National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List, 18347-18351 [05-7230]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Proposed Rules]
[Pages 18347-18351]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-7230]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7896-9]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent for partial deletion of the surface soils of 
the South Tacoma Field (STF) Operable Unit of the Commencement Bay--
South Tacoma Channel Superfund Site from the National Priorities List.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA), Region 10, 
announces its intent to delete the Surface Soils of the South Tacoma 
Field (``STF'') from 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 (State) through Washington Department of Ecology (Ecology) 
have determined that appropriate remedial actions relating to the 
surface soils portion of the STF have been implemented. This partial 
deletion pertains only to the surface soils portion of the STF and does 
not include the other portions of the Site.
    The purpose of the proposed deletion of the surface soils portion 
of the STF is to remove remediated property from the NPL, thereby 
making the land more readily available for beneficial reuse. EPA has 
compiled all relevant

[[Page 18348]]

information and supporting documentation in the administrative record 
for this determination. The administrative record is available for 
review as noted below.

DATES: Comments concerning the proposed partial deletion of the STF 
from the NPL may be submitted on or before May 11, 2005.

ADDRESSES: Comments may be mailed to: Kris Flint, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 10, 1200 Sixth 
Avenue, ECL-111, Seattle, Washington 98101.
    Other Contact Information: phone: 206/553-8155, fax: 206 553-0124, 
e-mail: flint.kris@epa.gov.
    The Administrative Record for the proposed decision provides 
comprehensive information and is on file at the Region 10 Superfund 
Records Center and the information repository. Information on the site 
and a copy of the deletion docket is available for viewing at the 
Information Repositories which are located at: Tacoma Public Library, 
1102 Tacoma Avenue South, Tacoma, Washington 98402, (253) 591-5622; and 
at: U.S. Environmental Protection Agency, Region 10, Superfund Records 
Center, 1200 Sixth Avenue, ECL-076, Seattle, Washington 98101, phone: 
(206) 553-4494.
    Review must be arranged by appointment between the hours of 8:30 
a.m. and 4:30 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Beverly Gaines, EPA Point of Contact, 
U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, 
ECL-110, Seattle, Washington 98101, phone: (206) 553-1066, fax: (206) 
553-0124, e-mail: gaines.beverly@epa.gov .

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region 10 announces 
its intent to delete the surface soils of the South Tacoma Field 
Operable Unit of the Commencement Bay--South Tacoma Channel Superfund 
Site located in Tacoma, Pierce County, Washington, from the National 
Priorities List (NPL) and requests comment on this proposal. The 
groundwater portion of the site remains on the NPL for additional 
monitoring and possible remedial 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. This partial deletion 
of the STF is proposed in accordance with 40 CFR 300.425(e) and the 
Notice of Policy Change: Partial Deletion of Sites listed on the 
National Priorities List 60 FR 55466 (November 1, 1995). EPA will 
accept comments on the proposal to delete the STF for thirty (30) days 
after publication of this document in the Federal Register.
    EPA and Ecology have determined that remedial action of the surface 
soils portion of STF has been successfully completed. A summary of 
cleanup activities conducted can be found in the Final Closeout Report 
for Soils which is available in the information repositories and on the 
Region 10 web-page.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses the procedures EPA is using 
for this action. Section IV discusses the soils portion of the STF and 
explains how the site meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate to protect human 
health or the environment. In making such a determination, EPA, in 
consultation with the State, considers whether the following criteria 
have been met: Sec.  300.425(e)(1). Responsible parties or other 
persons have implemented all appropriate response actions required; 
Sec.  300.425(e)(1)(i). All appropriate Fund-financed response under 
CERCLA has been implemented; Sec.  300.425(e)(1)(ii). 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; Sec.  300.425(e)(1)(iii).
    Deletion of a portion of a site from the NPL does not preclude 
eligibility for subsequent Fund-financed actions at the area deleted if 
future site conditions warrant such actions. Section 300.425(e)(3) of 
the NCP provides that Fund-financed actions may be taken at sites that 
have been deleted from the NPL.
    A partial deletion of a site from the NPL does not affect or impede 
EPA's ability to conduct CERCLA response activities at areas not 
deleted and remaining on the NPL. In addition, deletion of a portion of 
a site from the NPL does not affect the liability of responsible 
parties or impede agency efforts to recover costs associated with 
response efforts.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any person's rights or obligations. Partial 
deletion of STF soils from the NPL will not affect the status of STF 
soils on any Washington Department of Ecology (Ecology) lists and does 
not preclude Ecology from conducting future investigations or requiring 
response actions under State law on any portion of the site.

III. Deletion Procedures

    The following procedures were used for the intended partial 
deletion of this Site:
    (1) The responsible parties for the STF implemented all of the 
required response actions for contaminated soils including excavation, 
removal, stabilization, consolidation, capping, confirmational 
sampling, placement of institutional controls, and post-remedial 
maintenance and monitoring. STF soils are mapped according to a grid 
system designed to clearly show interested parties where certain 
institutional controls apply (e.g., for land restricted to industrial 
use, written development plan must be reviewed by EPA).
    (2) The State of Washington through Ecology concurred with the 
proposed deletion decision in a letter dated March 3, 2005.
    (3) Concurrent with this national notice of intention to delete, a 
public notice will also appear in a local newspaper. Additionally, 
notice has been distributed to appropriate federal, state, and local 
officials and other interested parities to announce commencement of a 
30-day public comment period on EPA's Notice of Intent to Delete.
    (4) All relevant documents have been compiled in the site deletion 
docket and are available in the site file, as noted above.
    Deletion of the STF from the NPL does not in itself, create, alter 
or revoke any individual's rights or obligations. Deletion of the site 
from the NPL does not preclude eligibility for future response actions, 
NCP Sec.  300.425(e)(3).
    For deletion of this STF, EPA's Regional Office will accept and 
evaluate public comments on EPA's Notice of Intent to Delete before 
making a final decision to delete. If necessary, the Agency will 
prepare a Responsiveness Summary to address any significant public 
comments received.
    A partial deletion occurs when the Regional Administrator places a 
final notice in the Federal Register.

[[Page 18349]]

Generally, the NPL will reflect deletions in the final update following 
the notice. Public notices and copies of the Responsiveness Summary 
will be made available to local residents at the Regional Office.

IV. Basis for Intended Site Deletion

    The following summary provides the Agency's rationale for the 
proposal to delete surface soils at the STF from the NPL.

Site Background and History

    In 1981 the Commencement Bay Site was listed on the National 
Priorities List. In a Record of Decision (ROD), dated September 8, 
1983, the Agency divided the Commencement Bay Site into smaller, 
individual sites, one of which became the South Tacoma Channel 
Superfund Site. The South Tacoma Channel Site consists of three 
operable units; South Tacoma Field, Well 12A, and Tacoma Municipal 
Landfill. The STF operable unit is located in Tacoma, Pierce County, 
Washington. Within the city of Tacoma, the STF is located approximately 
between South 36th Street to the north and South 56th Street to the 
south, and between Tyler Way on the west and Adams Street on the east.
    The STF is approximately 260 acres that have been used for a 
variety of industrial and commercial purposes for more than 100 years. 
The area is lower than surrounding upland areas by as much as 150 feet 
on the west. Currently, the STF is mostly a grassed, open field with a 
few industrial and commercial facilities. The site includes a former 
swamp and lake bed that has been filled and covered over time. There is 
a small wetland in this area, along with an open stormwater channel 
along the west and north sides of the site. The site is currently zoned 
for commercial/industrial use with the exception of an 18-acre strip 
along the western border which is zoned for residential-commercial 
transitional use. The western side of STF, near the old airport, is 
also used for casual recreation.
    A variety of industrial and commercial operations have occupied 
different portions of the STF in the past 100 years. The South Tacoma 
Car Shops area operated as a railroad equipment manufacturing, repair 
and maintenance facility from 1892 to 1974. Rail cars were also cleaned 
and dismantled. Foundry facilities operated on-site from 1890 through 
1980. An iron foundry produced iron wheels until 1957. A brass foundry 
produced journal bearings composed primarily of lead, tin, copper, zinc 
and antimony until 1980. Aircraft maintenance and refueling operations 
were performed at the South Tacoma Airport from 1936 to 1973. A lake 
was located beyond the south end of the former runway and, in the late 
1940's, was used by seaplanes. In addition, foundry, construction, and 
domestic wastes reportedly were disposed of as fill material in the 
Former Swamp/Lakebed area. In the 1930's and 1940's portions of the STF 
reportedly were used as unauthorized dumping areas for household and 
commercial wastes. More recent occupation of the STF includes Tacoma 
Public Utilities at the northern end and Pioneer Builders Supply on the 
southeast corner.
    During remedial investigation (RI) contamination was identified in 
the former railroad maintenance area, at the Tacoma Public Utilities 
area, and at the Pioneer Builders Supply. Pioneer used two underground 
storage tanks (USTs) for about five years to store gasoline and diesel 
fuel. During tank excavation in 1991, petroleum contamination was 
discovered in surrounding soils. Also, in 1990 three other tanks were 
uncovered and removed.

Selected Remedy

    The Record of Decision for the STF was signed September 29, 1994, 
and the remedies selected for each portion of the site addressed human 
health risks from exposure to contamination via soil ingestion or 
contact. The protectiveness of selected active remedies for soils 
(e.g., elimination and reduction of risk through excavation, removal, 
and or capping) is supplemented with institutional controls limiting 
future land use to commercial/industrial. No ROD amendments have been 
warranted for soil remediation.
    EPA's ROD summarizes a human health risk assessment (HHRA) 
conducted for this site during the RI/FS. The HHRA evaluated risks due 
to contamination in the soil as well as in groundwater, surface water 
and stormwater ditch. The routes of soil exposure considered in the 
HHRA included ingestion and skin contact for scenarios of industrial, 
residential and recreational use. The HHRA concluded that cleanup of 
the STF was necessary to prevent imminent and substantial endangerment 
to public health from actual or threatened releases of hazardous 
substances.
    EPA's ROD listed the following primary cleanup objectives for 
soils. (1) Excavate soil ``hot spots'', treat them on-site using 
solidification, consolidate and cap them. (2) Cap soils where 
contaminant concentrations exceeded the State's Model Toxics Control 
Act (MTCA) criteria for industrial use. (3) Limit site use, and thus 
human exposure, strictly to industrial where contaminant concentrations 
fall between the MTCA criteria for industrial and residential uses. (4) 
Where the STF was zoned for residential/commercial use and contaminant 
concentrations exceeded the MTCA criteria for residential use, soils 
were to be cleaned up as prescribed in MTCA. The following table 
summarizes the numeric cleanup criteria and the required remedial 
action.

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                 Total        Total  PCBs
           Remedial action level             Arsenic  (mg/   Lead  (mg/kg)   carcinogenic   \1\  PAHs  (mg/  Copper  (mg/   Remedial action for soil (mg/
                                                  kg)                        PAHs  (mg/kg)        kg)             kg)                    kg)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Hotspot (concentrations at & higher than               570          18,000              50              50          45,000  Excavate, stabilize,
 these levels).                                                                                                              consolidate on-site and
                                                                                                                             cap.
                                           -----------------
IN BETWEEN . . . Capping & Hotspot........      Excavate, consolidate, and cap on-site. Institutional controls implemented to limiting land use, safe
                                            development, and public education. With capping materials in place, soils meet State criteria for industrial
                                                                                                use.
                                           -----------------
Capping (at these concentrations).........             200           1,000              20              10  ..............  Cap in place.
                                           -----------------
IN BETWEEN . . . MTCA & Capping...........   Soils meet State criteria for industrial use, institutional controls needed for limiting land use, ensuring
                                                                        safe development, and educating public about the STF.
                                           -----------------

[[Page 18350]]

 
MTCA Residential \1\......................          \2\ 20         \3\ 250           \3\ 1           \3\ 1          2,960
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ At Tacoma City Light Dry Wells (north end of STF), soil concentrations exceeding 50 mg/kg total PCBs and at/or exceeding 0.13 mg/kg endrin were
  excavated for incineration off site.
\2\ Source: Table 9-3 of EPA 1994 ROD. Table 9-3 also shows MTCA residential use levels for the following: aluminum (80,000 mg/kg); antimony (32 mg/kg);
  beryllium (0.23 mg/kg); manganese (11,200 mg/kg); zinc (24,000 mg/kg); aldrin (0.059 mg/kg); 3-3-dichlorobenzidine (2.2 mg/kg); and pentachlorophenol
  (8.3 mg/kg).
\3\ Source: Table 9-3 of EPA 1994 ROD. These are MTCA Method A.

    A groundwater study confirmed that inorganic metals leaching from 
contaminated soils did not pose a threat to groundwater. Total lead was 
chosen as the indicator chemical in this study due the high volume and 
concentrations of lead-contaminated soil at the STF. Consequently, lead 
concentrations in groundwater continues to be monitored by the 
Potentially Responsible Parties (PRPs) at locations across the site, 
particularly where contaminated soils are consolidated. No increase has 
been found, but monitoring will continue after the partial deletion.

Remedy Implementation for Soils

    On January 14, 1997, a Consent Decree (CD) was filed and bound the 
settling defendants to perform the remedies selected in the ROD and to 
select a supervising contractor. The CD requirements include further 
sampling for remedial design, actual cleanup and confirmational 
sampling, implementing institutional controls, and a long-term 
maintenance and monitoring program.
    Tacoma City Light was the party responsible for PCB-contaminated 
dry wells at the north end of the STF. Tacoma City Light initiated this 
cleanup in August 1997, and completed cleanup in January 1998, prior to 
the beginning of remedial action on the remainder of the site in June 
1998. Tacoma City Light's primary cleanup objective for the dry wells 
was to remove all contaminated soils exceeding MTCA concentrations for 
residential use which was a more aggressive cleanup than selected for 
the rest of the site in the ROD. City Light excavated soils with PCB 
concentrations above 1 mg/kg and endrin concentrations above 0.13 mg/kg 
and transported them off-site for incineration.
    The remaining remedial action (RA) activities at the STF began in 
June 1998. The following work was conducted in accordance with the ROD 
and the CERCLA CD.
    (1) Approximately 6,300 tons of soil exceeding hot-spot 
concentrations were excavated and treated (i.e., stabilized with a 
phosphate-based reagent). These soils were consolidated on-site and 
covered with a clean soil cap at the north end of the STF.
    (2) At Pioneer Builders Supply 15.4 tons of soil with PCBs 
exceeding 50 mg/kg were excavated and disposed of off-site.
    (3) 113,607 tons of soil with contaminant concentrations between 
the capping and hot-spot concentrations were consolidated and capped.
    (4) An estimated 13.7 acres of the STF was capped (approximately 5% 
of 260 total acres).
    (5) Buried tanks, drums and contents were removed and disposed. 
Associated contaminated soils and solid wastes were also removed and 
disposed at a permitted facility.
    (6) Sub-surface soils contaminated over capping-level 
concentrations were capped where excavation and consolidation were not 
cost-effective and became subject to institutional control.
    (7) Institutional controls prohibiting residential development and 
limiting exposure were installed (e.g., drinking water restrictions, 
vegetation planting/maintenance on caps, fencing, grid markers for 
surveying integrity of capped areas over time, future development 
limitations to protect and/or supplement capped areas). These are 
implemented through the CD and restrictive covenants.
    (8) During construction, air was monitored to assess airborne 
contaminant concentrations in the work area and at site boundaries.

Operation and Maintenance

    The 1997 CD requires the Settling Defendants to perform inspections 
and necessary actions for long-term operation and maintenance (O&M) of 
the remedy. The first annual O&M report, received in 2000, identified a 
number of issues for further monitoring and/or resolution, such as 
minor settling on one cap and subsequent stormwater ponding. Since the 
first year, maintenance has consisted of re-locating grid markers, 
replacing lost marker tags, monitoring public access areas for erosion, 
maintaining fences/gates, and monitoring/replacing vegetation to 
prevent wind/water erosion. Semi-annual monitoring has been effective 
in preserving the integrity of capped areas and consolidated/capped 
areas of the STF.
    Settling defendants are responsible under the CD for continuing 
both O&M and institutional control work after soils are partially 
deleted; although, the CD allows EPA to reduce O&M requirements if 
future developments warrant. For example, when fill is added to a 
capped area to provide a level foundation for building slabs, EPA may 
determine it is no longer necessary to monitor vegetation and erosion 
for that location.

Five-Year Reviews

    The first Five-Year Review Report for this STF was completed in 
June 2003. It determined the implemented remedies continue to protect 
human health and the environment and that additional protective 
measures are not needed. Three key findings relevant to the soil 
remedies at STF are summarized below.
    (1) The selected remedy for contaminated soils (clean capping) is 
working and meets the goals specified in the ROD. Institutional 
controls are in place and effective as evidenced by frequent inquiries 
from developers interested in various portions of the site. 
Consolidation of ``hot-spot'' contamination with thick cap coverage is 
protective and will remain so as long as commitments to the integrity 
of caps and fences are kept. General groundwater monitoring associated 
with soil contamination or consolidation shows no change has occurred 
and inorganic metals, based on the indicator of total lead, is not 
posing a threat to groundwater.
    (2) The assumptions, data, cleanup levels and cleanup objectives 
used at the time of the remedies are still valid. Although Ecology 
modified MTCA substantially in 2001, the modifications to the 
industrial standards do not affect the protectiveness of the soil 
remedies prescribed in the 1994 ROD.
    (3) Between issuance of the ROD in 1994 and the First Five-Year 
Review in

[[Page 18351]]

2003, no other information has come to light that could call into 
question the protectiveness of the remedy for human health and the 
environment. The remedies at STF for soil and general groundwater 
protection are protective of human health and the environment in both 
short and long term.
    The First Five Year Review Report for STF found that remedial 
action objectives for soil cleanup had been met and that the soil 
remedies were protective of human health. The second Five-Year Review 
Report for STF is scheduled for 2008 when Region 10 will once again 
address these questions.

Institutional Controls

    After remedial actions were completed in 1999, EPA approved the 
Site Development and Institutional Controls Plan (SDICP) which was 
developed in accordance with the CD. The SDICP requires parties 
interested in developing portions of the STF to contact EPA for 
concurrence with those plans. Since 1999, EPA has entertained several 
inquiries related to different types of development on portions of the 
site. As standard procedure, EPA's role in these interactions is to: 
(a) Answer questions via phone or e-mail; (b) encourage interested 
parties to obtain and read a copy of the SDICP; (c) provide oral 
history of the site, explaining the Superfund process in general and 
the SDICP in particular; (d) assist parties reviewing the EPA site file 
(appointments, questions/answers); and (e) address written development 
proposals as provided by interested parties.
    In general, institutional controls at this site fall into two 
categories: proprietary controls, such as restrictive covenants for 
access and drinking water use; and enforcement controls, such as CD 
requirements for receiving EPA approval on development plans at certain 
areas of the site. In addition, while not required by the ROD, 
governmental controls, such as zoning requirements limit the type of 
land use.
    Since RA has been completed for the soils, the focus of STF Site 
management is assuring potential developers understand the SDICP and 
how institutional controls may affect their plans. Section 3 of the 
SDICP highlights and clearly explains how the limitations and 
requirements associated with developing any portion of the STF will 
work, in terms of dealing with any remaining soil contamination, 
transferring property, allowing access, etc. Some redevelopment has 
already occurred and new development inquiries continue, indicating 
that institutional controls are working and will allow redevelopment in 
a manner that protects both the soil remedies and human health.

Community Involvement

    Since the remedy was completed in 1999, the public has not 
demonstrated particular interest in the STF except for questions 
related to commercial/industrial development (see below). For issuance 
of the First Five-Year Review Report, EPA published a notice for 
conducting the review in the Tacoma News Tribune (February 24, 2003) 
and sent approximately 215 notices to addressees on the public mailing 
list for this site. Only one citizen responded by calling to learn more 
about the soil remedy based on concerns about eating wild blackberries 
from, and walking dogs on, unoccupied portions of the STF. Staff from 
the Tacoma-Pierce County Health Department (TPCHD) and Ecology also 
contacted Region 10 with technical input for the review. A second 
notice to the community was mailed at the end of the Five-Year Review 
process with notification that the remedies are still protective.
    This Notice of Intent to Partially Delete the soils portion of the 
STF and a complete copy of the Final Closeout Report/Soils will be 
posted to the Region 10 EPA web-page where the First Five-Year Review 
Report is also available. Concurrent with this Federal Register Notice 
of Intention to Delete, public notice is also being published in the 
Tacoma News Tribune. Individual notices and a brief fact sheet will be 
sent to the mailing list for the site.

State Concurrence

    One of the three criteria for site deletion specifies that EPA may 
delete a site from the NPL if ``responsible parties have implemented 
all appropriate response actions required.'' In concurrence with the 
State of Washington, provided to EPA on March 3, 2005, EPA believes 
that this criterion for deletion of soils at the STF Site has been met. 
EPA is proposing partial deletion of this site from the NPL. Documents 
supporting this action are available from the docket in the file.

    Dated: March 30, 2005.
Ronald A. Kreizenbeck,
Acting Regional Administrator, Region 10.
[FR Doc. 05-7230 Filed 4-8-05; 8:45 am]
BILLING CODE 6560-50-P