National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Vancouver Water Station #1 Superfund Site, 44548-44551 [2017-20449]
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44548
Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules
will be verified by regular monitoring by
the City of Vancouver.’’
The analysis conducted since the last
FYR indicates that the remedy has been
fully implemented and the remedial
action objectives and related cleanup
levels have been attained. No hazardous
substances, pollutants or contaminants
remain above levels that could prevent
unlimited use and unrestricted
exposure. Therefore, no further five-year
reviews are required.
Dated: August 25, 2017.
Sheryl Bilbrey,
Director—Region 10 Office of Environmental
Cleanup.
Community Involvement
[EPA–HQ–SFUND–2005–0011; FRL–9967–
24–Region 5]
Public participation activities have
been satisfied as required in CERCLA
Section 113(k), 42 U.S.C. 9613(k) and
CERCLA Section 117, 42 U.S.C. 9617.
Throughout the remedial process, the
EPA has kept the public informed of
activities being conducted at the Site by
way of informational meetings, fact
sheets and public meetings.
Documents in the deletion docket
which the EPA relied on for the
recommendation for deletion from the
NPL are available to the public in the
information repositories identified
previously. A notice of availability of
the Notice of Intent for Deletion has
been published in The Columbian.
Determination That the Site Meets the
Criteria for Deletion in the NCP
The EPA, with concurrence of the
State of Washington through the
Department of Ecology, has determined
that the implemented remedy achieves
the degree of cleanup or protection
specified in the ROD for all pathways of
exposure. All selected remedial and
removal action objectives and associated
cleanup levels are consistent with
agency policy and guidance. No further
Superfund response is needed to protect
human health and the environment.
In accordance with 40 CFR
300.425(e), sites may be deleted from
the NPL where all appropriate response
actions have been implemented and
where no further response is
appropriate. Consistent with this, the
EPA is proposing deletion of this Site
from the NPL.
asabaliauskas on DSKBBXCHB2PROD with PROPOSALS
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
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[FR Doc. 2017–20448 Filed 9–22–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Nutting Truck & Caster Co.
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notification of
intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 5 is issuing a
Notice of Intent to Delete the Nutting
Truck & Caster Co. Superfund Site (Site)
located in Faribault, Minnesota, from
the National Priorities List (NPL) and
requests public comments on this
proposed action. The NPL, promulgated
pursuant to Section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of Minnesota, through the
Minnesota Pollution Control Agency,
have determined that all appropriate
response actions under CERCLA have
been completed. However, this deletion
does not preclude future actions under
Superfund.
DATES: Comments must be received by
October 25, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–2005–0011, by mail to
Randolph Cano, NPL Deletion
Coordinator, U.S. Environmental
Protection Agency Region 5 (SR–6J), 77
West Jackson Boulevard, Chicago, IL
60604. Comments may also be
submitted electronically or through
hand delivery/courier by following the
detailed instructions in the ADDRESSES
section of the direct final rule located in
the rules section of this Federal
Register.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Randolph Cano, NPL Deletion
Coordinator, U.S. Environmental
Protection Agency Region 5 (SR–6J), 77
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Fmt 4702
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West Jackson Boulevard, Chicago, IL
60604, (312) 886–6036, email:
cano.randolph@epa.gov.
SUPPLEMENTARY INFORMATION: In the
‘‘Rules and Regulations’’ Section of
today’s Federal Register, we are
publishing a direct final Notice of
Deletion of the Site without prior Notice
of Intent to Delete because we view this
as a noncontroversial revision and
anticipate no adverse comment. We
have explained our reasons for this
deletion in the direct final Notice of
Deletion, and those reasons are
incorporated herein. If we receive no
adverse comment(s) on this deletion
action, we will not take further action
on this Notice of Intent to Delete. If we
receive adverse comment(s), we will
withdraw the direct final Notice of
Deletion, and it will not take effect. We
will, as appropriate, address all public
comments in a subsequent final Notice
of Deletion based on this Notice of
Intent to Delete. We will not institute a
second comment period on this Notice
of Intent to Delete. Any parties
interested in commenting must do so at
this time.
For additional information, see the
direct final Notice of Deletion which is
located in the Rules section of this
Federal Register.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
Dated: August 21, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
[FR Doc. 2017–20346 Filed 9–22–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1994–0009; FRL–9967–
38–Region 10]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Vancouver Water Station #1
Superfund Site
Environmental Protection
Agency (EPA).
AGENCY:
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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Proposed Rules
ACTION:
Proposed rule; notification of
intent.
The Environmental Protection
Agency (EPA) Region 10 is issuing a
Notice of Intent to Delete the Vancouver
Water Station #1 Contamination
Superfund Site (Site) located in
Vancouver, Washington, from the
National Priorities List (NPL) and
requests public comments on this
proposed action. The NPL, promulgated
pursuant to section 105 of the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is
an appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of Washington, through the
Department of Ecology have determined
that all appropriate response actions
under CERCLA, have been completed.
However, this deletion does not
preclude future actions under
Superfund.
SUMMARY:
Comments must be received by
October 25, 2017.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1994–0009, by one of the
following methods:
(1) https://www.regulations.gov.
Follow on-line instructions for
submitting comments.
(2) Email: Laura Knudsen,
Community Involvement Coordinator, at
knudsen.laura@epa.gov.
(3) Mail: Laura Knudsen, U.S. EPA
Region 10, 1200 Sixth Avenue, Suite
900, RAD–202–3, Seattle, Washington
98101.
(4) Hand delivery: USEPA Region 10
Records Center, 1200 Sixth Avenue,
Suite 900, Seattle, Washington. Such
deliveries are only accepted during the
Docket’s normal hours of operation, and
special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1994–
0009. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov Web site is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
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DATES:
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or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the Internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in the
hard copy. Publicly available docket
materials are available either
electronically in https://
www.regulations.gov or in hard copy at:
USEPA Region 10 Records Center, 1200
Sixth Avenue, Suite 900, Seattle,
Washington, Monday through Friday,
except Federal holidays, between 8:00
a.m. and 5:00 p.m.
City of Vancouver Water Resources
Education Center, 4600 SE Columbia
Way, Vancouver, Washington,
Monday through Friday, except
holidays, between 9:00 a.m. and 5:00
p.m. and Saturday between noon and
5:00 p.m., Phone: 360–487–7111.
FOR FURTHER INFORMATION CONTACT:
Jeremy Jennings, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 10, ECL–122, 1200
Sixth Avenue, Suite 900, Seattle,
Washington 98101, 206–553–2724,
email jennings.jeremy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
EPA Region 10 announces its intent to
delete the Vancouver Water Station #1
Contamination Superfund Site from the
National Priorities List (NPL) and
requests public comment on this
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44549
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 maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Sites on the NPL may be
the subject of remedial actions financed
by the Hazardous Substance Superfund
(Fund). As described in 40 CFR
300.425(e)(3) of the NCP, sites deleted
from the NPL remain eligible for Fundfinanced remedial actions if future
conditions warrant such actions.
EPA will accept comments on the
proposal to delete this Site for thirty
(30) 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 Vancouver Water
Station #1 Contamination Superfund
Site and demonstrates how it 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. In making such a
determination pursuant to 40 CFR
300.425(e), EPA will consider, in
consultation with the State, whether any
of the following criteria have been met:
(1) Responsible parties or other
persons have implemented all
appropriate response actions required;
(2) all appropriate Fund-financed
response under CERCLA has been
implemented, and no further response
action by responsible parties is
appropriate; or
(3) the remedial investigation has
shown that the release poses no
significant threat to public health or the
environment and, therefore, the taking
of remedial measures is not appropriate.
Pursuant to CERCLA section 121(c)
and the NCP, EPA conducts five-year
reviews to ensure the continued
protectiveness of remedial actions
where hazardous substances, pollutants,
or contaminants remain at a site above
levels that allow for unlimited use and
unrestricted exposure. EPA conducts
such five-year reviews even if a site is
deleted from the NPL. EPA may initiate
further action to ensure continued
protectiveness at a deleted site if new
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information becomes available that
indicates it is appropriate. Whenever
there is a significant release from a site
deleted from the NPL, the deleted site
may be restored to the NPL without
application of the hazard ranking
system.
III. Deletion Procedures
The following procedures apply to
deletion of the Site:
(1) EPA consulted with the State
before developing this Notice of Intent
to Delete.
(2) EPA has provided the State 30
working days for review of this notice
prior to publication of it today.
(3) In accordance with the criteria
discussed above, EPA has determined
that no further response is appropriate.
(4) The State of Washington, through
the Department of Ecology, has
concurred with deletion of the Site from
the NPL.
(5) Concurrently with the publication
of this Notice of Intent to Delete in the
Federal Register, a notice is being
published in a major local newspaper,
The Columbian. The newspaper notice
announces the 30-day public comment
period concerning the Notice of Intent
to Delete the site from the NPL.
(6) The EPA placed copies of
documents supporting the proposed
deletion in the deletion docket and
made these items available for public
inspection and copying at the Site
information repositories identified
previously.
If comments are received within the
30-day public comment period on this
document, EPA will evaluate and
respond appropriately to the comments
before making a final decision to delete.
If necessary, EPA will prepare a
Responsiveness Summary to address
any significant public comments
received. After the public comment
period, if EPA determines it is still
appropriate to delete the Site, the
Director of EPA’s Region 10 Office of
Environmental Cleanup will publish a
final Notice of Deletion in the Federal
Register. Public notices, public
submissions and copies of the
Responsiveness Summary, if prepared,
will be made available to interested
parties and in the site information
repositories listed previously.
Deletion of a site from the NPL does
not itself create, alter, or revoke any
individual’s rights or obligations.
Deletion of a site from the NPL does not
in any way alter EPA’s right to take
enforcement actions, as appropriate.
The NPL is designed primarily for
informational purposes and to assist
EPA management. Section 300.425(e)(3)
of the NCP states that the deletion of a
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site from the NPL does not preclude
eligibility for future response actions,
should future conditions warrant such
actions.
IV. Basis for Intended Site Deletion
The following information provides
EPA’s rationale for deleting the Site
from the NPL:
Site Background and History
The Vancouver Water Station #1
Contamination Superfund Site (EPA ID:
WAD988519708) is located within
Waterworks Park near the center of the
City of Vancouver, Clark County,
Washington. Water Station #1 (WS1) is
a public water supply wellfield made up
of ten groundwater production wells,
five air-stripping towers and a holding
reservoir. Water from WS1 is blended
with water from several other wellfields
to provide drinking water to
approximately 230,000 people in the
Vancouver region.
The Water Station has been owned by
the City of Vancouver (City) and
managed as part of their drinking water
supply system for over 60 years. In
1988, pursuant to the Safe Drinking
Water Act (SDWA), the City began
monitoring volatile organic compounds
(VOCs) in water supplied from all of its
water stations. These tests found
tetrachloroethylene (PCE) to be present
in several of the WS1 wells at levels
above the maximum contaminant level
(MCL) established under the SDWA.
The City notified the public and
modified the pumping rates at
individual wells so that PCE levels in
the drinking water delivered to
customers was consistently below the
MCL.
Groundwater samples collected
between 1988 and 1992 indicated levels
of PCE in the groundwater as high as 30
mg/L. While the City managed the
drinking water system such that the
drinking water distributed to customers
remained below the MCL of 5 mg/L,
elevated concentrations of PCE
continued to be present in the
groundwater. In 1993, the City installed
five air stripping towers at the Site and
began routing all the water extracted
from the WS1 wellfield through the air
strippers prior to distribution to
customers. This treatment reduced PCE
levels to below analytical detection
limits.
On June 23, 1993, EPA proposed WS1
for listing on the NPL (58 FR 34018).
The NPL listing for the Site was
finalized on May 31, 1994 (59 FR
27989).
The City continues to use the water
from the WS1production wells as part of
their drinking water supply system. A
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park has been developed on the land
surrounding the wellfield.
Remedial Investigation and Feasibility
Study (RI/FS)
A baseline risk assessment quantified
the potential risks to future residents
consuming untreated water ranged to be
from 1E–06 to 6E–06 (1 to 6 excess
cancers in 1,000,000 people). EPA found
it was necessary to take action at WS1
because the groundwater at several
production wells had been shown to
have persistent concentrations of PCE
above the MCL.
In 1989 and 1990, several
investigations were conducted by the
City and EPA. No pattern was found in
the soil or groundwater data that might
indicate the location of the potential
source of PCE. Based on these results,
EPA concluded that the likelihood of
identifying a significant source was low
and that further investigation into
source identification was not warranted.
Selected Remedy
On September 11, 1998, the EPA
issued a Record of Decision (ROD) for
the Site. PCE was identified as the only
Contaminant of Concern. Remedial
Action Objectives were established to
protect human health by reducing
concentrations of PCE in the
groundwater drinking water to below
the MCL (5.0 mg/L).
The selected remedy for the Site
included pumping the production wells
at a rate consistent with customer
demand until such time as the PCE level
in the groundwater at all production
wells was below the MCL. The extracted
water was to be treated using the air
stripping towers and distributed to
customers as drinking water. Monitoring
of the quality of the groundwater at the
production wells and the water
following treatment was also required.
Since no sources were identified and no
other drinking water wells were located
in the area, no source control actions or
institutional controls were included.
Response Actions
The City’s production wells were
used to pump contaminated
groundwater, which was then treated in
air stripping towers. This treatment
system reduced PCE to nondetectable
levels, so the water could then be
delivered to customers for use as
drinking water. This pump, treat, and
delivery system began in 1993 and has
operated continuously for 24 years.
Throughout this period, the City
monitored PCE concentrations in the
aquifer, which declined gradually over
time.
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The PCE levels in the groundwater at
all wells are currently below the MCL.
Thus, the remedial action objectives
have been attained and the human
health exposure pathways have been
eliminated.
A Preliminary Close Out Report
documenting the completion of
construction activities was signed by
EPA on September 25, 1998. The Site
was identified as ‘‘Sitewide Ready for
Anticipated Use’’ on September 28,
2012. A Final Close Out Report
documenting completion of all remedial
activities was signed by EPA on April
27, 2017.
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Cleanup Levels
The 1998 ROD requires treatment and
monitoring until the PCE concentrations
in groundwater at all production wells
are below the MCL. As there have been
no changes to the federal or state
drinking water standards for PCE or
changes in the toxicity factors for PCE
since the ROD was issued, this cleanup
level remains protective of human
health and the environment.
In April 2017 the EPA reviewed the
monitoring data and found that PCE
concentrations at 11 of the 12
production wells had been below the
cleanup level of 5 mg/L since 2013. A
further statistical analysis of data
collected from the other well indicated
a downward trend and a 95% Upper
Confidence Level of 4.41 mg/L, below
the cleanup level of 5 mg/L. Based on
this evaluation, EPA determined that all
remedial activities at the Site were
complete, remedial action objectives
had been achieved and the use of the
treatment system was no longer required
for the CERCLA remedy. All drinking
water delivered from the wellfield must
continue to meet the requirements of the
SDWA.
Five-Year Review
Three policy five-year reviews have
been completed at the Site, the last one
in September 2013.
No issues or follow-up actions were
identified as part of the 2013 Five Year
Review. The protectiveness statement
stated ‘‘The remedy at Vancouver WS1
is protective of human health and the
environment because the treatment
system is functioning as intended and
human and ecological risks are under
control. Long-term protectiveness of the
remedial action will be verified by
regular monitoring by the City of
Vancouver.’’
The analysis conducted since the last
FYR indicates that the remedy has been
fully implemented and the remedial
action objectives and related cleanup
levels have been attained. No hazardous
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substances, pollutants or contaminants
remain above levels that could prevent
unlimited use and unrestricted
exposure. Therefore, no further five-year
reviews are required.
Public participation activities have
been satisfied as required in CERCLA
Section 113(k), 42 U.S.C. 9613(k) and
CERCLA Section 117, 42 U.S.C. 9617.
Throughout the remedial process, the
EPA has kept the public informed of
activities being conducted at the Site by
way of informational meetings, fact
sheets and public meetings.
Documents in the deletion docket
which the EPA relied on for the
recommendation for deletion from the
NPL are available to the public at the
information repositories identified
previously. A notice of availability of
the Notice of Intent for Deletion has
been published in The Columbian.
Determination That the Site Meets the
Criteria for Deletion in the NCP
The EPA, with concurrence of the
State of Washington through the
Department of Ecology, has determined
that the implemented remedy achieves
the degree of cleanup or protection
specified in the ROD for all pathways of
exposure. All selected remedial and
removal action objectives and associated
cleanup levels are consistent with
agency policy and guidance. No further
Superfund response is needed to protect
human health and the environment.
In accordance with 40 CFR
300.425(e), sites may be deleted from
the NPL where all appropriate response
actions have been implemented and
where no further response is
appropriate. Consistent with this, the
EPA is proposing deletion of this Site
from the NPL.
List of Subjects in 40 CFR Part 300
Environmental protection, Air
pollution control, Chemicals, Hazardous
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
Dated: August 25, 2017.
Sheryl Bilbrey,
Director—Region 10 Office of Environmental
Cleanup.
[FR Doc. 2017–20449 Filed 9–22–17; 8:45 am]
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
Community Involvement
BILLING CODE 6560–50–P
44551
[Docket No. 170505465–7465–01]
RIN 0648–BG87
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Gray
Triggerfish Management Measures;
Amendment 46
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Proposed rule; request for
comments.
AGENCY:
NMFS proposes to implement
management measures described in
Amendment 46 to the Fishery
Management Plan for the Reef Fish
Resources of the Gulf of Mexico (FMP),
as prepared by the Gulf of Mexico
Fishery Management Council (Council)
(Amendment 46). For gray triggerfish,
this proposed rule would revise the
recreational fixed closed season,
recreational bag limit, recreational
minimum size limit, and commercial
trip limit. Additionally, Amendment 46
would establish a new rebuilding time
period for the Gulf of Mexico (Gulf) gray
triggerfish stock. The purpose of this
proposed rule is to implement
management measures to assist in
rebuilding the Gulf gray triggerfish stock
and achieve optimum yield (OY).
DATES: Written comments must be
received on or before October 25, 2017.
ADDRESSES: You may submit comments
on the amendment identified by
‘‘NOAA–NMFS–2017–0080’’ by either
of the following methods:
• Electronic Submission: Submit all
electronic public comments via the
Federal e-Rulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=NOAA-NMFS-20170080, click the ‘‘Comment Now!’’ icon,
complete the required fields, and enter
or attach your comments.
• Mail: Submit written comments to
Lauren Waters, Southeast Regional
Office, NMFS, 263 13th Avenue South,
St. Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
SUMMARY:
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Agencies
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Proposed Rules]
[Pages 44548-44551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20449]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1994-0009; FRL-9967-38-Region 10]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Vancouver Water Station #1
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
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ACTION: Proposed rule; notification of intent.
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SUMMARY: The Environmental Protection Agency (EPA) Region 10 is issuing
a Notice of Intent to Delete the Vancouver Water Station #1
Contamination Superfund Site (Site) located in Vancouver, Washington,
from the National Priorities List (NPL) and requests public comments on
this proposed action. The NPL, promulgated pursuant to section 105 of
the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is an appendix of the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and
the State of Washington, through the Department of Ecology have
determined that all appropriate response actions under CERCLA, have
been completed. However, this deletion does not preclude future actions
under Superfund.
DATES: Comments must be received by October 25, 2017.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1994-0009, by one of the following methods:
(1) https://www.regulations.gov. Follow on-line instructions for
submitting comments.
(2) Email: Laura Knudsen, Community Involvement Coordinator, at
knudsen.laura@epa.gov.
(3) Mail: Laura Knudsen, U.S. EPA Region 10, 1200 Sixth Avenue,
Suite 900, RAD-202-3, Seattle, Washington 98101.
(4) Hand delivery: USEPA Region 10 Records Center, 1200 Sixth
Avenue, Suite 900, Seattle, Washington. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1994-0009. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov Web site
is an ``anonymous access'' system, which means EPA will not know your
identity or contact information unless you provide it in the body of
your comment. If you send an email comment directly to EPA without
going through https://www.regulations.gov, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the Internet. If you
submit an electronic comment, EPA recommends that you include your name
and other contact information in the body of your comment and with any
disk or CD-ROM you submit. If EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, EPA
may not be able to consider your comment. Electronic files should avoid
the use of special characters, any form of encryption, and be free of
any defects or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is not publicly available, e.g., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in the hard
copy. Publicly available docket materials are available either
electronically in https://www.regulations.gov or in hard copy at:
USEPA Region 10 Records Center, 1200 Sixth Avenue, Suite 900, Seattle,
Washington, Monday through Friday, except Federal holidays, between
8:00 a.m. and 5:00 p.m.
City of Vancouver Water Resources Education Center, 4600 SE Columbia
Way, Vancouver, Washington, Monday through Friday, except holidays,
between 9:00 a.m. and 5:00 p.m. and Saturday between noon and 5:00
p.m., Phone: 360-487-7111.
FOR FURTHER INFORMATION CONTACT: Jeremy Jennings, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 10, ECL-122, 1200
Sixth Avenue, Suite 900, Seattle, Washington 98101, 206-553-2724, email
jennings.jeremy@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
I. Introduction
EPA Region 10 announces its intent to delete the Vancouver Water
Station #1 Contamination Superfund 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 maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). As described in 40 CFR
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible
for Fund-financed remedial actions if future conditions warrant such
actions.
EPA will accept comments on the proposal to delete this Site for
thirty (30) 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 Vancouver Water Station #1
Contamination Superfund Site and demonstrates how it 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. In making such a
determination pursuant to 40 CFR 300.425(e), EPA will consider, in
consultation with the State, whether any of the following criteria have
been met:
(1) Responsible parties or other persons have implemented all
appropriate response actions required;
(2) all appropriate Fund-financed response under CERCLA has been
implemented, and no further response action by responsible parties is
appropriate; or
(3) the remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new
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information becomes available that indicates it is appropriate.
Whenever there is a significant release from a site deleted from the
NPL, the deleted site may be restored to the NPL without application of
the hazard ranking system.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the State before developing this Notice of
Intent to Delete.
(2) EPA has provided the State 30 working days for review of this
notice prior to publication of it today.
(3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate.
(4) The State of Washington, through the Department of Ecology, has
concurred with deletion of the Site from the NPL.
(5) Concurrently with the publication of this Notice of Intent to
Delete in the Federal Register, a notice is being published in a major
local newspaper, The Columbian. The newspaper notice announces the 30-
day public comment period concerning the Notice of Intent to Delete the
site from the NPL.
(6) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified previously.
If comments are received within the 30-day public comment period on
this document, EPA will evaluate and respond appropriately to the
comments before making a final decision to delete. If necessary, EPA
will prepare a Responsiveness Summary to address any significant public
comments received. After the public comment period, if EPA determines
it is still appropriate to delete the Site, the Director of EPA's
Region 10 Office of Environmental Cleanup will publish a final Notice
of Deletion in the Federal Register. Public notices, public submissions
and copies of the Responsiveness Summary, if prepared, will be made
available to interested parties and in the site information
repositories listed previously.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
IV. Basis for Intended Site Deletion
The following information provides EPA's rationale for deleting the
Site from the NPL:
Site Background and History
The Vancouver Water Station #1 Contamination Superfund Site (EPA
ID: WAD988519708) is located within Waterworks Park near the center of
the City of Vancouver, Clark County, Washington. Water Station #1 (WS1)
is a public water supply wellfield made up of ten groundwater
production wells, five air-stripping towers and a holding reservoir.
Water from WS1 is blended with water from several other wellfields to
provide drinking water to approximately 230,000 people in the Vancouver
region.
The Water Station has been owned by the City of Vancouver (City)
and managed as part of their drinking water supply system for over 60
years. In 1988, pursuant to the Safe Drinking Water Act (SDWA), the
City began monitoring volatile organic compounds (VOCs) in water
supplied from all of its water stations. These tests found
tetrachloroethylene (PCE) to be present in several of the WS1 wells at
levels above the maximum contaminant level (MCL) established under the
SDWA. The City notified the public and modified the pumping rates at
individual wells so that PCE levels in the drinking water delivered to
customers was consistently below the MCL.
Groundwater samples collected between 1988 and 1992 indicated
levels of PCE in the groundwater as high as 30 [micro]g/L. While the
City managed the drinking water system such that the drinking water
distributed to customers remained below the MCL of 5 [micro]g/L,
elevated concentrations of PCE continued to be present in the
groundwater. In 1993, the City installed five air stripping towers at
the Site and began routing all the water extracted from the WS1
wellfield through the air strippers prior to distribution to customers.
This treatment reduced PCE levels to below analytical detection limits.
On June 23, 1993, EPA proposed WS1 for listing on the NPL (58 FR
34018). The NPL listing for the Site was finalized on May 31, 1994 (59
FR 27989).
The City continues to use the water from the WS1production wells as
part of their drinking water supply system. A park has been developed
on the land surrounding the wellfield.
Remedial Investigation and Feasibility Study (RI/FS)
A baseline risk assessment quantified the potential risks to future
residents consuming untreated water ranged to be from 1E-06 to 6E-06 (1
to 6 excess cancers in 1,000,000 people). EPA found it was necessary to
take action at WS1 because the groundwater at several production wells
had been shown to have persistent concentrations of PCE above the MCL.
In 1989 and 1990, several investigations were conducted by the City
and EPA. No pattern was found in the soil or groundwater data that
might indicate the location of the potential source of PCE. Based on
these results, EPA concluded that the likelihood of identifying a
significant source was low and that further investigation into source
identification was not warranted.
Selected Remedy
On September 11, 1998, the EPA issued a Record of Decision (ROD)
for the Site. PCE was identified as the only Contaminant of Concern.
Remedial Action Objectives were established to protect human health by
reducing concentrations of PCE in the groundwater drinking water to
below the MCL (5.0 [micro]g/L).
The selected remedy for the Site included pumping the production
wells at a rate consistent with customer demand until such time as the
PCE level in the groundwater at all production wells was below the MCL.
The extracted water was to be treated using the air stripping towers
and distributed to customers as drinking water. Monitoring of the
quality of the groundwater at the production wells and the water
following treatment was also required. Since no sources were identified
and no other drinking water wells were located in the area, no source
control actions or institutional controls were included.
Response Actions
The City's production wells were used to pump contaminated
groundwater, which was then treated in air stripping towers. This
treatment system reduced PCE to nondetectable levels, so the water
could then be delivered to customers for use as drinking water. This
pump, treat, and delivery system began in 1993 and has operated
continuously for 24 years. Throughout this period, the City monitored
PCE concentrations in the aquifer, which declined gradually over time.
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The PCE levels in the groundwater at all wells are currently below
the MCL. Thus, the remedial action objectives have been attained and
the human health exposure pathways have been eliminated.
A Preliminary Close Out Report documenting the completion of
construction activities was signed by EPA on September 25, 1998. The
Site was identified as ``Sitewide Ready for Anticipated Use'' on
September 28, 2012. A Final Close Out Report documenting completion of
all remedial activities was signed by EPA on April 27, 2017.
Cleanup Levels
The 1998 ROD requires treatment and monitoring until the PCE
concentrations in groundwater at all production wells are below the
MCL. As there have been no changes to the federal or state drinking
water standards for PCE or changes in the toxicity factors for PCE
since the ROD was issued, this cleanup level remains protective of
human health and the environment.
In April 2017 the EPA reviewed the monitoring data and found that
PCE concentrations at 11 of the 12 production wells had been below the
cleanup level of 5 [micro]g/L since 2013. A further statistical
analysis of data collected from the other well indicated a downward
trend and a 95% Upper Confidence Level of 4.41 [micro]g/L, below the
cleanup level of 5 [micro]g/L. Based on this evaluation, EPA determined
that all remedial activities at the Site were complete, remedial action
objectives had been achieved and the use of the treatment system was no
longer required for the CERCLA remedy. All drinking water delivered
from the wellfield must continue to meet the requirements of the SDWA.
Five-Year Review
Three policy five-year reviews have been completed at the Site, the
last one in September 2013.
No issues or follow-up actions were identified as part of the 2013
Five Year Review. The protectiveness statement stated ``The remedy at
Vancouver WS1 is protective of human health and the environment because
the treatment system is functioning as intended and human and
ecological risks are under control. Long-term protectiveness of the
remedial action will be verified by regular monitoring by the City of
Vancouver.''
The analysis conducted since the last FYR indicates that the remedy
has been fully implemented and the remedial action objectives and
related cleanup levels have been attained. No hazardous substances,
pollutants or contaminants remain above levels that could prevent
unlimited use and unrestricted exposure. Therefore, no further five-
year reviews are required.
Community Involvement
Public participation activities have been satisfied as required in
CERCLA Section 113(k), 42 U.S.C. 9613(k) and CERCLA Section 117, 42
U.S.C. 9617. Throughout the remedial process, the EPA has kept the
public informed of activities being conducted at the Site by way of
informational meetings, fact sheets and public meetings.
Documents in the deletion docket which the EPA relied on for the
recommendation for deletion from the NPL are available to the public at
the information repositories identified previously. A notice of
availability of the Notice of Intent for Deletion has been published in
The Columbian.
Determination That the Site Meets the Criteria for Deletion in the NCP
The EPA, with concurrence of the State of Washington through the
Department of Ecology, has determined that the implemented remedy
achieves the degree of cleanup or protection specified in the ROD for
all pathways of exposure. All selected remedial and removal action
objectives and associated cleanup levels are consistent with agency
policy and guidance. No further Superfund response is needed to protect
human health and the environment.
In accordance with 40 CFR 300.425(e), sites may be deleted from the
NPL where all appropriate response actions have been implemented and
where no further response is appropriate. Consistent with this, the EPA
is proposing deletion of this Site from the NPL.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp.,
p. 193.
Dated: August 25, 2017.
Sheryl Bilbrey,
Director--Region 10 Office of Environmental Cleanup.
[FR Doc. 2017-20449 Filed 9-22-17; 8:45 am]
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