[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Proposed Rules]
[Pages 18347-18351]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7230]
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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.
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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: [email protected].
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: [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 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.
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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)
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Hotspot (concentrations at & higher than 570 18,000 50 50 45,000 Excavate, stabilize,
these levels). consolidate on-site and
cap.
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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.
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Capping (at these concentrations)......... 200 1,000 20 10 .............. Cap in place.
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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.
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[[Page 18350]]
MTCA Residential \1\...................... \2\ 20 \3\ 250 \3\ 1 \3\ 1 2,960
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\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