[Federal Register Volume 60, Number 58 (Monday, March 27, 1995)]
[Proposed Rules]
[Pages 15737-15739]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-7495]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5178-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete United States Army Fort Lewis 
Landfill No. 5 from the National Priorities List: Request for comments.

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SUMMARY: The Environmental Protection Agency (EPA) Region 10 announces 
its intent to delete the United States Army Fort Lewis Landfill No. 5 
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 
[[Page 15738]] pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended. EPA and the State of Washington Department of Ecology 
(Ecology) have determined that the Site poses no significant threat to 
public health or the environment and, therefore, further remedial 
measures pursuant to CERCLA are not appropriate.

DATES: Comments concerning this Site may be submitted on or before 
April 26, 1995.

ADDRESSES: Comments may be mailed to: Mary Jane Nearman, Environmental 
Protection Agency, 1200 Sixth Avenue, Mail Stop: HW-124, Seattle, 
Washington 98101.
    Comprehensive information on this Site is available through the 
public docket which is available for viewing at the Fort Lewis Landfill 
No. 5 site information repositories at the following locations:

Tillicum Library, 14916 Washington Avenue SW., Tacoma, WA 98498.
Lakewood Library, 6300 Wildaire Road, Tacoma, WA 98499.
Fort Lewis Environmental and Natural Resources Division, Attn: Paula 
Wofford, Fort Lewis WA 98433-5000.

FOR FURTHER INFORMATION CONTACT: Mary Jane Nearman, U.S. EPA Region 10, 
1200 Sixth Avenue, Mail Stop: HW-124, Seattle, Washington 98101, (206) 
553-6642.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The Environmental Protection Agency (EPA) Region 10 announces its 
intent to delete the United States Army Fort Lewis Landfill No. 5 Site 
at the Fort Lewis Military Reservation, Washington 98433-5000 from the 
National Priorities List (NPL), Appendix B of the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, 
and requests comments on this deletion. EPA identifies sites that 
appear to present a significant risk to human health or the environment 
and maintains the NPL as a list of these sites. As described in 
Sec. 300.425(e)(3) of the NCP, sites deleted from the NPL remain 
eligible for remedial actions in the unlikely event that conditions at 
the site warrant such actions.
    EPA will accept comments on the proposal to delete this Site for 
thirty days after publication of this notice in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures that EPA is using for 
this action. Section IV discusses the Fort Lewis Landfill No. 5 Site 
and explains how the Site meets the deletion criteria.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be deleted 
from, or recategorized on the NPL where no further response is 
appropriate. In making a determination to delete a release 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 persons have implemented all 
appropriate response actions required;
     (ii) All appropriate response under CERCLA has been implemented, 
and no further action by responsible parties is appropriate, or
     (iii) 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.
    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 at the site to ensure 
that the site remains protective of public health and the environment. 
In the case of this Site, the selected remedy is protective of human 
health and the environment. Consistent with Section XIX of the Fort 
Lewis Federal Facility Agreement, the Department of the Army will 
conduct a five-year review of this final remedy. If new information 
becomes available which indicates a need for further action, EPA may 
initiate remedial actions. Whenever there is a significant release from 
a site deleted from the NPL, the site may be restored to the NPL 
without the application of the Hazard Ranking System.

III. Deletion Procedures

    The following procedures were used for the intended deletion of 
this Site: (1) EPA Region 10 and the United States Army issued a Record 
of Decision which documented that no further remedial action is 
necessary at Fort Lewis Landfill No. 5 to ensure protection of human 
health and the environment; (2) Ecology concurred with the proposed 
deletion decision; (3) A notice has been published in the local 
newspaper 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 for public review in the local Site information repositories.
    Deletion of the Site from the NPL does not itself create, alter, or 
revoke any individual rights or obligations. The NPL is designed 
primarily for informational purposes to assist Agency management. As 
mentioned in Section II of this Notice, Sec. 300.425(e)(3) of the NCP 
states that 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.

A. Site Background

    The Fort Lewis Landfill No. 5 NPL site is a 60-acre landfill 
located adjacent to the Dupont-Steilacoom Highway on the west side of 
the Fort Lewis Military Reservation in Pierce County, Washington. It is 
approximately 1.5 miles north of Dupont and 3.5 miles south of 
Steilacoom.

B. History

    The Fort Lewis Landfill No. 5 NPL site operated from 1967 through 
July 1990. It accepted mixed municipal solid waste (industrial, 
commercial, and residential) and demolition waste (concrete, asphalt, 
wood, steel and other building debris) from the Fort Lewis Military 
Reservation, VA Medical Center, and McChord Air Force Base.
    As a result of iron and manganese contamination found in nearby 
groundwater, Landfill No. 5 was added to the NPL in 1987. In 1988, the 
Army, with oversight provided by EPA and the State of Washington 
Department of Ecology, began a Remedial Investigation 
[[Page 15739]] (RI) to characterize the nature and extent of 
contamination and to assess potential risks to human health and the 
environment.
    Based on the results of the RI and risk assessment, a Record of 
Decision (ROD) for the Site was signed on July 24, 1992. The ROD 
documented the decision that no further remedial action was necessary 
at Fort Lewis Landfill No. 5 because the conditions at the site pose no 
unacceptable risks to human health or the environment. The Army will 
continue to implement the operating and closure requirements of 
Landfill No. 5 under a permit administered by the Tacoma-Pierce County 
Health Department. The closure complies with State Minimum Functional 
Standards for Solid Waste Handling, pursuant to Washington 
Administrative Code (WAC) 173304.

C. Characterization of Risk

    The RI included an investigation of the surface water, sediments, 
air, and groundwater in the vicinity of the landfill. The investigation 
included a wide range of analyses to detect volatile organic compounds, 
base/neutral and acid extractable compounds, pesticides, and 
polychlorinated biphenyls, and inorganic compounds (including metals). 
Concentrations found were below state and federal regulatory levels and 
risks for both current and future use were within acceptable levels as 
defined by the NCP.
    The results of the ecological risk assessment indicate that 
Landfill No. 5 does not pose a threat to ecological receptors or 
habitats. No endangered or sensitive resident species or critical 
habitats were identified in the study area.
    Confirmational monitoring of groundwater demonstrate that no 
significant risk to public health or the environment is posed by 
residual materials remaining at the Site. EPA and Ecology believe that 
conditions at the site pose no unacceptable risks to human health or 
the environment.
    One of the three criteria for deletion specifies that EPA may 
delete a site from the NPL if ``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.'' EPA, with concurrence of Ecology, believes 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.

    Dated: March 17, 1995.
Chuck Clarke,
Regional Administrator, Region 10.
[FR Doc. 95-7495 Filed 3-24-95; 8:45 am]
BILLING CODE 6560-50-P