[Federal Register Volume 67, Number 110 (Friday, June 7, 2002)]
[Proposed Rules]
[Pages 39326-39328]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14209]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7225-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete Tulalip Landfill NPL Site from the 
National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA), Region 10, 
announces its intent to delete the Tulalip NPL Site (Site), which is 
located in Snohomish County, 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 and the Tulalip Tribes have determined that the remedial action for 
the site has been successfully executed.

DATES: Comments concerning the proposed deletion of this Site from the 
NPL may be submitted on or before July 8, 2002.

ADDRESSES: Comments may be mailed to: Beverly Gaines, EPA Point of 
Contact, U.S. Environmental Protection Agency, Region 10, 1200 Sixth 
Avenue, Mail Stop, ECL-110, Seattle, Washington 98101.
    Comprehensive information on this Site is available through the 
Region 10 public docket which is available for reviewing at: U.S. 
Environmental Protection Agency, Region 10, 1200 Sixth Avenue, 
Superfund Records Center, Seattle, Washington 98101.
    Information on the site and a copy of the docket are available for 
viewing at the Information Repository which is located at: Marysville 
Public Library, 6120 Grove, Marysville, Washington.

FOR FURTHER INFORMATION CONTACT: Beverly Gaines, EPA Point of Contact, 
U.S. Environmental Protection Agency, Region 10, 1200 Sixth Avenue, 
Mail Stop, ECL-110, Seattle, Washington 98101; phone: (206) 553-1066, 
fax: (206) 553-0124; e-mail: [email protected].

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 Tulalip Landfill Site, which is located in 
Snohomish County, 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 that appear to present a significant risk to 
public health, welfare, or the environment and maintains the NPL as the 
list of these sites. EPA and the Tulalip Tribes have determined that 
the remedial action for the site has been successfully executed.
    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 the procedures EPA is using 
for this action. Section IV discusses the Tulalip Landfill Site and 
explains how the site meets the deletion criteria.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that 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 consider, in consultation with the Tulalip Tribes, whether 
any of the following criteria have been met:
    (i) Responsible parties or other parties have implemented all 
appropriate response actions required; or
    (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 site poses no 
significant threat to public health or the environment and, therefore, 
remedial measures are 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

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at the site to ensure that the site remains protective of public health 
and the environment. If new information becomes available which 
indicates a need for further action, EPA may initiate additional 
remedial actions. Whenever there is a significant release from a 
deleted site from the NPL, the site may be restored to the NPL without 
application of the Hazard Ranking system.
    In the case of this site, the selected remedy is protective of 
human health and the environment and complies with Federal, State, and 
Tribal requirements that are legally applicable or relevant and 
appropriate to the remedial action.

III. Deletion Procedures

    The following procedures were used for the intended deletion of 
this site: (1) All appropriate response under CERCLA has been 
implemented and no further action by EPA is appropriate; (2) the 
Tulalip Tribes have concurred with the proposed deletion decision; (3) 
a notice has been published in the local newspapers and has been 
distributed to appropriate federal, state, tribal, 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 (4) all 
relevant documents have been made available in the local site 
information repositories.
    Deletion of the site from the NPL does not in itself, create, alter 
or revoke any individual's rights or obligations. The NPL is designed 
primarily for informational purposes and to assist Agency management. 
As mentioned in section II of this notice, Sec. 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.
    For deletion of this site, 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 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 made available to local 
residents by the Regional Office.

IV. Basis for Intended Site Deletion

    The following site summary provides the Agency's rationale for the 
proposal to delete this Site from the NPL.

Site Background and History

    The Site is located within the Tulalip Indian Reservation on 
approximately 147 acres of North Ebey Island in the Snohomish River 
delta, between Marysville and Everett, Washington. North Ebey Island is 
bordered by Ebey Slough to the north and Steamboat Slough to the south. 
The Seattle Disposal Company operated the landfill from 1964 until 
1979, under a lease from the Tulalip Tribes. The landfill received 
primarily commercial and construction waste. Three to four million tons 
of waste is currently contained within the landfill which is also 
considered the source area. The landfill was subsequently closed and a 
perimeter berm was constructed. The surface of the landfill was graded 
and cover soils were placed at thickness ranging from 1 to 12 feet. 
However, insufficient grading of this cover material resulted in poor 
drainage and allowed precipitation to collect and eventually infiltrate 
the landfill surface. As a result, a pool of contaminated groundwater 
(leachate) formed within the landfill.
    EPA performed a background exceedance evaluation to compare 
concentrations of soil and sediment contamination in the off-source 
area with regional soil and sediment background concentrations. 
Contaminants in the off-source area found to exceed background 
concentrations include aluminum, arsenic, chromium, and manganese. 
Concentrations of metals in wetland soil were highest in the areas 
surrounding most of the leachate seeps adjacent to the landfill berm. 
Due to the risk to human health and the environment posed by the site, 
the Tulalip Landfill was listed on the NPL on April 25, 1995.

Selected Remedy

    In 1996 EPA signed the interim Record of Decision (ROD) for the 
Tulalip Landfill Source-area (the landfill). A presumptive remedy 
(landfill cover system) was selected which expedited the design and 
construction of the on-source remedy. In September 1998 EPA signed the 
Final Record of Decision for the Tulalip Landfill Superfund Site On-
Source and Off-Source Remedial Action. This Record of Decision 
documented the selection of the final remedy for both the on-source and 
off-source areas of the site as described below:

On-Source Remedy

    The interim on-source remedy presented in the March 1, 1996, Record 
of Decision was adopted as the final remedy for the on-source area. 
Major elements of the remedy included:

--Capping the landfill in accordance with the Washington State Minimum 
Functional Standards for landfill source,
--Installing a landfill gas collection system,
--Monitoring the leachate mound within the landfill, the perimeter 
leachate seeps, and landfill gas to ensure the selected remedy is 
adequately containing the landfill wastes,
--Initiating restrictions to protect the landfill cap, and
--Providing for operation and maintenance (O&M) to ensure the integrity 
of the cap system.

Off-source Remedy

    The remedy of the off-source area (wetlands) selected in the final 
ROD was designed to protect human health and the environment through 
the continued implementation of placing signs and institutional 
controls. The major element of the off-source remedy selected in this 
ROD was to place and maintain an adequate number of signs to prohibit 
access to contaminated wetland areas and the consumption of fish and 
shellfish from those areas.

Response Actions

    On May 6, 1998, the remedial design for the on-source cover system 
was approved by EPA in consultation with the Tulalip Tribes. 
Construction of the cover system began on June 18, 1998, and took 
slightly more than two years to complete. EPA then conducted a pre-
final inspection on September 26, 2000, in conjunction with the Tribes, 
and developed a punch list of outstanding items. Those items were 
addressed in early October 2000, and the final walk-through was 
conducted on October 17, 2000. At the time, EPA in consultation with 
the Tribes, determined that the constructed remedy was operational and 
functional.
    The following remedial activities were performed by Washington 
Waste Hauling & Recycling, according to design specifications set forth 
in the 1998 Remedial Design package.

--Regrading and preparing a crowned shaped sub-base over the entire 
site by excavating and relocating waste (approximately 440,000 cy) and 
importing a significant amount of clean fill (approximately 410,000 
cy).
--Constructing a passive gas collection system in the waste so that a 
gas treatment system could easily be added later if necessary.
--Placing and compacting a 12'' foundation layer (sand) over the sub-

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base and gas collection system (approximately 320,000 cy).
--Constructing a liner system (approximately 150 acres) over the 
foundation layer. The liner system includes a flexible membrane liner 
to minimize infiltration of water into the landfill, a geonet for 
drainage, and geotextile protective liner.
--Placing a 12'' layer of topsoil (280,000 cy) over the liner system, 
construction of a surface water drainage system, and revegetating the 
landfill.
--Constructing a locked gate entrance to restrict the access of 
unauthorized persons and equipment, and posting appropriate warning 
signs.

    The Tribes have adopted an enforceable tribal ordinance and have 
placed signs prohibiting access to and the consumption of shellfish in 
the nearby wetlands. The Tribe has also adopted deed restrictions and 
signed a consent decree which prevents activities that may disturb the 
integrity of the cap.

Operation and Maintenance

    Monitoring has been and will continue to be conducted quarterly for 
landfill gas and leachate seeps, and monthly for leachate levels. The 
Operations and Maintenance (O&M) Plan was approved on June 6, 2001. O&M 
activities to be performed include monthly site inspections for the 
first year and then quarterly inspections thereafter. Items to be 
inspected include landfill grades (surveys), surface water control 
systems, erosion, vegetation, infiltration collection system, gas 
collection system, roads, piezometers, site security and signs.
    The certificate of completion was issued on February 20, 2001. O&M 
will be conducted for a minimum of 30 years from that date, the first 
four years by Washington Waste Hauling and Recycling and the next 26 
years by the Tulalip Tribes. Currently, the Tribes do not have plans 
for any specific future use of the site.

Five-Year Review

    The Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA or Superfund) requires a five-year review of all 
sites with hazardous substances remaining above the health-based levels 
for unrestricted use of the site. Since the cleanup of the Tulalip 
Landfill has hazardous substances remaining at the site above levels 
that allow unlimited use and unrestricted exposure, a five-year review 
will be completed prior to June 18, 2003 (five years after RA on-site 
mobilization).

Community Involvement

    Generally, the construction of the on-site landfill cover system 
was not of great interest to the public. Most of the public interest 
was focused on the truck hauling routes to and from the site and 
keeping road surfaces clean. EPA's Regional community relations staff 
conducted an active campaign to ensure that the residents were well 
informed about the activities at the site through routine publication 
of progress fact sheets. In response to citizen concerns, some of the 
truck traffic was rerouted away from certain areas.

Applicable Deletion Criteria

    EPA may delete a site from the NPL if ``all appropriate Fund-
financed response under CERCLA has been implemented, and no further 
response action by responsible parties is appropriate.'' 40 CFR 
300.425(e)(1)(ii). EPA, with the concurrence of the Tulalip Tribes, 
believe that this criterion for deletion has been met. Subsequently, 
EPA is proposing deletion of this site from the NPL. Documents 
supporting this action are available from the docket.

Tribal Concurrence

    In a letter dated March 20, 2002, Tulalip Tribes, concur with the 
proposed deletion of the Tulalip Landfill Superfund site from the NPL.

    Dated: May 24, 2002.
L. John Iani,
Regional Administrator, U.S. EPA, Region 10.
[FR Doc. 02-14209 Filed 6-6-02; 8:45 am]
BILLING CODE 6560-50-P