[Federal Register Volume 67, Number 164 (Friday, August 23, 2002)]
[Proposed Rules]
[Pages 54602-54605]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21553]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7266-7]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent to delete Gould Site from the National
Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA), Region 10,
announces its intent to delete the Gould Site (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 Oregon Department of
Environmental Quality (DEQ) 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 September 23, 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 and the deletion docket for this Site are
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 deletion docket are also
available for viewing at the Information Repository which is located
at: Multnomah County Library, 801 SW 10th Avenue, Portland, Oregon
97204.
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 Gould Site, which is located in the City of
Portland, Oregon, 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 State of Oregon Department of Environmental Quality (DEQ)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 Gould 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 State, 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, 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 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; however, the remedy will leave waste
on site above levels that allow for unlimited use and unrestricted
exposure. A review of the selected remedy will occur at least every
five years from initiation of the remedial action. The next five-year
review will be done before September 28, 2002.
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 State
of Oregon has concurred with the proposed deletion decision; (3) a
notice has been published in the local newspapers and has been
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 (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
[[Page 54603]]
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 Gould Site is located in the City of Portland, Oregon between
NW Saint Helen's Road and NW Front Avenue in a heavily industrialized
area northwest of downtown Portland known as the Doane lake area. The
Site includes a 9.2 acre property currently owned by Gould Inc. that
was the location of the former secondary lead smelter and battery
recycle facility. Areas outside the property boundary is where battery
casings and other residues from operations on the Gould property were
placed.
A secondary lead smelting operation began at the Gould Site in 1949
under the ownership of Morris P. Kirk and Sons, a subsidiary of NL
Industries, Inc. (NL). Facility operations included lead-acid battery
recycling, lead smelting and refining, and lead oxide production. Gould
purchased the property in 1979 and closed the facility in 1981. During
facility operations, discarded battery casing materials and other lead
smelter wastes were used as fill on the Gould Site and an adjacent
property. Acid from batteries was drained to Doane Lake during several
years of operation.
The Gould Site is adjacent to the former location of the Rhone-
Poulenc Ag Company (Rhone-Poulenc) facility. Rhone-Poulenc is
conducting an investigation under DEQ oversight and State authority of
on-site and off-site contamination associated with their former
pesticide and herbicide manufacturing facility.
The Gould Site is approximately one thousand feet southwest of the
Willamette River. The Lower Willamette River, known as the Portland
Harbor area, was recently added to the NPL because of sediment
contamination. A remedial investigation and feasibility study (RI/FS)
of the Lower Willamette River is being conducted by a group of
Potentially Responsible Parties (PRPs) under a Consent Order signed by
EPA and the PRPs in September 2001.
In 1981 and 1982, a joint investigation of contamination at the
Gould Site was conducted by EPA and Oregon Department of Environmental
Quality). EPA included the site on the NPL in 1983 because of
documented lead contamination. In 1985 NL and Gould signed a Consent
Order with EPA under which the two companies conducted an RI/FS. The
RI/FS was completed in February 1988. The RI/FS showed there were high
levels of lead contamination in battery casings and other smelter
waste, soil, debris and in East Doane Lake sediments at the Site.
Selected Remedy
Soil Operable Unit
In March 1988, EPA issued a Record of Decision (ROD) for the Soils
Operable Unit. The selected remedy included excavating and treating
battery casings, recovering lead for recycle, excavation of
contaminated soil and East Doane Lake sediments followed by
stabilization of material that exceeds Resource Conservation and
Recovery Act (RCRA) characteristic hazardous waste levels, monitoring
air, groundwater, and surface water quality. The 1988 ROD also included
additional study of groundwater to determine whether action was needed
because there was insufficient hydrogeologic information available to
make a decision on the groundwater.
The selected remedy was expected to control the migration of
contaminants from the Site by minimizing releases to the air and
groundwater. Surface soil cleanup levels for lead of 1000 mg/kg were
selected to be protective of human industrial exposures, including
direct contact, inhalation, and ingestion. The intent was to recycle
materials that could potentially be recycled (lead and casing
materials).
Excavation and treatment of contaminated surface soils, battery
casing piles, buried battery casings, matte (smelter waste), and other
debris began in the summer of 1993. Excavated battery casings were
processed through a treatment plant to separate materials (lead fines,
metallic lead, clean plastic, and clean ebonite) for recycle.
Contaminated soil and matte were stabilized to bind contaminants for
backfilling on Site.
An estimated 24,000 tons of contaminated battery casings were
treated through the treatment/separation process, with 244 tons of
plastic and 88 tons of coarse lead recycled. An estimated 20,000 blocks
(each measuring one cubic yard) of stabilized material was produced.
Several hundred tons of contaminated debris were shipped off site for
disposal. Approximately 15,000 cubic yards of contaminated material
were stockpiled on Site.
The treatment/recycle process was suspended in 1994 because of
operational problems, inconsistent results, and significantly increased
costs. EPA subsequently determined that the selected remedy was no
longer appropriate based on operating experience and conditions at the
Site.
In June 1997, EPA issued a ROD Amendment for the Soils Operable
Unit that changed the cleanup remedy previously selected at the Site.
The modified selected remedy included the following:
--Excavation and dewatering of contaminated East Doane Lake remnant
(EDLR) sediments followed by backfilling the EDLR with clean imported
backfill;
--Excavation of the remaining battery casings on the Gould property;
--Treatment (stabilization or fixation) of the lead fines stockpile,
the screened Gould excavation stockpile, and other lead contaminated
material identified as principal threat waste;
--Construction of a lined and capped on-site containment facility
(OCF), with leachate collection and treatment, on the Gould property;
--Consolidating contaminated material, including sediments, treated and
untreated stockpiled materials, casings, soil and debris in the line
and capped OCF;
--Filling the East Doane Lake remnant and the open excavation in the
Lake Area of the Rhone-Poulenc property;
--Performing groundwater monitoring to ensure the effectiveness of the
cleanup, and that contaminants were not mobilized during its
implementation.
Response Actions
The 1997 ROD Amendment also required mitigation/restoration to
compensate for the loss of the estimated 3.1 acres of EDLR open water
habitat. The ROD Amendment retained the surface soil cleanup level for
lead at 1,000 mg/kg (the cleanup level selected in the 1988 ROD). Lead
contamination was the principal threat addressed in the ROD and the
primary contaminant of concern addressed in the 1997 ROD Amendment. The
ROD Amendment modified the contaminated subsurface
[[Page 54604]]
material that would be excavated as part of the remedial action.
Instead of requiring all subsurface material contaminated above RCRA
characteristic waste levels to be excavated, it allowed some subsurface
materials in excess of those levels to remain in place based on types
of materials, location and updated information about groundwater
contamination.
In the 1997 ROD Amendment, EPA determined that results of previous
groundwater monitoring had not confirmed lead contamination in area
groundwater. Data collected in 1995 and 1996 indicated that lead
contamination was not widespread or significant in groundwater near the
site. The ROD Amendment further concluded that although it did not
appear there was a need for treatment of groundwater for lead,
monitoring would be continued to further evaluate site conditions, and
provide a basis for future cleanup or no action decisions for
groundwater.
DEQ issued a Removal Action Decision Memorandum under State law in
May 1998 that evaluated removal alternatives for organic contamination
in portions of the East Doane lake remnant that could be performed in
conjunction with the sediment removal action described in EPA's ROD
Amendment for the Gould Site. DEQ's evaluation was based on additional
sampling in the East Doane Lake remnant which indicated that sediments
were also contaminated with organic chemicals that appeared to be
related to past waste management practices at the Rhone-Poulenc Ag
Company (Rhone-Poulenc) facility that was located adjacent to the Gould
property. DEQ determined that removal of additional sediments in
portions of East Doane Lake was warranted to address organic
contamination and that the removal should occur in conjunction with
sediment removal under the Gould Site remedial action. Rhone-Poulenc
did not agree to perform the removal action and DEQ funded the removal
of additional contaminated sediments.
Nine Gould Potentially Responsible Parties (PRPs) signed a Consent
Decree with EPA that was lodged in U.S. District Court in Portland,
Oregon in March, 1998. The PRPs began work in the summer of 1998 with
the excavation, dewatering, and stockpiling of contaminated sediments
from EDLR. Construction of the on-site containment facility, excavation
and treatment of other contaminated materials, placement of the waste
in the containment facility, and other cleanup actions required by the
ROD Amendment have been completed as described below:
--East Doane lake contaminated sediments: Dredging, mechanical
dewatering and stockpiling an estimated 8,700 cubic yards of
contaminated EDLR sediment (including sediment removed as part of the
DEQ removal action) and debris was completed in November of 1999. In
addition, 55 compressed gas cylinders that were buried in the east
portion of EDLR sediments were recovered, overpacked, and transported
to an off-site facility for treatment and disposal.
--Gould property battery casings--An estimated 3590 cubic yards of
battery casings and other waste material were excavated from the south
shoreline of EDLR.
--Treatment of principle threat/stockpiled material--An estimated 7850
cubic yards of stockpiled material, including the lead fines stockpile,
were treated by fixation to pass RCRA characteristic waste levels.
--On-site containment facility--Construction of the 4.5 acre
containment facility on the Gould property is complete. The OCF
includes a double bottom liner, leachate collection and treatment, and
a multi-media cap. The leachate collection and treatment system are
operational. Leachate is pre-treated for metals prior to transport to
the Rhone-Poulenc wastewater treatment facility for additional
treatment prior to discharge to the Willamette River in accordance with
Rhone-Poulenc's NPDES permit.
--Consolidating contaminant material in the OCF--An estimated 77,700
cubic yards of contaminated material have been placed in the OCF. The
OCF was capped with a multimedia cap following materials placement. The
final topsoil covering and seeding were completed in August 2000.
--East Doane Lake remnant and the open excavation in the Lake Area of
the Rhone-Poulenc property--backfilling the East Doane Lake remnant and
the open excavation in the Lake Area of Rhone-Poulenc with clean
material was completed in 1998 following excavation of the contaminated
sediments.
--Groundwater monitoring--groundwater monitoring was carried out during
remedial action to ensure the effectiveness of the cleanup and that
contaminants were not mobilized during its implementation; and to
gather additional information for the groundwater evaluation. Long-term
groundwater monitoring will continue as part of the remedial action
requirements for the Soils Operable Unit and the operation and
maintenance plan for the OCF.
Other cleanup activities performed as part of the remedial action
included demolition of on-site structures, asbestos abatement and
polychlorinated biphenyl (PCB) light ballast removal and disposal, and
excavation of surface soils contaminated above the 1,000 ppm lead
cleanup level established by the ROD Amendment. Extensive air
monitoring of lead and particulate levels was conducted to ensure that
fugitive dust from construction activities were adequately controlled.
Perimeter security fencing was installed to restrict access to the OCF.
EPA has approved a wetlands mitigation plan which provides funding
and requires acquisition of an off-site property as mitigation for the
loss of East Doane lake wetland and open-water habitat. EPA will
approve the specific property in consultation with U.S. Fish and
Wildlife Service prior to acquisition.
Groundwater Operable Unit ROD
EPA released a proposed plan that described the agency's preferred
alternative of no further action for the Gould Site Groundwater
Operable Unit on August 10, 2000. No comments were received during the
30-day public comment period.
EPA issued a ``No Action'' ROD for the Groundwater Operable Unit on
September 28, 2000. The ROD concluded that cleanup of the Gould Site
Soils Operable Unit has addressed lead-contaminated waste, soil,
debris, and other potential sources of groundwater contamination from
the Gould site operations. Groundwater investigations and monitoring
have not shown a need for additional cleanup of Gould site contaminants
in groundwater. Long-term groundwater monitoring will continue as
required by the ROD Amendment for the Soils Operable Unit.
Cleanup Standards
The remedial action cleanup activities at the Gould Site are
consistent with the objectives of the NCP and will provide protection
to human health and the environment. The major sources of
contamination, including battery casings, smelter waste, and lead-
contaminated waste, soil, and debris have been addressed.
Air monitoring for dust and lead was performed during remedial
construction and non-construction activities. The action levels for the
Site ranged from 0.5 to 1.5 ug/cubic meter with specific
[[Page 54605]]
corrective actions required at each level. Results for individual
sampling events ranged from non-detect to 3.5 ug/cubic meter. Average
quarterly lead concentrations for the Site did not exceed Federal and
State of Oregon standard for lead (1.5 ug/cubic meter).
Groundwater samples were collected during six sampling events
during construction activities from on-site and off-site wells. Sample
results indicated that there were no exceedences of the 15 micrograms/
liter action level for lead established under the Safe Drinking Water
Act.
Surface soil (0 to 1ft depth) sampling was performed at the Site to
identify soils exceeding 1,000 mg/kg total lead and confirm removal.
Surface soils that required removal outside the footprint of the OCF
were located in the lake area of the Rhone-Poulenc property and the
eastern and southern portions of the Gould property. Surface soil
inside the footprint of the OCF was also removed as part of the site
preparation for the OCF. Contaminated surface soils from these areas
were excavated and disposed of in the OCF. Confirmatory sampling was
performed and sample analysis was conducted for areas outside the OCF
footprint in accordance with the Quality Assurance Project Plan results
were reviewed and approved by EPA representatives prior to backfilling
with imported non-contaminated soil.
East Doane lake was divided into sampling quadrants and dredging
depths were predetermined based on sample results. Post-dredging
sampling was also conducted to evaluate whether dredging achieved the
criteria of EP Toxicity for lead. Total lead levels were also collected
for comparison purposes. Re-dredging of sediment in quadrants that did
not meet the criteria was conducted until the sample results within the
quadrant indicated the criteria was met and/or EPA approved backfilling
the sample quadrant based on sample results in the quadrant and
consideration of the practical limits of dredging. The East Doane lake
remnant was then backfilled in accordance with the ROD and contract
documents.
Two stockpiles of waste material were designated as principle
threat waste, the lead fines stockpile and the screened excavation
stockpile. This waste was treated by stabilization to achieve a RCRA
waste characteristic level of less than 5 mg/l of lead. Quality control
confirmatory samples were collected to verify that the results met the
performance standard.
Operation and Maintenance
Operation and maintenance activities began in January 2000 in
accordance with the Final Remedial Design Report and Draft Operation
and Maintenance Plan. The Final Operation and Maintenance Plan was
completed November 6, 2001. It addresses activities, responsibilities
and schedules for the following site components: OCF cover condition
and stability, erosion and sedimentation controls, access roads,
security fencing, storm water systems, leachate collection and removal,
and groundwater monitoring. The plan also addresses monitoring and
inspection frequency and responsibilities. Site inspections,
maintenance and monitoring have been performed and will continue to be
performed in accordance with the Operation and Maintenance Plan. EPA
approved the Final Operation and Maintenance Plan on May 15, 2002.
Institutional Controls
Future use of the property is limited to industrial or other uses
compatible with the cleanup under the terms of the Environmental
Protection Restrictive Covenant and Easements that were granted by
property owners to meet the requirements of the Consent Decree. EPA
will evaluate the institutional controls at least every five years as
part the five-year reviews that will be conducted at the Site.
Five-Year Review
Hazardous substances will remain at the Site above levels that
allow unlimited use and unrestricted exposure after the completion of
the remedial action. Pursuant to CERCLA Section 121(c) and provided in
the current guidance on Five-Year Reviews, EPA must conduct a statutory
five-year review to ensure that the remedy continues to provide
adequate protection of human health and the environment. EPA conducted
the first five-year review of the Gould Site on September 28, 1997, and
the next five-year review is scheduled to be completed by September 28,
2002.
Community Involvement
EPA provided routine progress fact sheets to keep the public
advised of site cleanup activities. There was not a great deal of
interest in the excavation of waste materials and construction of the
On-site Containment Facility (OCF) from the general public, but workers
at an adjacent Metro waste transfer facility did raise concerns about
the potential for off-site migration of lead-contaminated dust.
Arrangements were made to provide air monitoring results directly to
representatives from the transfer facility to keep workers advised and
provide assurances that lead levels were being adequately controlled.
Applicable Deletion Criteria
One of the three criteria for deletion specifies that EPA may
delete a site from the NPL if ``responsible parties have implemented
all appropriate response actions required.'' EPA, with the concurrence
of the State of Oregon, believe that this criterion for deletion has
been met. There is no significant threat to human health or the
environment and, therefore; no further remedial action is necessary.
Subsequently, EPA is proposing deletion of this site from the NPL.
Documents supporting this action are available in the deletion docket
at the information repositories.
State Concurrence
In a letter dated August 8, 2002, from the Oregon Department of
Environmental Quality (DEQ), DEQ concurs with the proposed deletion of
the Gould Superfund Site from the NPL.
Dated: August 15, 2002.
Ronald A. Kreizenbeck,
Acting Regional Administrator, U.S. EPA, Region 10.
[FR Doc. 02-21553 Filed 8-22-02; 8:45 am]
BILLING CODE 6560-50-P