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Fourth Five-Year Review Report St EPA Region 5 Records Ctr. 372320 Five-Year Review Report Pursuant to CERCLA Fourth Five-Year Review Report St. Regis Paper Company Superfiand Site Cass Laice, Minnesota Prepared by: U.S. Environmental Protection Agency Region 5 Chicago, Illinois In conjunction with: The Leech Lake Band of Ojibwe Cass Lake, Minnesota Minnesota Pollution Control Agency Minneapolis, Minnesota Approved By: ,,'''J*i^h;ir'idh.ird C Karl, Director Date* Siiperfund Division [This page intentionally left blank.] Table of Contents Section Page List of Acronyms 5 Eixecutive Summar>' 8 Five-Year Review Summary Form 10 I Introduction 12 II. Site Chronology 13 III. Background 14 Ph} sical Characteristics 14 Land and Resource Use 15 History of Contamination 15 Initial Response 17 Basis for Taking Action 17 IV. Remedial Actions 18 Remedy Selection 18 Remedy Implementation 19 Institutional Controls 22 Operation and Maintenance (O&M) 22 Costs and Operation 23 V. Progress Since the Last Five-Year Review 24 VI. Five-Year Review Process 26 Administrative Components 26 C<?mmunity Notification and Involvement 26 Document Review 26 Diita Review-Remedy Performance Evaluation 26 Site Inspection 27 VII. Technical Assessment 28 Question A: Is the remedy functioning as intended by the decision documents? 28 Question B: Are the exposure assumptions, toxicity data, cleanup levels, and remedial action objectives (RAOs) used at the time of the remedy still valid? 29 Question C: Has any other information come to light that could call into question the protectiveness of the remedy? 29 Technical Assessment Summary 29 VIII. Issues 30 IX. Recommendations and Follow-up Actions 30 X. Protectiveness Statement 30 XI. Next Review 31 Tables Table 1 - Chronology of Site Events 13 Table 2 - Approximate O&M Costs from 2006 through 2009 23 Table 3 - Approximate Costs for O&M Activities for 2009 24 Table 4 - Issues 30 Table 5 - Recommendations and Follow-Up Actions 30 ^attachments Attachment 1 - Site Map Attachment 2 - Subterranean Groundwater Reports Attachment 3 - Public Notice about Five-Year Review Attachment 4 - Documents Reviewed List of Acronyms ACA Ammoniacal Copper Arsenate AOC Administrative Order on Consent ARAR Applicable or Relevant and Appropriate Requirement ASAOC Administrative Settlement Agreement and Order on Consent IKIS below ground surface BNSF BNSF Railway Company EiTEX benzene, toluene, ethyl benzene, and xylene C-D Consent Decree C'ERCLA Comprehensive Environmental Response, Compensation, and Liability Act CFR Code of Federal Regulations COPC Chemical of potential concern C!OPEC Chemical of potential ecological concern DNAPL Dense non-aqueous phase liquid DRO Diesel range organics ERA Ecological risk assessment FS Feasibility study GrAC granulated activated carbon gpm Gallons per minute G SI Ground water - surface water interaction HHR\ Human health risk assessment ICs Institutional Controls IP International Paper LLBO Leech Lake Band of Ojibwe LNAl'L Light non-aqueous phase liquid MCL Maximum Contaminant Level 5 MEDD Minnesota Enforcement Decision Document MPCA Minnesota Pollution Control Agency msl Mean sea level ^ CP National Contingency Plan M*L National Priorities List Oi&M Operation and Maintenance OU Operable Unit PAH Polycyclic aromatic hydrocarbon PCB Polychlorinated biphenyl PCDDs Polychlorinated dibenzodioxins (dioxins) PCDFs Polychlorinated dibenzofurans (furans) PCP Pentachlorophenol pipb parts per billion ppm parts per million ppt parts per trillion PRG Preliminary remediation goal PRP Potentially Responsible Party RA Remedial Action RCE Restrictive Covenant and Easement RCRA Resource Conservation and Recovery Act RD Remedial Design ROD Record of Decision SVOC Semi-volatile Organic Compound TOC Total organic carbon TRV Toxicity Reference Values If AG Unilateral Administrative Order I'SEPA United States Environmental Protection Agency nj/t E Unlimited Use/Unrestricted Exposure V'OC Volatile Organic Compound EXECUTIVE SUMMARY The St. Regis Paper Company Site, a former wood treatment facility, is located within the exterior boundaries of the Leech Lake Reservation on the south side of the City of Cass Lake, Minnesota. The Site, which includes a northern former operations area and southwestern former operations area, the former City Dump of the City of Cass Lake, and nearby residential properties, encompasses roughly 163 acres. There is one active industrial property located in the site area, several commercial properties, and the adjacent residential area comprised mainly of single-family homes (see Figure 1). Dioxin, pentachloiophenol, and polycyclic aromatic hydrocarbons are the primary contaminants of concern for the Site. Contaminated soil is present, associated with former operations and discharge at the City Dump. Two site-related contaminated ground water plumes are also present. One plume emanates from the north operations area and trends eastward to a channel separating nearby Cass Lake and Pike Bay. A second contaminant plume emanates from the eastern portion of the City Dump in a former pit area and flows southeast to the Fox Creek area (see Figure 2). Initially., tlie Minnesota Pollution Control Agency (MPCA) had lead oversight authority for the St. Regis Site. MP("A issued two Minnesota Enforcement Decision Documents (MEDDs), Record of Decision (ROD) equivalents, for remedial action at the Site. The two MEDDs, signed in 1986, were for the former operations area and the Cass Lake City Dump area. The MEDDs called for then-owner Champion Intemational Corporation (Champion) to perform: 1) municipal water hook-ups, 2) soil excavation and placement in an on-site hazardous contaminated soil containment vault, 3) installation of a ground water extraction and treatment system, and 4) installation of a ground water monitoring well system. The n;niedial actions for the former operations area and the City Dump were completed and approved by MPCA in 1988 and 1989, respectively. MPCA completed the first required Five-Year Review of St. Regis in 1995. The Five-Year Review called for confirmatory sampling because soil clean up was only to visual standards. In addition, the Five-Year Review recommended an ecological risk assessment. In 1995, the United States Environmental Protection Agency (USEPA) became the lead oversight agency for the St. Regis Site at the request of the Leech Lake Band of Ojibwe (LLBO). USEPA conducted a second Fi\'e-Year Review in 2000 which confirmed the recommendations of the first review. Following up on the Five-Year Review recommendations, in 2001, USEPA collected preliminary site soil, surface water, ground water, fish tissue, and sediment data when Intemational Paper (IP), successor to Champion, elected not to participate. Sampling showed dioxin levels in soils of the former operations area exceeding LSEPA policy levels for residential soil contamination. USEPA also ordered IP to perform soil removals to USEPA's residential standards in 2003 on portions of the Site owned by the City of Cass Lake. Residential standards were chosen because the City-owned areas were not zoned commercial/industrial and were not fenced from adjoining residential properties. Soil with dioxin contamination above the USEPA industrial/commercial policy levels on the BNSF Railway Company (BNSF) property was also e:icavated and fenced in 2005. Soil dioxin contamination above USEPA's residential policy standard on the Cass Forest Products property was either fenced or covered in 2006. In 2004, LSEiPA ordered IP to conduct a human health risk assessment (HHRA) and an ecological risk aijsessment (ERA). Sampling for the risk assessments was conducted in 2004 under a USEPA unilateral administrative order. Based on settled dust sampling results collected as a part of the HHRA in homes near tlie fonner operations area which showed unacceptable levels of dioxin, USEPA generated a 2005 Interim ROD for remedial actions. In 2005, USEPA ordered IP to implement the Interim ROD by: 1) perfoiming an initial thorough cleaning of the residences, 2) performing periodic additional house c eaniiigs, 3) applying dust suppression to the unpaved roads, and 4) applying 3 inches of clean fill and then seeding the adjacent residential properties. 8 In 2008, the HHRA was completed and the ecological risk assessment was partially completed. EPA has concluded that, while the Interim Remedial Actions addressed current risks from contaminated soil, there are unacceptable future noncancer risks in residential areas and unacceptable risks to utility workers in a portion of the former operations area. In September 2008, USEPA signed a consent order with BNSF and IP to perform a Feasibility Study (FS) for final site remedial actions for soil. Additional ecological investigations were also required in order to complete the ERA. In 2008, IP collected the necessary sediment samples for the ERA. A draft of the FS was submitted by the PRPs to USEPA in September 2009. Once the FS is finalized, USEPA will select and implement a final remedial action for Site soils. With the exception of the ground water pump and treat system, the remedial measures implemented under the 1986 MEDDs and EPA's 2005 Interim Remedial Actions are operating as intended. The contaminated groundwater extraction system is not fully capturing the ground water plume and needs further study, which is being planned by IP under EPA oversight. EPA's 2005 Interim remedial measures implemented in the residential area are also operating as intended and preventing human exposure to dioxin-contaminated soil and dust. The final remedy
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