[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Proposed Rules]
[Pages 32468-32471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15274]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-6360-5]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete Old Inland Pit NPL site from the
National Priorities List update: request for comments.
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SUMMARY: The Environmental Protection Agency (EPA), Region 10,
announces its intent to delete the Old Inland Pit NPL Site from the
National Priorities List (NPL) and requests public comment on this
proposed action. The NPL constitutes Appendix B of 40 CFR part 300
which is the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), which EPA promulgated pursuant to Section 105
of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) of 1980, as amended. EPA and the State of
Washington Department of Ecology (Ecology) have determined that the
Site poses no significant threat to public health or the environment
and, therefore, further remedial measures pursuant to CERCLA are not
appropriate.
DATES: Comments concerning this Site may be submitted on or before July
19, 1999.
ADDRESSES: Comments may be mailed to: Beverly Gaines, Environmental
Protection Agency, 1200 Sixth Avenue, Mail Stop, ECL-110, Seattle,
Washington 98101.
Comprehensive information on this Site is available through Ecology
which is available for viewing at the Old Inland Pit Site information
repositories at the following locations:
Washington Department of Ecology, Eastern Regional Office, 4601 North
Monroe Street, Suite 202, Spokane, WA 99205-1295.
Spokane Public Library, 12004 E. Main Avenue, Spokane, WA 99205-5193.
The deletion docket for the deletion of the Old Inland Pit Site is
available through EPA at the following locations: U.S. Environmental
Protection Agency, Region 10, 1200 Sixth Avenue, Superfund Records
Center, Seattle, WA 98101.
FOR FURTHER INFORMATION CONTACT: Beverly Gaines, U.S. EPA Region 10,
1200 Sixth Avenue, Mail Stop, ECL-110, Seattle, Washington 98101, (206)
553-1066.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion
I. Introduction
The Environmental Protection Agency (EPA) Region 10 announces its
intent to delete the Old Inland Pit Site (``Site'') at 3500 N. Sullivan
Road, Spokane, Washington, from the National Priorities List (NPL) and
requests public comment on this proposed action. The NPL constitutes
Appendix B of 40 CFR Part 300 which is the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP), which EPA promulgated
pursuant to Section 105 of the Comprehensive Environmental Response,
Compensation, and Liability Act (CERCLA) of 1980, as amended. EPA
identifies sites on the NPL that appear to present a significant risk
to human health or the environment. The Old Inland Pit Site does not
present a significant threat to human health or the environment. As
described in Sec. 300.425(e)(3) of the NCP, sites deleted from the NPL
remain eligible for federal Fund-financed remedial actions or state
action under the Model Toxics Control Act (MTCA) in the unlikely event
that conditions at the site warrant such actions.
EPA plans to delete the Old Inland Pit Site (``Site'') at 3500 N.
Sullivan Road, Spokane, Washington, from the NPL. EPA will accept
comments on the plan to delete this site for thirty days after
publication of this document in the Federal Register.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Old Inland Pit Site and
explains how the Site meets the deletion criteria.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that ``releases'' (sites)
may be deleted from, or recategorized on the NPL where no further
response is appropriate. In making a determination to delete a site
from the NPL, EPA shall
[[Page 32469]]
consider, in consultation with the state, whether any of the following
criteria have been met:
(i) Responsible parties or other parties have implemented all
appropriate response actions required;
(ii) All appropriate Fund-financed responses under CERCLA have been
implemented, and no further action by responsible parties is
appropriate, or
(iii) The remedial investigation has shown that the release poses
no significant threat to public health or the environment and,
therefore, taking of remedial measures is not appropriate.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants or contaminants remain at the site above levels that allow
for unlimited use and unrestricted exposure, EPA's policy is that a
subsequent review of the site will be conducted at least every five
years after the initiation of the remedial action at the site to ensure
that the site remains protective of human health and the environment.
In the case of the Old Inland Pit Site, a five year review is not
required at this site under CERCLA because no hazardous substances
remain on site above appropriate cleanup levels, and no conditional
points of compliance have been established. Whenever there is a
significant release from a site deleted from the NPL, the site may be
restored to the NPL without application of the Hazard Ranking system.
III. Deletion Procedures
The following procedures have been used for the intended deletion
of this Site:
(1) Ecology has issued a Final Closeout Report (FCOR) which
documented the completion of all appropriate remedial activities; (2)
Ecology has issued a letter certifying that no further remedial action
is expected and that the remedy is protective of human health and the
environment; (3) EPA has concurred with Ecology's finding that the
remedy is protective of human health and the environment; (4) Ecology
has concurred with the proposed deletion decision; (5) A notice has
been published in the local newspaper and distributed to appropriate
Federal, state, and local officials and other interested parties
announcing the commencement of a 30-day public comment period on EPA's
Notice of Intent to Delete; and, (6) All relevant documents have been
made available for public review in the local site information
repositories.
Deletion of the Site from the NPL does not in itself, create, alter
or revoke any individual rights or obligations. The NPL is designed
primarily for informational purposes to assist Agency management. As
mentioned in Section II of this Notice, 40 CFR 300.425(e) (3) states
that deletion of a site from the NPL does not preclude eligibility for
future Federal Fund-financed response actions or future actions under
the state's MTCA.
EPA's Regional Office will accept and evaluate public comments on
the EPA's Notice of Intent to Delete before making a final decision.
The Agency will prepare a Responsiveness Summary if any significant
public comments are received.
A deletion occurs when the Regional Administrator places a final
notice in the Federal Register. Generally, the NPL will reflect
deletions in the final update following the Notice. Public notices and
copies of the Responsiveness Summary will be placed in the local
repositories and made available to local residents by the Regional
Office.
IV. Basis of Intended Site Deletion
The following site summary provides the Agency's rationale for the
intention to delete the Site from the NPL.
A. Site Background
The ten-acre Old Inland Pit was operated by Inland Asphalt as a
sand and gravel source from 1969 to 1978. Materials were excavated to a
depth of 35 to 50 feet below ground surface. Spokane Steel Foundry
Company (SSFC), located just east of the pit, disposed of waste foundry
sands and baghouse dust from May 1978 to May 1983. The sands were from
metal molding operations, and the baghouse dust was generated from sand
sieving, sandblasting operations, and the residue of electric arc
furnaces. Approximately 200 tons of baghouse dust was thought to have
been disposed of in the pit. Foundry sand disposal continued until
1986. In addition to the foundry dusts, permission was also given to
Inland Asphalt and Central Premix to dispose of construction debris,
and to Quarry Tile Company for disposal of broken decorative clay
tiles. Combined dumping from all sources raised the bottom level of the
pit to a uniform 35 feet below ground surface.
Concerns that the baghouse dust was potentially a hazardous waste
first arose in 1981. In May 1983, Ecology collected four baghouse dust
samples from the SSFC plant baghouses for waste classification. Two
samples were from the sandblasting/sand sieving operations, and two
were from the electric arc furnaces. All materials passed the EP
Toxicity test, but the furnace dusts failed the Static Basic Acute Fish
Toxicity test (fish bioassay) and were classified as state-only
dangerous waste under the authority of WAC 173-303. The foundry sands
from the sieving/abrader operations were not classified as dangerous
waste.
In August 1984, Ecology & Environment (E&E) conducted a Preliminary
Site Assessment (PSA) for the Environmental Protection Agency (EPA),
which consisted of interviews with SSFC personnel, a site visit, and
soil sampling. PSAs are done to estimate threats posed by sites to
human health and the environment. Samples were analyzed for inorganics,
pesticides, and volatile and semi-volatile organics; elevated
concentrations of copper, zinc, nickel, and chromium were detected. The
results of the PSA were used to complete a Hazard Ranking System (HRS)
scoring. The site scored 29.45, high enough to be nominated to the
National Priorities List (NPL) in 1986. The nomination was finalized in
February of 1990.
In July 1986, Reed Corporation was contracted by CH&E Investments
to assess the data gathered during the PSA, collect data to confirm
those samples, and provide additional site characteristics. E&E
collected additional soil and dust samples for the EPA in late 1988 to
assess the distribution and concentration of potential contaminants on
the site. Both sample sets were analyzed for inorganics, organics, and
pesticides.
E&E, under contract to Ecology, collected additional soil samples
and installed four groundwater monitoring wells in May of 1991.
Groundwater samples were collected from these wells in May 1991 and
April 1993. Those groundwater samples and the splitspoon samples
collected during well installation were analyzed for the same groups of
analyses as previous samples.
On April 20, 1995, the PLPs entered into an Agreed Order with
Ecology after public notice and opportunity to comment. Dames & Moore
began site investigation on behalf of the PLPs. Further soil sampling
was performed. Groundwater samples were taken in January 1995, March
1996, June 1996, and September 1996. Additional dust samples were also
collected from the pit floor in September 1995 for a second fish
bioassay test. Those test results indicated the material would no
longer be characterized as a state dangerous waste, likely due to the
difference in sampling location. The complete history of site
investigations and sampling results is presented in the Final Phase I
Remedial Investigation (RI) (Dames & Moore, 1998).
[[Page 32470]]
B. Conclusions of Studies Conducted at the Site
The RI was completed by Dames & Moore, contractors to CH&E
Investments, in August of 1998. The conclusions reached by the studies
are summarized below:
The site is located in an historically industrial area,
with current and future use expected to continue as such;
Approximately 200 tons of furnace baghouse dust was
disposed of during a five-year period, mainly in the northeast and
south central sections of the pit;
Fish bioassay testing initially designated the furnace
dust as a state-only dangerous waste, but repeat testing has shown that
the waste no longer classifies as such;
Contaminants of potential concern in soils were
inorganics, especially arsenic, chromium, zinc, and aluminum. These
were all detected at levels below applicable cleanup standards.
Groundwater has not been affected by waste disposal practices at the
Site.
The site overlies the Spokane Valley-Rathdrum Prairie Aquifer, the
sole source of water for the greater Spokane area. Groundwater at the
site is about 65 to 70 feet below ground surface, and flows from the
northeast to the southwest towards the Spokane River. Materials at
depth and near the surface are comprised of native sands and gravels.
The surficial soils are a mixture of native deposits and backfilled
material, including the foundry sands and baghouse dust.
Method C Industrial Soil Cleanup Levels, specified in the
Washington State Model Toxics Control Act (MTCA), were used since the
site and the surrounding properties will remain industrial. Method C
Industrial cleanup levels are protective of exposures at a cancer risk
of 1x10-6 an a hazard index of 1. The highest possible use
of groundwater is drinking water, so Method B Groundwater cleanup
levels were applied. Method B cleanup levels are also protective of
exposures at a cancer risk of 1x10-6 and a hazard index of
1. The concentrations of inorganics in both groundwater and soil are
below their respective risk-based cleanup levels. Details of cleanup
level development are presented in the Cleanup Action Plan issued by
Ecology on January 20, 1999.
C. Remedial Construction Activities
Since there are no contaminants exceeding cleanup levels, no
contamination of groundwater, and minimal risks from hazardous
materials remaining on site, the Cleanup Action Plan required no
remedial activities. MTCA requires that where Method C Industrial Soil
Cleanup Levels are used, a restrictive convenant must be placed with
the deed. A restrictive convenant was placed with this property for
that purpose, with the following restrictions: industrial use only, no
withdrawal of water, maintenance of fences and locked gates, and no
actions that may facilitate a release or create an exposure pathway.
D. Characterization of Risk
The site is located in an industrially-zoned area, surrounded by
properties all currently used in an industrial capacity. Future use of
the site and the surrounding properties is expected to remain similar
to current usage. Therefore, no residential or commercial exposure
scenarios are anticipated.
Contaminants of potential concern at the site include metals and
non-metallic elements such as aluminum, copper, zinc, iron, arsenic,
and magnesium. These elements are present in varying concentrations in
the soils on-site. Vegetation in the form of weeds and grasses covers
most of the soil surface limiting the potential for windblown soil
transport.
A direct contact pathway exists between people and surface soils.
Although a fence surrounds the site restricting access, future workers
have the potential to be in direct contact with soils down to a depth
of 15 feet. WAC 173-340-740(6)(c) specifies that 15 feet is a
``reasonable estimate of the depth of soil that could be excavated and
distributed at the soil surface as a result of site development
activities.'' A deed restriction will alert future owners on
restrictions on land use or development and risks associated with these
activities.
Groundwater below the site has the potential to be affected by
downward filtration of surface water through contaminated soils.
However, sampling indicates that groundwater has not been contaminated
and that leaching is not occurring. Therefore, the potential for
ingestion of contaminated water due to site materials is unlikely.
Surface water is channeled to the pit floor where it percolates
downward. Due to the nature of the soils, precipitation does not pond
on or run off the surface. Transport of contaminated soils off-site via
surface water is unlikely due to these features. Contact with
temporarily ponded surface waters might happen during an extended
precipitation event. Surface waters are not a permanent site feature,
thus it represents an insignificant pathway.
E. Compliance Monitoring
According to MTCA, compliance monitoring is required for all
cleanup actions. Compliance monitoring shall take place at the site to
ensure that residual contaminants in site soils do not move or affect
other site media. The compliance monitoring plan will consist of one
year of groundwater sampling of wells MW-1 and MW-4 to confirm that
aquifer remains unaffected by residual metals in site soils. Water
samples will be collected quarterly beginning in February 1999 and
tested for eight metals that were detected in previous groundwater
sampling. Samples will be collected and analyzed using the same
standard EPA methods as prior sampling, with similar techniques and QA/
QC procedures. After one year, the data will be reviewed by Ecology to
determine if compliance monitoring should continue.
F. Five-Year Review
A five-year review is not required at this site under MTCA or
CERCLA because no hazardous substances remain on site above appropriate
cleanup levels, and no conditional points of compliance have been
established. Additional details on the compliance monitoring plan can
be found in the Cleanup Action Plan.
G. Public Participation
Community input has been sought by Ecology throughout the cleanup
process for the site. Community relations activities have included
several public notices in local newspapers and routine publication of
progress fact sheets. A copy of the Deletion Docket can be reviewed by
the public at the EPA, Region 10 Superfund Records Center. The Deletion
Docket includes this document, the CAP, and the Final Closeout Report.
Comprehensive Site files are available for review at the Spokane Public
Library, 12004 E. Main Avenue, Spokane, WA 99205-5193, and the
Washington Department of Ecology, Eastern Regional Office, 4601 North
Monroe, Suite 202, Spokane, WA 99205-1295. EPA Region 10 will also
announce the availability of the Deletion Docket for public review in a
local newspaper and informational fact sheet.
H. Applicable Deletion Criteria
One of the three criteria for deletion specifies that EPA may
delete a site from the NPL if ``responsible parties or other persons
have implemented all appropriate response actions required''. EPA, with
the concurrence of Ecology, has determined that this criteria for
deletion has been met. EPA and Ecology
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believe that no significant threat to human health or the environment
remains because pathways of concern for exposure to contaminants no
longer exist. If new information comes available that indicates that
there is a significant threat to human health or the environment then
EPA or Ecology can require or conduct additional remedial action, if
appropriate. Subsequently, EPA is proposing deletion of this site from
the NPL. Documents supporting this action are available from the
docket.
Dated: June 7, 1999.
Chuck Clarke,
Regional Administrator, Region 10.
[FR Doc. 99-15274 Filed 6-16-99; 8:45 am]
BILLING CODE 6560-50-P
