5.2 200 100 5.2 100Cyanide, dissociableSulfate 14808798 mg/l See Note #3 See Note #15 See Note #3

VOLATILE ORGANICSAcetone 67641 ug/l 1500 700 1500 700Benzene 71432 ug/l 114 114 5 zero 10 114 5Bromoform (C) 75252 ug/l 466 zero 40 446 40BromobenzeneBromochloromethaneBromodichloromethane 75274 6 6Bromomethane 74839 10 10Carbon tetrachloride (C) 56235 ug/l 5.9 5 zero 3 5.9 3Carbon tetrachloride (C)(continued) 56235 ug/l See Note #8 See Note #8Chlorobenzene (Monochlorobenzene) 108907 ug/l 10 20 100 100 100 10 100ChloroethaneChloromethane (methyl chloride) 74873Chloroform 67663 ug/l 155 zero 60 155 60

1,2- Dibromo-3-chloropropane (C) 96128 ug/l zeroDibromomethane

1,2- Dibromoethane 106934 ug/l zero 0.004 0.004Dibromochloromethane 124481 ug/l zero 10 10

1,2- Dichlorobenzene (ortho) 95501 ug/l 14 600 600 600 14 6001,3- Dichlorobenzene 541731 ug/l 71 600 711,4- Dichlorobenzene (para) (C) 106467 ug/l 15 175 75 10 15 10

DichloroflouromethaneDichlorodiflouromethane (Freon 12) 75718 ug/l 1000 1000

1,1- Dichloroethane 75343 ug/l 47 70 47 701,2- Dichloroethane (C) 107062 ug/l 190 5 zero 4 190 41,2- Dichloroethane (C)(continued) 107062 ug/l See Note #8 See Note #81,1- Dichloroethylene 75354 ug/l 25 7 7 6 61,2- Dichloroethylene (cis) 156592 ug/l 70 70 70 701,2- Dichloroethylene (trans) 156605 ug/l 100 100 100 100

Dichloromethane (Methylene chloride) (C) 75092 ug/l 1516 1940 5 zero 50 1516 51,2- Dichloropropane (C) 78875 ug/l 5 zero 5 51,3- Dichloropropane 542756 2 22,2- Dichloropropane 1,3- Dichloropropene (cis, trans) 542756 ug/l 0.055 2 0.055 21,1- Dichloropropylene

Ethyl benzene 100414 ug/l 68 700 700 700 68 700Ethyl ether 60297 ug/l 1000 1000

CHEMICAL or POLLUTANT CAS No.

7050 2B, 2C & 2D, Chronic Standards

(See Note #2)

Units

GROUND WATER STANDARDS

MCLs (See Note 6) 4720

HRLs (See Note 7)

4717

GROUND WATER PRGs

(ug/l)

SURFACE WATER PRGs

(ug/l)MCLGs (See Note 6) 4720

SURFACE WATER CRITERIA AND GUIDELINE VALUES (See Note #3)

7052 GLI, 2B Chronic

Standard (See Note #1)

SURFACE WATER STANDARDS (See Notes #1

and #2)

MN SITE SPECIFIC CHRONIC CRITERIA

SECONDARY CHRONIC

VALUE (See Note #4)

TIER IIEPA

CHRONIC LOEL (See Note #5)

Att 5 Table 2.xlsPRGs 1 2/19/03



7065CHEMICAL or POLLUTANT CAS No.


(See Note #2)

Units



HRLs (See Note 7)

4717

GROUND WATER PRGs

(ug/l)

SURFACE WATER PRGs






and #2)


SECONDARY CHRONIC

VALUE (See Note #4)

TIER IIEPA


Hexachlorobutadiene 87683 ug/l 9.3 1 9.3 1Isoproplybenzene (cumene) 98828 ug/l 300 300Methyl ethyl ketone (2-Butanone) 78933 ug/l 14000 4000 14000 4000

4- Methyl-2-pentanone (Methyl isobutyl ketone) 108101 ug/l 170 300 170 300Methyl-tert-butyl eyther (MTBE)Napthalene 91203 ug/l 300 300N-butylbenzeneN-propylbenzeneP-isopropyltoluenesec-butylbenzeneStyrene (C) 100425 ug/l See Note #3 100 100 See Note #3 100

tert-butylbenzene1,1,1,2- Tetrachloroethane 630206 70 701,1,2,2- Tetrachloroethane (C) 79345 ug/l 13 2 13 21,1,2,2- Tetrachloroethylene (PCE) (C) 127184 ug/l 8.9 5 zero 7 8.9 5

TetrahydrofuraneToluene 108883 ug/l 253 253 1000 1000 1000 253 1000

1,2,3- Trichlorobenzene1,2,4- Trichlorobenzene 120821 ug/l 110 70 70 110 701,1,1- Trichloroethane 71556 ug/l 329 200 200 600 329 2001,1,2- Trichloroethane 79005 ug/l See Note #3 5 3 3 See Note #3 31,1,2- Trichloroethylene (TCE) (C) 79016 ug/l 330 120 5 zero 30 330 5

Trichlorofluoromethane (Freon 11) 75694 ug/l 2000 20001,1,2- Trichlorotrifluouroethane 76161? ug/l1,2,3- Trichloropropane 96184 ug/l 40 401,2,4- Trimethylbenzene1,3,5- Trimethylbenzene

Vinyl chloride (C) (Cloroethene) 75014 ug/l 9.2 2 zero 0.2 9.2 0.2Vinyl chloride (C) (continued) 75014 ug/l See Note #8 See Note #8M&P - XyleneO - Xylene (1,2-=Dimethylbenzene)Xylenes, total 1330207 ug/l 166 10000 10000 10000 166 10000

NON- (AND SEMI-) VOLATILE ORGANICSHexachlorobenzene (C) 118741 ug/l 0.000419* 0.00024 1 zero 0.2 0.000419 0.02Hexachlorobenzene (C) 118741 ug/l See Note #8 See Note #8Octachlorosytrene

*POLYNUCLEAR AROMATIC HYDROCARBONS

Total PAHsAcenaphthene 83329 ug/l 20 400 20 400AcenaphthyleneAnthracene 120127 ug/l 0.035 2000 0.035 2000Benzo(a)anthracene 56553 ug/l 0.027 0.027Benzo(a)pyrene 50328 ug/l See Note #3 0.2 See Note #3 0.2Benzo(g,h,i)peryleneCarbozoleFluoranthene 206440 ug/l 1.9 300 1.9 300Fluorene 86737 ug/l 3.9 300 3.9 300

1- Methylnaphthalene 90120 ug/l 2.1 2.12- Methylnaphthalene

Naphthalene 91203 ug/l 81 300 81 300Phenanthrene 85018 ug/l 3.6 3.6Pyrene 129000 ug/l 200 200

POLYCHLORINATED BIPHENYLSPolychlorinated biphenyls (PCBs, total) (C) 1336363 ug/l 0.0000252* 0.000000029 0.5 zero 0.04 0.0000252* 0.04PCBs, total (C)(continued) 1336363 ug/l See Note #8 See Note #8

DIOXINS AND DIBENZOFURANS See Note #16Total Dioxin-like equavalence as 2,3,7,8-TCDD PCDDs






(See Note #2)

Units



HRLs (See Note 7)

4717

GROUND WATER PRGs

(ug/l)

SURFACE WATER PRGs






and #2)


SECONDARY CHRONIC

VALUE (See Note #4)

TIER IIEPA


2,3,7,8-TCDD 1746016 ug/l 3.1E-09 See Note #3 0.00003 zero 3.1E-09 0.00003Other TCDD1,2,3,7,8-PeCDDOther PeCDD1,2,3,4,7,8-HxCDD1,2,3,6,7,8-HxCDD1,2,3,7,8,9-HxCDDOther HxCDD1,2,3,4,6,7,8-HpCDDOther HpCDD1,2,3,4,6,7,8,9-OCDDPCDFs2,3,7,8-TCDFOther TCDF1,2,3,7,8-PeCDF2,3,4,7,8-PeCDFOther PeCDF1,2,3,4,7,8-HxCDF1,2,3,6,7,8-HxCDF2,3,4,6,7,8-HxCDF1,2,3,7,8,9-HxCDFOther HxCDF1,2,3,4,6,7,8-HpCDF1,2,3,4,7,8,9-HpCDFOther HpCDF1,2,3,4,6,7,8,9-OCDFCo Planar PCBsStructure (IUPAC#)3,3',4,4'-TCB (77)3,4,4',5-TCB (81)2,3,3',4,4'-PeCB (105)2,3,4,4',5-PeCB (114)2,3',4,4',5-PeCB (118)2',3,4,4',5-PeCB (123)3,3',4,4',5-PeCB (126)2,3,3',4,4',5-HxCB (156)2,3,3',4,4',5'-HxCB (157)2,3',4,4',5,5'-HxCB (167)3,3',4,4',5,5'-HxCB (169)2,3,3',4,4',5,5'-HpCB (189)

INDICATOR PARAMETERS

Dissolved oxygen W02 mg/l 5 as a daily min. 5 as a daily min

Dissolved oxygen (continued) W02 mg/l See Note #11 See Note #11Oil no free visible oilpH W08 low 6.5, See Note #12 6.5-9.5 6.5, See Note #12pH (continued) W08 high 9.0, See Note #12 9.0, See Note #12Specific conductance W11umhos/cmTemperature W12 F See Note #13 See Note #13Total dissolved solids W14 mg/lTurbidity W15 NTUs 25 TT 25 25 TTTotal Organic Carbon

Unspecified toxic or corrosive substancesSee Note

#14

Particle Size analysisC= Carcinogenic






(See Note #2)

Units



HRLs (See Note 7)

4717

GROUND WATER PRGs

(ug/l)

SURFACE WATER PRGs






and #2)


SECONDARY CHRONIC

VALUE (See Note #4)

TIER IIEPA


WS= WorksheetTT= Treatment Techniques

NOTES:

Note #1

Note #3

Note #4

Note #5

Note #7

Note #8

f = [ 1 / (10 (pka - pH) + 1] x 100

where:f = the percent of the total ammonia in the un-ionized statepka = 0.09 + [2730/T], the dissociation constant for ammoniaT = temperature in degrees Kelvin (273.16 degrees Kelvin = 0 degrees Celsius).

Note #10 Worksheet #5 contains potency slope factors and a weighting scheme for cPAHs for groundwater.

The HRLs, adopted under Minn. Stat. § Section 103H.201 are appropriate cleanup levels for managing ground water contamination and risk to human receptors in compliance with Minn. Rules ch. 7060. The individual HRL values have been derived to correspond to the target risk levels. When multiple contaminants exist as a site, a mixtures evaluation is required to determine whether the target risk limit for the mixture is exceeded. The MCL "action level" for Lead and Copper is listed. If the "action level" listed for Lead and Copper is exceeded in more than 10 percent of the samples collected from household taps corrective action must be taken.

GLI = Great Lakes Initiative. Minn. Rules ch. 7052, Class 2B chronic standards are applicable to the surface water at the SLRIDT Site. In addition, the surface waters are identified as outstanding international resource waters (OIRW). The objectives for OIRW is to maintain water quality at existing conditions where the water quality is better than existing standards. When Minn. Rule ch. 7052 standards exist, they will be used as the applicable standard for the SLRIDT site. Cadmium, chromium +3, copper, nickel, and zinc are hardness dependent. A hardness of 70 mg/l for the St. Louis River was used. See Worksheets #1.

Minn. Rules pt. 7050.0470 subp. 1 pertains to waters of Lake Superior Basin. The portion of the St.Louis River in which the Interlake site is located is an unlisted water. In Minn. Rule pt. 7050.0430, an unlisted water is classified as a class 2B, 3B, 4A, 4B, 5, and 6 water. Chronic standards for 2B are listed here. If the water quality standards for the various classes are different, the more restrictive of the standards apply. Because a water body has more than one use classification, all the water quality standards in each class apply to that body of water.

In addition, Class 3D, 4C and 5 standards are applicable to wetlands. For pH, if Class 3, 4, or 5 standards are exceeded, background conditions shall be maintained. See Minn. R. 7050.0223, subp. 5; 7050.0224, subp. 4; and 7050.0225, subp. 2. Cadmium, chromium +3, copper, lead, nickel, and zinc are hardness dependent. A hardness of 70 mg/l for the St. Louis River was used. See Worksheets #2.

If standards have not been determined in either 7052 or 7050 a site-specific criterion will be developed in accordance with Minn. Rules pt 7050.0218. The MPCA staff have developed site-specific criteria or site-specific guideline values for some chemicals. Site-specific criteria are more thoroughly investigated, but neither criteria nor guideline values have been promulgated to standards. Iron and manganese have special application. Please consult MPCA staff and obtain their approval prior to use of the criteria or guideline values.

Criteria values developed by Suter and Tsao (1996) using Tier II method described in EPA's Water Quality Guidance for the Great Lakes System. Suter, G.W. and C.L. Tsao, 1996. Toxicological benchmarks for screening potential contaminants of concern for effects on aquatic biota: 1996 revision. Oak Ridge National Laboratory, Health Sciences Research Division. ES/ER/TM-96/R2. Source for biphenyl (92524), tetrachloromethane (56235), and tribromomethane (75252) Tier 2 Secondary Chronic Values: EPA 1996. Ecotox thresholds. ECO Update 3(2). EPA 540/F-95/038. OSWER.

Lowest Observed Effect Level values reported by EPA when insufficient data exists to calculate a National Ambient Water Quality Criterion. Effects were observed at this level and, therefore, the water concentration stated is not protective.

HRLs = Health Risk Limits. Cleanup levels for groundwater contamination plumes will be based on managing risk by applying promulgated health risk groundwater standards for human receptors and promulgated aquatic life standards for environmental receptors. Minn. Rules 7060, Underground Waters of the State establishes state policy and imposes regulations on pollution of all ground waters in the state. The policy of Minn. Rules ch. 7060 is to preserve these waters for their highest resource value defined as a source of drinking, culinary, or food processing water. Minn. Rules ch. 7060 also includes a nondegradation goal, prohibition of discharge to saturated zone, limitation on discharge to unsaturated zone, and remediation requirements

Note #6

Highlighted in yellow = Bioaccumulative Chemical of Concern (BCC). Highlighted in yellow with * = Bioaccumulative substances of immediate concern (BSICs)

The percent unionized ammonia can be calculated for any temperature and pH by using the following formula taken from Emerson, K., R.C. Russo, R.E. Lund, and R.V. Thurston. 1975. Aqueous ammonia equilibrium calculations; effect of pH and temperature. Journal of the Fisheries Board of Canada 32: 2379-2383.

For a pollutant with an asterisk next to the FAV and the maximum standard (MS), the following applies. For carcinogenic or highly bioaccumulative chemicals with BCF's greater than 5000 or log Kow values greater than 5.19, the human health chronic standard may be two or more orders smaller than the acute toxicity-based MS. For the MS: if the ratio of CS to the MS is greater than 100, the CS times 100 should be substituted for the applicable MS. For the FAV: if the ratio of CS to FAV is greater than 200, the CS times 200 should be substituted for the applicable FAV. From Minn R. 7050.0222, subp. 7.

Note #9

Note #2

The National Primary and Secondary Drinking Water Standards (40 CFR Parts 141-143), better known as maximum contaminant levels and maximum contaminant level goals (MCLs and MCLGs), are relevant and appropriate standards, because the groundwater in the area is a potential source of drinking water. Groundwater from the deep aquifer artesian wells has, in the past, been used as a drinking water source. In addition, groundwater use through private wells may occur off-site within the vicinity of the site.

AMMONIA, un-ionized as N - Standards that vary with pH and Temperatures. See attached Worksheet #3 (7050) for performing calculations. The ammonia leaching toward a surface water from a contaminated ground water site should be measured by collecting water samples from the temporary and permanent wells that are located within the site plume upgradient to and within a two year travel time of discharge to the surface water body in question. The ammonia needs to be analyzed as TOTAL ammonia. The pH and temperaturereceiving body of water also need to be measured at the time the ammonia sample is taken. This information is used in the equation listed below, to determine the percent un-ionized ammonia, which, is then utilized to convert the total ammonia concentration in the wells to an un-ionized concentration.






(See Note #2)

Units



HRLs (See Note 7)

4717

GROUND WATER PRGs

(ug/l)

SURFACE WATER PRGs






and #2)


SECONDARY CHRONIC

VALUE (See Note #4)

TIER IIEPA


Note #11

Note #12 pH. Class 2D standard: Maintain background.

Note #13

Note #14None at levels acutely toxic to humans or other animals or plant life, or directly damaging to real property.

Note #15 SECONDARY DRINKING WATER REGULATIONS (SDWR)Chemical Status SDWR (ug/l)

Aluminum Final 50 to 200Chloride Final 250,000Color Final 15 color unitsCopper Final 1000Corrosivity Final non-corrosiveFluoride Final 2000Foaming Agents Final 500Iron Final 300Manganese Final 50Odor Final 3 threshold odor numberspH Final 6.5-8.5Silver Final 100Sulfate Final 250,000Total Dissolved Solids (TDS) Final 500,000Zinc Final 5000

Summer 2000 Drinking Water Regulations and Health Advisories (Office of Water, EPA). (http://www.epa.gov/ostwater/drinking/standards/)SDWR - Secondary Drinking Water Regulations. Non-enforceable Federal guidelines.

Note #16 Dioxin and Furan equivalence are found in 7052.0380.

Dissolved Oxygen. This standard applies to all Class 2 waters. The dissolved oxygen standard requires compliance with the standard 50 percent of the days at which the flow of the receiving water is equal to the lowest weekly flow with a once in ten year recurrence interval (7Q10). (From Minn. R. 7050.0222, subps. 4 and 5). Class 2D: If background is less than 5.0 mg/l. as a daily minimum, maintain background.

Temperature. Class 2B standard: Five degrees F above natural in streams and three degrees F above natural in lakes, based on monthly average of maximum daily temperature, except in no case shall it exceed the daily average temperature of 86 degrees F. Class 2D standard: Maintain background.


WORKSHEET #1 FOR CALCULATION OF THE

CHRONIC AND MAXIMUM STANDARDS ANDFINAL ACUTE VALUES FOR METALS (1)

Total Chronic Maximum Final AcuteHardness (2) Standard Standard Value

Metal (mg/l) (ug/l) (ug/l) (ug/l)

Cadmium 70 1.860636185 3.021044502 6.042408151Chromium +3 70 64.34875607 1346.303009 2692.478983Copper 70 6.878077531 10.00347184 20.00599977Lead (criterion) 70 4.076400804 77.73724166 155.4749217Nickel 70 38.5758709 346.9660633 693.8993872Silver #NUM! #NUM! #NUM!Zinc 70 88.56617552 88.56617552 177.1417073

Notes:(1) Water Quality based Standards/Criterion from Minn. R. ch.7052 which vary with hardness.

(2) Values for the total hardness in mg/l must be obtained from surface water quality representatives in the Modelling and Standards Unit, Environmental Research and Reporting Section, Environmental Outcomes Division. Do NOT use a field measured value for total hardness.

7052

Att 5 Table 2.xls WS#1 2/19/03

WORKSHEET #2FOR CALCULATION OF THE

CHRONIC AND MAXIMUM STANDARDS ANDFINAL ACUTE VALUES FOR METALS (1)

Total Chronic Maximum Final AcuteHardness (2) Standard Standard Value

Metal (mg/l) (ug/l) (ug/l) (ug/l)

Cadmium 70 0.857202125 22.36064811 44.71918629Chromium +3 70 154.5499899 1296.621874 2590.270536Copper 70 7.87794474 12.66613906 25.34628617Lead 70 2.020478659 51.84893752 103.9629352Nickel 70 116.5973999 1048.826265 2097.553563Silver (3) 70 1.0 1.096158524 2.197701005Zinc 70 78.35501846 86.5004848 173.0101077

Notes:

(1) Water Quality Standards which vary with hardness from Minn R. ch 7050.

(2) Values for the total hardness in mg/l must be obtained from surface water quality representatives in the Modelling Research and Reporting Section, Environmental Outcomes Division. Do NOT use a field measured value for total hardness.

(3) Only maximum standard and Final Acute Value vary with hardness for silver.

7050


WORKSHEET #3 WORKSHEET FOR CALCULATING THE UN-IONIZED AMMONIA

CONCENTRATION

Dissociation Percent Un- Total Ammonia Un-ionized NH3

Sampling Temperature (a)(b) pH (a) Constant for NH3 ionized NH3 Concentration (c) Conc. (d)Well Date (Degrees K) (Standard Units) (pka) (f) (mg/l) (mg/l)

293.16 8 9.402320917 3.809021514 2 0.07618043 #VALUE! #VALUE! #VALUE!

#DIV/0! #DIV/0! #DIV/0!#DIV/0! #DIV/0! #DIV/0!#DIV/0! #DIV/0! #DIV/0!#DIV/0! #DIV/0! #DIV/0!#DIV/0! #DIV/0! #DIV/0!#DIV/0! #DIV/0! #DIV/0!#DIV/0! #DIV/0! #DIV/0!#DIV/0! #DIV/0! #DIV/0!#DIV/0! #DIV/0! #DIV/0!

NOTES:(a) Use the temperature and pH of the receiving water. Collect the temperature and pH at the time that the water samples are collected from the temporary and permanent wells within a two year travel timeof discharge to the surface water body in question. Analyze for total ammonia.

(b) Temperature is measured in degrees Kelvin (273.16 degrees Kelvin = 0 degrees Celsius).

(c) Analyze the water samples collected from the temporary and permanent wells within a two year travel time of discharge to the receiving body for total ammonia.

(d) Un-ionized ammonia concentration = (total ammonia concentration) x (percent un-ionized ammonia).

7050 Ammonia


Table 3Draft

Contaminants of Concern and RCRA Hazardous Constituents ListSt. Louis River/Interlake/Duluth Tar Superfund Site

Duluth MN

CHEMICAL or POLLUTANT

Analyzed in SW (aa)

Detected in SW (aa)

Analyzed in GW (bb)

Detected in GW (bb)

Analyzed in

Sediment (cc)

Detected in

Sediment (cc)

7045.0141 Hazardous

Constituents

7045.0143 Groundwater

Protection Hazardous Constituents

INORGANICS -- TRACE METALSArsenic x x x x x x xCadmium x x x x x x xChromium, total x x x x x xCopper x x x x x x xIron x x x xLead x x x x x x x xManganese x x x x xMercury (total) x x x x x x x xMethyl Mercury x x xNickel x x x x x x xZinc x x x x x x

INORGANICS -- MAJOR IONS Ammonia, unionized as N x xCyanide, free x x x x x xCyanide, dissociable x xSulfate x x

VOLATILE ORGANICSAcetone x x x x xBenzene x x x x x xBromoform (C) x x x xBromobenzene x xBromochloromethane x xBromodichloromethane x x xBromomethane x xCarbon tetrachloride (C) x x x xChlorobenzene (Monochlorobenzene) x x x xChloroethane x x x x xChloromethane (methyl chloride) x x x xChloroform x x x x

1,2- Dibromo-3-chloropropane (C) x x x x xDibromomethane x x x

1,2- Dibromoethane x x xDibromochloromethane x x

1,2- Dichlorobenzene (ortho) x x x x1,3- Dichlorobenzene x x x x1,4- Dichlorobenzene (para) (C) x x x x

Dichloroflouromethane x xDichlorodiflouromethane (Freon 12) x x x x

1,1- Dichloroethane x x x1,2- Dichloroethane (C) x x x x1,1- Dichloroethylene x x x x1,2- Dichloroethylene (cis) x x x1,2- Dichloroethylene (trans) x x x x

Dichloromethane (Methylene chloride) (C) x x x x x x1,2- Dichloropropane (C) x x x x1,3- Dichloropropane x x x x2,2- Dichloropropane x x x1,3- Dichloropropene (cis, trans) x x x x x1,1- Dichloropropylene x x

Ethyl benzene x x x x x

Att 5 Table 3.xls ARAR Comparison 1 2/19/03

Table 3Draft


Duluth MN


Analyzed in SW (aa)

Detected in SW (aa)

Analyzed in GW (bb)

Detected in GW (bb)

Analyzed in

Sediment (cc)

Detected in

Sediment (cc)

7045.0141 Hazardous

Constituents



Ethyl ether xHexachlorobutadiene x x x xIsoproplybenzene (cumene) x x xMethyl ethyl ketone (2-Butanone) x x x x

4- Methyl-2-pentanone (Methyl isobutyl ketone) x x x xMethyl-tert-butyl eyther (MTBE) x xNapthalene x x x x x x x xN-butylbenzene x x xN-propylbenzene x x xP-isopropyltoluene x x xsec-butylbenzene x xStyrene (C) x x x x xtert-butylbenzene x x

1,1,1,2- Tetrachloroethane x x x1,1,2,2- Tetrachloroethane (C) x x x x1,1,2,2- Tetrachloroethylene (PCE) (C) x x x x

Tetrahydrofurane x x xToluene x x x x x x

1,2,3- Trichlorobenzene x x1,2,4- Trichlorobenzene x x x x1,1,1- Trichloroethane x x x1,1,2- Trichloroethane x x x x1,1,2- Trichloroethylene (TCE) (C) x x x x

Trichlorofluoromethane (Freon 11) x x x1,1,2- Trichlorotrifluoroethane x x1,2,3- Trichloropropane x x x x1,2,4- Trimethylbenzene x x x x1,3,5- Trimethylbenzene x x x x

Vinyl chloride (C) (Cloroethene) x x x xM&P - Xylene x x x xO - Xylene (1,2-=Dimethylbenzene) x x xXylenes, total x x x x x

NON- (AND SEMI-) VOLATILE ORGANICSHexachlorobenzene (C) x x x xOctachlorostyrene x

POLYNUCLEAR AROMATIC HYDROCARBONSTotal PAHs x xAcenaphthene x x x x x x xAcenaphthylene x x x x x x xAnthracene x x x x x x xBenzo(a)anthracene x x x x x x x xBenzo(a)pyrene x x x x x xBenzo(g,h,i)perylene x x x x x xCarbozole x x xFluoranthene x x x x x x x xFluorene x x x x x x x x

1- Methylnaphthalene x x x2- Methylnaphthalene x x x x x x x

Naphthalene x x x x x x x xPhenanthrene x x x x x x xPyrene x x x x x x x


Table 3Draft


Duluth MN


Analyzed in SW (aa)

Detected in SW (aa)

Analyzed in GW (bb)

Detected in GW (bb)

Analyzed in

Sediment (cc)

Detected in

Sediment (cc)

7045.0141 Hazardous

Constituents



Total cPAHs (added as BaP equivalence) x xbenzo[a]anthracene x x x x xbenzo[a]pyrene x x x x x x x xbenzo[b]fluoranthene x x x x x xbenzo[j]fluoranthene x x xbenzo[k]fluoranthene x x x x xbenzofluoranthene, total x x x xchrysene x x x x x x x xdibenz[a,h]acridine x x xdibenz[a,j]acridine x x xdibenz[a,h]anthracene x x x x x x x x7H-dibenzo[c,g]carbazole x x xdibenzo[a,e]pyrene x x xdibenzo[a,h]pyrene x x xdibenzo[a,i]pyrene x x xdibenzo[a,l]pyrene x x7,12-dimethylbenzanthracene x x x x1,6-dinitropyrene x1,8-dinitropyrene xindeno[1,2,3-cd]pyrene x x x x x x x3-methylcholanthrene x x x5-methylchrysene x x5-nitroacenaphthene x x6-nitrochrysene x2-nitrofluorene x x1-nitropyrene x x4-nitropyrene x

Total PAHs (added) x x

POLYCHLORINATED BIPHENYLSPolychlorinated biphenyls (PCBs, total) (C) x x x x

DIOXINS AND DIBENZOFURANS2,3,7,8-TCDD x x x xOther TCDD x x x xPCDDs x(?) x2,3,7,8-TCDDOther TCDD1,2,3,7,8-PeCDDOther PeCDD1,2,3,4,7,8-HxCDD1,2,3,6,7,8-HxCDD1,2,3,7,8,9-HxCDDOther HxCDD1,2,3,4,6,7,8-HpCDDOther HpCDD1,2,3,4,6,7,8,9-OCDDPCDFs x(?) x2,3,7,8-TCDFOther TCDF1,2,3,7,8-PeCDF2,3,4,7,8-PeCDF


Table 3Draft


Duluth MN


Analyzed in SW (aa)

Detected in SW (aa)

Analyzed in GW (bb)

Detected in GW (bb)

Analyzed in

Sediment (cc)

Detected in

Sediment (cc)

7045.0141 Hazardous

Constituents



Other PeCDF1,2,3,4,7,8-HxCDF1,2,3,6,7,8-HxCDF2,3,4,6,7,8-HxCDF1,2,3,7,8,9-HxCDFOther HxCDF1,2,3,4,6,7,8-HpCDF1,2,3,4,7,8,9-HpCDFOther HpCDF1,2,3,4,6,7,8,9-OCDFCo Planar PCBs x(?) x(?)Structure (IUPAC#)3,3',4,4'-TCB (77)3,4,4',5-TCB (81)2,3,3',4,4'-PeCB (105)2,3,4,4',5-PeCB (114)2,3',4,4',5-PeCB (118)2',3,4,4',5-PeCB (123)3,3',4,4',5-PeCB (126)2,3,3',4,4',5-HxCB (156)2,3,3',4,4',5'-HxCB (157)2,3',4,4',5,5'-HxCB (167)3,3',4,4',5,5'-HxCB (169)2,3,3',4,4',5,5'-HpCB (189)

MiscellaneousCoal tar creosote x

NOTES:

(aa)

(bb)

(cc)

Compounds analyzed were obtained from the Phase II Work Plan Table 9. Compounds Detected do not necessarily match Table 9 list as specified in the August, October, and November 2000 groundwater sampling events. As a result, some compounds detected were not marked as analyzed. In addition, detection limits were not reviewed. Therefore, it is unknown whether detection limits are lower than Standards or Criteria. Compounds analyzed and Detected were also obtained from 1997 RI.

Compounds Analyzed and Detected were obtained from Preliminary Phase IIIA sampling results (e-mail dated June 8, 2001), additional data collected by RPs in 1999, and 1997 RI Report. Detection limits were not reviewed. Therefore, it is unknown whether detection limits are lower than Standards or Criteria. Updated on 5/9/2002 with MPCA/Bay West sampling for only those chemicals previously left out. This is shown in red.

Data obtained from 1997 RI. Detection limits were not reviewed. Therefore, it is unknown whether detection limits are lower than Standards or Criteria.


1

Attachment 5, Appendix 1

Draft Naphthalene Memorandum For the SLRIDT Site

January 22, 2003 This memo is in response to your December 5th request for an air health-based value (HBV) for naphthalene to be used in a clean up of the St. Louis River Interlake Duluth Tar site. During consultation with staff familiar with the project, it was decided that two numbers were needed; consequently, the Minnesota Department of Health (MDH) has derived both an acute HBV (200 µg/m3) and a chronic HBV (9 µg/m3) for inhalation exposures to naphthalene. A description of the techniques, assumptions and caveats used in developing these numbers follows. Acute. There are limited data addressing the impacts of acute exposures of experimental animals to naphthalene. However, because there are a number of anecdotal reports of naphthalene toxicity in humans (nausea, vomiting, abdominal pain, and hemolytic anemia) at concentrations above those that trigger an odor (200 – 440 µg/m3) MDH recommends the use of an acute HBV (one hour exposure) of 200 µg/m3 as a reasonable maximum exposure level. This use of this number is supported by results from a study on rats that reported respiratory changes (cell swelling and sloughing) following 4 hours of exposure to 380 mg/m3 of naphthalene (Buckpitt, 1982). In this study 204 mg/m3 was a No Observed Adverse Effect Level (NOAEL). Applying an uncertainty factor of 1000 (10 for intraspecies variability, 10 for interspecies variability, and 10 for database deficiencies) gives an acute value of 200 µg/m3 for a four-hour exposure. As an additional precaution MDH recommends that this number be applied using a 1 hour averaging time. Chronic. Two studies chronic rodent bioassays, one in mice (NTP, 1992) and one in rats (NTP, 2000) are the basis for MDH’s chronic HBV of 9 µg/m3 naphthalene. Both of these studies involved the administration of naphthalene for 6 hours per day, seven days per week for two years. Both studies produced a Lowest Observed Adverse Effect Level (LOAEL) of 10 ppm naphthalene with fairly marked respiratory and nasal impacts as adverse endpoints. Manipulating this exposure to allow for a 24 hour/day and a seven day/week yields an adjusted LOAEL of 1.78 ppm which converts to a value of 9.3 mg naphthalene/m3. Applying an uncertainty factor of 1000 (10 for intraspecies variability, 10 for interspecies variability, and 10 for the use of a LOAEL rather than a NOAEL) results in a final chronic HBV for naphthalene of 9 µg/m3. Although, by definition MDH considers a chronic exposure to be one that occurs on a daily over a 70-year lifetime, MDH recommends

2

that exposures that take place for more than 10% of an individual’s lifetime be assessed using chronic values. MDH anticipates that chronic HBVs will be applied using annual emission estimates. MDH understands that the exposures associated with the remediation of this site will be occurring for a maximum of seven months each year, but feels that the potential for public health impacts be assessed using the chronic number. Please be advised that although MDH has a reasonable level of confidence in the chronic naphthalene number, and in fact intends to propose this value as a HRV during the next rule revision, available data do not address two additional toxic endpoints reported in humans, cataracts and the blood disorder hemolytic anemia. MDH is therefore less certain about the conservative nature of the naphthalene number for these endpoints. MDH has less confidence in the acute value and suggests that it be considered a site-specific screening number to be used to trigger some remedial action. If you have any questions regarding the development of these numbers please feel free to me at (651) 215-0928. Hillary M. Carpenter, Ph.D. Health Risk Assessment, MDH References: Buckpitt, A.R. (1982). Comparative biochemistry and metabolism. Part 2: Naphthalene lung toxicity. AFAMRL-TR-82-52, pg 25-30. Air Force Aerospace Medical Research Laboratory, Wright-Patterson Air Force Base, Ohio. NTP (1992). National Toxicology Program. Toxicology and carcinogenesis studies of naphthalene (CAS No. 91-20-3) in B6C3F1 mice (inhalation studies). NTP Technical Report Series No. 410. NIH publication no. 92-3141. U.S. Department of Health and Human Services, Public Health Service, National Institutes of Health, Research Triangle Park, N.C. NTP (2000). National Toxicology Program. Toxicology and carcinogenesis studies of naphthalene (CAS No. 91-20-3) in F344/N rats (inhalation studies). NTP Technical Report Series No. 500. NIH publication no. 01-4434. U.S. Department of Health and Human Services, Public Health Service, National Institutes of Health, Research Triangle Park, N.C.

1

Attachment 6 Draft Remediation Goals

For the SLRIDT Site Meeting February 25 and 26, 2003

Remediation Goals Remediation goals have been developed for use in defining the extent of sediment to be remediated and to evaluate the success of removal or long term performance of containment remedies. Bulk sediment remediation goals The following remediation goals are interim goals for use in the February 25-26 remedy selection meeting. The final remediation goals will be set based on the MPCA evaluation of the site specific sediment toxicity data. The site specific bulk sediment goals are anticipated to be set in April 2003. The Total PAH and metals goals are based on the Consensus-Based Sediment Quality Guidelines for Freshwater Ecosystems (MacDonald et al. 2000). MacDonald and others have found that 0.6 of the Probable Effects Concentration (PEC) approximates a 20% probability of observing sediment toxicity and it is recommended for use as a sediment quality remediation criteria (MacDonald and Macfarlane 2002; MacDonald and Ingersoll 2000; Crane et al. 2000) Total PAHs 0.6 of the mean PEC value (22.8 mg/kg) = 13.7 mg/kg Metals 0.6 of the mean PEC Quotient (PEC-Q) Mercury MPCA calculated ambient St. Louis River concentration = 0.3 mg/kg Pore water remediation goals The site specific pore water remediation goals are based on a Toxic Unit approach utilizing the USEPA equilibrium partitioning based Final Chronic Values unless the MPCA has an existing human or wildlife criteria. The site specific pore water remediation goals are detailed in the MPCA memorandum titled “Application of Surface Water Quality Standards in Sediment Pore Water for the Proposed Construction of a Wetland Cap at the St, Louis River Interlake/Duluth Tar Superfund Site”. Application of goals The remediation goals for the options under consideration (dredging and in-situ capping) will be separated into two categories: mass removal of toxic material, and containment of

2

toxic material. Because the in-situ capping remedy is a long term containment of toxic material and advection and diffusion of contaminants in the pore water is the mechanism for contaminant movement into the bioactive zone, pore water criteria that are protective of benthic receptors will be applied at the compliance point within an in-situ cap. Mass Removal of Toxic Material Dredging remedial goals and requirements

• The lateral extent of sediments to be remediated will be defined by the bulk sediment total PAH goal of 13.7 mg/kg.

• The vertical limits of dredging will be defined by the dredge prism elevation that

achieves mass removal of the identified contaminated sediments.

• Performance of the dredging remedy will be compared to the bulk sediment remediation goals. Post dredge sediment sampling will consist of a 6 inch homogenized core sample. Areas that exceed the bulk sediment goal will be dredged with a cleanup pass and/or be augmented with clean sediment.

Containment of Toxic Material In-situ capping remedial goals and requirements

• The lateral extent of sediments to be remediated will be defined by the bulk sediment total PAH goal of 13.7 mg/kg.

• The compliance point within the cap was selected based on the potential for

benthic, semi-aquatic, terrestrial, and plant species to be exposed to, uptake, or transfer contaminants, and/or create breaches or conduits within the cap material. Additional information regarding bioactive zone and compliance point thickness will be provided in an MPCA position paper at a later date. The compliance point for the bulk sediment goals and pore water goals will be:

• 1 meter below the cap surface in post capping surface elevations greater than

593 feet MSL (~8 foot water depth) • 0.5 meter below the cap surface in post capping surface elevations less than

593 feet MSL (~8 foot water depth)

• The number and distribution of the cap compliance monitoring points for bulk sediment and pore water will be determined in the design phase. The cap compliance monitoring criteria will be:

1. The 95% UCL on the mean of the compliance monitoring samples must not

exceed the bulk sediment or pore water criteria.

3

2. No more than 20% of the compliance monitoring samples may exceed the bulk sediment or pore water criteria.

3. No compliance monitoring sample may exceed a probable or acute effect level.

References Crane J.L., D.D. MacDonald, C.G. Ingersoll, D.E. Smorong, R.A. Lindskoog, C.G. Severn, T.A. Berger, and L.J. Field. 2000. Development of a framework for evaluating numerical sediment quality targets and sediment contamination in the St. Louis River Area of Concern. EPA-905-R-00-008. Great Lakes National Program Office, United States Environmental Protection Agency, Chicago, Illinois. MacDonald, D.D., C.G. Ingersoll, and T.A. Berger. 2000. Development and evaluation of consensus-based sediment quality guidelines for freshwater ecosystems. Archives of Environmental Contamination and Toxicology 39:20-31. MacDonald, D.D. and M.W. Mcfarlane. 2000. Criteria for contaminated sites – Criteria for managing contaminated sediment in British Columbia, Draft. Ministry of Water, Land and Air Protection, Victoria, British Columbia, Canada. MacDonald, D.D. and C.G. Ingersoll. 2001. A guidance manual to support the assessment of contaminated sediments in freshwater, estuarine, and marine ecosystems, Volume 1 – An ecosystem based framework for assessing and managing contaminated sediments – Draft. Prepared for the Great Lakes National Program Office, United States Environmental Protection Agency, Chicago, Illinois.

1

Potential Bioactive Zone The potential bioactive zone (BAZ) is the area within an in-situ sub-aqueous remedial cap that must not be impacted above the MPCA remedial action levels for the duration of toxic material storage (in perpetuity, in the case of the SLRIDT site). Compliance with these criteria must be met and measured at the base of the BAZ. Because there is no definitive scientific consensus on the maximum depths to which all potential flora and fauna are able penetrate a substrate, the MPCA selection of an appropriate BAZ thickness is based on a weight-of-available-evidence approach and professional opinion. Due to the large uncertainty in this type of analysis, the BAZ incorporates an element of conservatism (i.e. greater depth) to provide an additional safety factor. This document provides more detailed discussion of how the BAZ thicknesses were determined. A literature search was conducted to identify what flora and fauna have the potential to disturb wetland and benthic sediments, and where possible, to determine the depths to which those biota may penetrate those sediments. In addition, a number of experts in benthic communities were contacted in an effort to fill in the many gaps in the scientific literature. Finally, BAZ requirements for similar sites were examined. However, most capping sites elsewhere in the U.S. are in marine or deeper freshwater settings, few considered the numerous potential risk associated with the SLRIDT site, and many did not conduct post-capping assessments. Biota Considered Based on our review of the literature, there are a large number of benthic invertebrate, vertebrate, and plant species that may potentially disturb the sediments of either a deep or shallow “wetland” cap. In addition, some plant processes may facilitate movement of chemicals of concern through the cap. Areas of concern include, but are not limited to: direct breaching of the cap or creation of conduits through the cap by burrowing, bioturbation, or root growth; chemical or physical alteration of the cap matrix by addition of organic materials; alteration of the chemical environment near root systems, potentially making chemicals of concern more bioavailable; pumping of contaminated pore water by plants; uptake of contaminants to plant tissue, making it potentially available to other organisms or potentially allowing accumulation of contaminated organic material near the sediment surface when the plants die. Based on these areas of concern, the BAZ of a cap must not allow exposure to, bioaccumulation of, or physical transfer of contaminants by the following flora and fauna: Benthic Invertebrates

• Insects • Crayfish • Mussels

2

Aquatic, Semi-aquatic, and Terrestrial Species

• Frogs • Turtles • Muskrat • Beaver

Rooted Plants

• Aquatic (submergent and emergent) • Terrestrial (herbaceous and woody)

Literature Review The available literature does not provide definitive evidence of the maximum depth to which biological activity may disturb wetland and benthic sediments. The intensity and depth to which bioturbation occurs in the sediment column are highly site specific, reflecting the myriad behaviors of diverse assemblages of benthic organisms and their interactions with the physical environment (Clarke, et. al., 2001). However, sources indicate that such disturbance may occur to depths of at least one-half meter in benthic sediments and one meter in shallow or wetland sediments. Fauna: Animal species may disturb wetland and benthic sediments to depths up to one meter, creating conduits for contaminant migration. Insect species appear to be present at depths up to one-half meter below the sediment surface. According to McCall and Tevesz (1982), chironomid larvae may be present as deep as 40 to 50 cm beneath the sediment surface. This is supported by the findings of Zarull, et. al. (1999), who noted: “Bioturbation, resulting from the activity of benthic invertebrates, can recycle material from as deep as 40 cm.” Other animal species are also known to burrow deeply into wetland and benthic sediments. Crayfish in Minnesota have been observed to burrow to depths greater than one meter (Hobbs and Jass, 1988). Frogs may burrow up to 50 cm to hibernate, according to Don MacDonald (personal communication, 2003). The literature suggests that large mussels may burrow as deep as 20 cm (McCall and Tevesz, 1982). Turtles, muskrat, and beavers may also burrow into sediments, although no references could be found which provide specific depths. Despite the foregoing discussion, deep bioturbation is poorly understood and may be of greater consequence than currently recognized. The Army Corps of Engineers (Clarke, et. al., 2001) notes: “Several aspects of bioturbation in both saltwater and freshwater environments are acknowledged to be important gaps in the pertinent state of knowledge…while the role of infauna…within the uppermost 30-50 cm of the sediment column is relatively well studied, the role of deep-burrowing (>50 cm) invertebrates remains unquantified ….Likewise, the role of

3

‘megafauna,’ primarily large invertebrates and fishes, is generally unknown but may be locally significant”. Flora: Plant disturbance of sediments at the site is likely to occur only in water depths up to 8 feet, at which point reduced light penetration largely prohibits plant growth. Plant growth not only creates physical conduits for contaminant migration, but may also incorporate contaminants into the plant tissue, making them available to the food chain or depositing them at the surface when the plant dies. While there is not a large body of knowledge regarding aquatic plant rooting depths, what is available suggests that particularly in shallow water and wetland settings sediment disturbance may occur to depths of nearly one meter. According to the U.S. Environmental Protection Agency (2000), a minimum of 0.3 to 0.7 meter substrate is needed to support a constructed wetland. Bulrush (Scirpus) roots are reported to penetrate to depths greater than 60 cm and rush (Phragmites) roots to depths greater than 76 cm in constructed wetlands (Gersberg, et. al., 1986). The U.S. Army Corps of Engineers (1988) also noted: “Deep root and rhizome formation are important morphological characteristics of Phragmites australis that could result in increased contaminant mobility through plant uptake…” It is important to note that all field plant root studies found in the literature used predetermined sampling depths, so that no conclusions may be drawn regarding maximum root depths. For example, Gross, et. al. (1993) observed some cattail roots to the 30-50 cm depth interval, which was the deepest core depth. Montague and Day (1980) found plant roots at depths of 60 cm, the deepest depth evaluated. Service’s “Root Penetration and Bioturbation Study” (2002) found roots at depths of 28 inches or deeper in 90 percent of cores through shrub communities, and in 67 percent of cores through herbaceous communities. The majority of cores in these communities were terminated before the maximum depth of root penetration was determined. This data provides clear evidence that significant areas of shallow wetland areas at the site could have root penetration to one meter, if not deeper. Other existing guidance and relevant capping sites It was noted earlier, depth of bioturbation is highly site specific. However, it is still beneficial to examine other capping guidelines and sites that directly address the potential impacts of bioturbation. Most existing guidelines, such as that recommended by the Army Corps of Engineers (Clarke, et. al., 2001), appear to only consider the potential for biota to move particles or pore water to the sediment surface, but fail to address concerns regarding exposure of those organisms to the contaminants. The remedy for the SLRIDT site, however, must take into account both human and ecological impacts. The British Columbia sediment management criteria (2002) appears to take ecological impacts into consideration. It assumes a one meter “bioactive zone” for both freshwater and marine sediments, and apply sediment quality criteria to that depth.

4

The U.S. Steel capping site (Shearwater Remediation project) in San Francisco Bay established a 36 inch bioactive zone cap thickness, based on a measured 18 inch bioturbation layer plus an 18 inch “safety” buffer. The remediation plan applied the EPA’s Ambient Water Quality Criteria to pore water at the base of the bioactive zone. It is important to note that this capping thickness was based primarily on depths of invertebrate bioturbation, as there is little or no aquatic vegetation at the site. As discussed above, sites with significant vegetation may experience bioturbation to much greater depths. Establishment of SLRIDT Site Specific BAZ Based on the review of available research, sites, and applicable standards, the MPCA has established a site specific BAZ for the SLRIDT site of 1 meter in areas with water depths less than 8 feet and one-half meter in areas with water depths greater than 8 feet. The 8 foot water depth cut-off is based on the depth at which light penetration likely will limit plant growth. Most studies indicate that while the majority of biological disturbance of sediments may occur in the upper 10 to 20 cm, bioturbation also occurs at depths of at least one meter, possibly deeper. These sediment disturbances may provide pathways for direct or indirect movement of contaminants to the sediment surface and into the food chain. Given the uncertainties regarding bioturbation at depth in sediments and the potential for transfer of contaminants, a conservative BAZ, including a “safety margin” as recommended by the U.S. Army Corps of Engineers (Clarke, et. al., 2001, p. 3), is supported. A thicker BAZ in shallow waters is warranted not only based on deeper bioturbation and root penetration, but because of the physical factors that may affect near surface sediments in these areas. Such factors include, but are not limited to, wind, waves, currents, prop wash, and ice. Given the potential for these factors to erode or mix near surface sediments in shallow water and wetland areas, a thicker BAZ provides additional protection against human and ecological exposures. A conservative approach is further supported by the fact that in-situ storage of high concentration toxic waste by a “wetland” sand cap, that must act as a substrate for a functioning freshwater wetland and aquatic ecosystem, is an unproven technology.

5

Selected References British Columbia Ministry of Water, Land and Air Protection. (2002) Criteria for Managing Contaminated Sediment in British Columbia, Technical Appendix, Draft Criteria P3 Version. [http://wlapwww.gov.bc.ca/epd/epdpa/contam_sites/draft_documents/index.html] Bioturbation/burrowing Clarke, D.G., Palermo, M.R., and Sturgis, T.C. (2001) Subaqueous Cap Design: Selection of Bioturbation Profiles, Depths, and Process Rates. DOER Technical Notes Collection. ERDC TN-DOER-C21. US Army Engineer Research and Development Center, Vicksburg, MS. Hobbs, H.H., III, and J.P. Jass (1988) The crayfishes and shrimp of Wisconsin. Milwaukee Public Museum. Special Publications in Biology and Geology, No. 5. McCall, P.L., and M.J.S. Tevesz (1982) The Effects of Benthos on Physical Properties of Freshwater Sediments, p. 105-176. In Animal-Sediment Relations. Plenum. Zarull, MA., J.H. Hartig, G. Krantzberg, K. Burch, D. Cowgill, G. Hill, J. Miller, and I.G. Sherbin (1999) Contaminated sediment management in the Great Lakes Basin ecosystem. J. Great Lakes Res. 25:412-422. Plant rooting depth Gersberg, R.M., B.V. Elkins, S.R. Lyon and C.R. Goldman (1986) Role of aquatic plants in wastewater treatment by artificial wetlands. Wat. Res. 20:363-368. Gross, M.F., M.A. Hardisky, P.L. Wolf and V. Klemas (1993) Relationship among Typha biomass, pore water methane, and reflectance in a Delaware (U.S.A.) brackish marsh. J. Coastal Res. 9:339-355. Montague, K.A. and F.P. Day (1980) Below ground biomass of four plant communities of the Great Dismal Swamp, Virginia. Am. Midland Naturalist 103:83-87 US Army Corps of Engineers (1988) Role of contaminant uptake in the potential use of Phragmites australis (Cav.) Trin. On confined disposal facilities. Environmental Effects of Dredging Technical Notes. EEDP-02-9. USEPA (2000) Constructed Wetland Treatments of Municipal Wastewaters. EPA/625/R-99/010.

RemedialCap

Contaminated Sediments

Potential Bioactive Zone(0.5 - 1 meter)

Sediment Compliance pointPorewater Compliance point

Sediment Trend pointPorewater Trend point

Cap Compliance Monitoring PointsCap Compliance Monitoring Points

(DRAFT)

Figure 1. Compliance points within theoretical wetland cap at the Interlake Duluth Tar

Site.