[Federal Register Volume 61, Number 168 (Wednesday, August 28, 1996)]
[Proposed Rules]
[Pages 44269-44275]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-21629]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300

[FRL-5554-7]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List
AGENCY: Environmental Protection Agency.

ACTION: Notice of intent for partial deletion of the Commencement Bay 
Nearshore/Tideflats Superfund Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region 10 announces 
its intent to delete portions of the Commencement Bay Nearshore/
Tideflats (CB/NT) Superfund Site from the National Priorities List 
(NPL) and requests public comment on this action. The NPL constitutes 
Appendix B to the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), 40 CFR Part 300, which EPA promulgated pursuant 
to Section 105 of the Comprehensive Environmental Response, 
Compensation, and Liability Act (CERCLA).
    This proposal for partial deletion pertains only to portions of 
Operable Unit (OU) 1--CB/NT Sediments, and Operable Unit (OU) 5--CB/NT 
Sources. Specifically, it pertains to the sediments contained in and 
upland properties draining only to the St. Paul or Blair Waterways, and 
to four properties which were transferred to the Puyallup Tribe of 
Indians under the Puyallup Land Settlement Act of 1989 (``Puyallup Land 
Settlement Properties''). The four Puyallup Land Settlement Properties 
proposed for deletion are the: Taylor

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Way Property, the East-West Road Property, the Blair Waterway Property, 
and the portion of the Blair Backup Property that drains only to the 
Blair Waterway.

DATES: The EPA will accept comments concerning its proposal for partial 
deletion for thirty (30) days after publication of this document in the 
Federal Register and a newspaper of record.

ADDRESSES: Comments may be mailed to: Jeanne O'Dell, Community 
Relations Coordinator, U.S. EPA, Region 10 (ECO-081), 1200 Sixth 
Avenue, Seattle, Washington, 98101, (1-800-424-4372 or (206) 553-6919).

Information Repositories

    Comprehensive information on the CB/NT site as well as information 
specific to this proposed partial deletion is available for review at 
EPA's Region 10 office in Seattle, Washington. The Administrative 
Record for OU Nos. 1 and 5 and the Deletion Docket for this partial 
deletion are maintained at the following site document/information 
repositories: U.S. Environmental Protection Agency, 7th floor Records 
Center, 1200 Sixth Avenue, Seattle, Washington 98101, (206) 553-4494.
    Citizens for a Healthy Bay, 771 Broadway, Tacoma, Washington 98402, 
(206) 383-2429.

FOR FURTHER INFORMATION CONTACT: Ms. Allison Hiltner, Remedial Project 
Manager, U.S. EPA, Region 10 (ECL-116), 1200 Sixth Avenue, Seattle, 
Washington, 98101, (206) 553-2140.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The United States Environmental Protection Agency (EPA) Region 10 
announces its intent to delete a portion of the Commencement Bay 
Nearshore/Tideflats Superfund Site (CB/NT Site) located in Pierce 
County, Washington (Figure 1) from the National Priorities List (NPL), 
which constitutes Appendix B of the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), 40 CFR Part 300, and 
requests comments on this proposal.
    This partial deletion of the CB/NT site is proposed in accordance 
with 40 CFR Sec. 300.425(e) and the Notice of Policy Change: Partial 
Deletion of Sites Listed on the National Priorities List 60 Fed. Reg. 
55466 (Nov. 1, 1995).
    This proposal for partial deletion pertains only to portions of OU 
1 (CB/NT Sediments), and OU 5 (CB/NT Sources). At the CB/NT site, 
sources are defined as releases of contaminants or problem chemicals 
from a site or facility to a problem area identified in the 1989 CB/NT 
Record of Decision (ROD). Once an ongoing source is identified, 
regulatory mechanisms and cleanup measures are implemented to control 
the release of contaminants to the marine environment and to ensure 
compliance with environmental regulations.
    Specifically, this proposal pertains to the sediments contained in 
and upland properties draining only to the St. Paul Waterway or Blair 
Waterway, and to four properties which were transferred to the Puyallup 
Tribe of Indians under the Puyallup Land Settlement Act of 1989 
(``Puyallup Land Settlement Properties''). The four Puyallup Land 
Settlement Properties proposed for deletion are: the Taylor Way 
Property, the East-West Road Property, the Blair Waterway Property, and 
the portion of the Blair Backup Property that drains only to the Blair 
Waterway.
    EPA proposes to delete the above named portions of the sites 
because all appropriate CERCLA response activities have been completed 
in those areas. Environmental investigations and cleanup work at these 
portions of the site are consistent with the September 1989 CB/NT ROD 
that describes the cleanup plan for the site.
    The properties that EPA proposes to delete are all encompassed 
within the CB/NT site but have utilized different regulatory pathways 
to arrive at this point:
     St. Paul Waterway. Cleanup of the St. Paul Waterway was 
required under the CB/NT Record of Decision (ROD) dated September 1989. 
Cleanup had actually been performed in 1988 under a state consent 
decree. The cleanup was approved by EPA under CERCLA pursuant to a 
federal consent decree in 1991. This federal decree also required long-
term monitoring to ensure protectiveness of human health and the 
environment.
     Blair Waterway. Blair Waterway was not identified as a 
priority problem area within the CB/NT ROD. The dredging and 
restoration of portions of the Blair Waterway was completed pursuant to 
the Sitcum Waterway Consent Decree from late 1993 through early 1995. A 
settlement with the Port of Tacoma for injuries to natural resources in 
Blair Waterway and other portions of Commencement Bay was also part of 
the Consent Decree.
     Puyallup Tribe Properties. The Puyallup Tribe of Indians 
Land Claims Settlement Act of 1989 required transfer of seven 
commercial and industrial properties, along with a portion of the bed 
of the Puyallup River, to the Puyallup Tribe of Indians. Six of the 
properties, comprising approximately 215 acres, are within the CB/NT 
Superfund site. Consistent with CERCLA requirements, the Puyallup Land 
Claims Settlement Act of 1989, and the Puyallup Land Transfer Consent 
Decree among the United States, the Port of Tacoma and the Puyallup 
Tribe of Indians, the properties have now been transferred to the 
United States in trust for the Puyallup Tribe. Cleanup actions have 
been completed, where necessary, at the four properties within the CB/
NT Superfund Site that are proposed for deletion.
    This partial deletion does not include the remaining portions of OU 
1 and OU 5, the other OUs of the site, or the other Puyallup Land 
Settlement Properties. This partial deletion does not include the 
portion of the Blair Backup Property that drains to the Hylebos 
Waterway. Response activities will continue at all areas of the site 
not contained in the partial deletion notice.
    The NPL is a list maintained by EPA of sites that EPA has 
determined 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).
    Sites (or portions of sites) are deleted from the NPL when one or 
more of the deletion criteria have been satisfied (see next section). 
Deletion from the NPL does not mean that further regulatory actions are 
necessarily precluded or that all cleanup-related activities come to an 
end.
    For example, any site or portion of a site deleted from the NPL 
remains eligible for Fund-financed remedial actions under Sec. 104 of 
CERCLA if conditions at the site warrant such action. Other potential 
authorities that may be used to compel cleanup action if conditions 
warrant are enforcement authorities under Sec. 106 of CERCLA or under 
applicable state or tribal law.
    Cleanup-related activities that may continue after a site or 
portion of a site is deleted include those relating to maintaining the 
protectiveness of the remedy. Such activities may include the 
following:
     Long-term monitoring to ensure that the cleanup levels 
that have been attained are not exceeded again in the future.
     Operation and maintenance of cleanup measures or functions 
(e.g., a sediment cap or a landfill leachate collection system).
     Inspection (e.g., of an asphalt cap to ensure its 
continued integrity).

[[Page 44271]]

     Institutional controls (e.g., measures such as fish 
advisories or deed restrictions to restrict access or exposure to 
remaining contamination).
    Other important requirements or activities that may be ongoing even 
at portions of the site deleted from the NPL include the following:
     Cost recovery from liable parties (note that deletion from 
the NPL does not extinguish the liability under CERCLA of potentially 
responsible parties connected with the site or portion of the site).
     The assessment of and recovery for damages to natural 
resources.
     Compliance with pollution control or other environmental 
requirements under applicable federal, tribal, state or local law 
(i.e., other than CERCLA). For example, under state law, Ecology may 
conduct investigations or require response actions at deleted upland 
and in-water portions of the site.
    Finally, a partial deletion of a site from the NPL does not affect 
or impede the ability of EPA or the applicable state or Indian tribe to 
conduct response activities, including source control, at areas not 
deleted and remaining on the NPL.
    EPA will accept comments concerning its intent for partial deletion 
for thirty (30) days after publication of this notice in the Federal 
Register and a newspaper of record.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR Sec. 300.425(e), sites may be 
deleted from the NPL where no further response is appropriate to 
protect public health or the environment. In making such a 
determination pursuant to Section 300.425(e), EPA considers, in 
consultation with the State, with regard to the St. Paul and Blair 
Waterways, and with the Puyallup Tribe of Indians, with regard to the 
Puyallup Land Settlement Properties, whether any of the following 
criteria have been met:

    Section 300.425(e)(1)(i). Responsible parties or other persons 
have implemented all appropriate response actions required; or
    Section 300.425(e)(1)(ii). All appropriate Fund-financed 
response under CERCLA has been implemented, and no further response 
action by responsible parties is appropriate; or
    Section 300.425(e)(1)(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.

III. Deletion Procedures

    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any person's rights or obligations. The NPL is 
designed primarily for informational purposes and to assist Agency 
management.
    The following procedures were used for the proposed partial 
deletion of the CB/NT site:

    (1) EPA has recommended the partial deletion and has prepared 
the relevant documents.
    (2) The State of Washington, with respect to the St. Paul and 
Blair Waterways, and the Puyallup Tribe of Indians, with respect to 
the Puyallup Land Settlement Agreement Properties, have been asked 
to concur on EPA's final determination regarding the partial 
deletion.
    (3) Concurrent with this national Notice of Intent for Partial 
Deletion, a notice has been published in a newspaper of record and 
has been distributed to appropriate federal, tribal, State, and 
local government officials, and other interested parties. These 
notices announce a thirty (30) day public comment period on the 
deletion package, which commences on the date of publication of this 
notice in the Federal Register and a newspaper of record.
    (4) EPA has made all relevant documents available at the 
information repositories listed previously.

    This Federal Register notice, and a concurrent notice in a 
newspaper of record, announce the initiation of a thirty (30) day 
public comment period and the availability of the Notice of Intent for 
Partial Deletion. The public is asked to comment on EPA's proposal to 
delete portions of the site as described in this notice from the NPL. 
All critical documents needed to evaluate EPA's decision are included 
in the Deletion Docket and are available for review at the information 
repositories.
    Upon completion of the thirty (30) day public comment period, EPA 
will evaluate all comments received before issuing the final decision 
on the partial deletion. EPA will prepare a Responsiveness Summary for 
comments received during the public comment period and will address 
concerns presented in the comments. The Responsiveness Summary will be 
made available to the public at the information repositories listed 
previously. Members of the public are encouraged to contact EPA Region 
10 to obtain a copy of the Responsiveness Summary.
    If, after review of all public comments, EPA determines that the 
partial deletion from the NPL is appropriate, EPA will publish a final 
notice of partial deletion in the Federal Register. Deletion will occur 
when the final Notice of Partial Deletion is published in the Federal 
Register.

IV. Basis for Intended Partial Site Deletion

    The following provides EPA's rationale for deletion of portions of 
the CB/NT site from the NPL and EPA's finding that the criteria in 40 
CFR Sec. 300.425(e) are satisfied for this deletion.

General Site Description

    The CB/NT Superfund site is located in Tacoma, Washington at the 
southern end of the main basin of Puget Sound. This proposal for 
partial deletion of the site from the NPL is with respect to: the Blair 
Waterway, the St. Paul Waterway, and four of the Puyallup Land 
Settlement Properties. The delineation of the areas proposed for 
partial deletion are further described below.
    The CB/NT site was listed on the NPL on September 8, 1983. The 
entire CB/NT site encompasses an active commercial seaport and includes 
10-12 square miles of shallow water, shoreline, an adjacent land, most 
of which is highly developed and industrialized. The upland boundaries 
of the site are defined according to the contours of localized drainage 
basins that flow into the marine waters. The marine boundary of the 
site is limited to shoreline, intertidal areas, bottom sediments and 
water of depths less than 60 feet below mean lower low water.
    The deep water portion of the bay was proposed for listing on the 
NPL, however, was not listed on the final NPL because water quality 
studies indicated there was minimal contamination in the area.
    Superfund response actions at the CB/NT site are managed under six 
operable units. The six operable units constitute a comprehensive 
remedial response to actual or threatened release of hazardous 
substances that are associated with the Tacoma Tar pits, the ASARCO 
smelter and the CB/NT marine environment. The six operable units are as 
follows:

OU 1--CB/NT Sediments
OU 2--ASARCO Tacoma Smelter
OU 3--Tacoma Tar Pits
OU 4--ASARCO Off-Property
OU 5--CB/NT Sources
OU 6--ASARCO Sediments

    This proposal for partial deletion of the site from the NPL is with 
respect only to portions of two operable units: OU 1: CB/NT Sediments, 
and OU 5: CB/NT Sources. The cleanup of the other operable units are 
being addressed separately. More information can be obtained on these 
other cleanup activities from EPA.

Site History

    The CB/NT Remedial Investigation, completed in 1985, characterized 
the nature and extent of sediment contamination in the site. The CB/NT 
Feasibility Study, completed in 1988,

[[Page 44272]]

described feasible alternatives for sediment remedial action at the 
site.
    In September 1989, the Environmental Protection Agency published a 
ROD, or cleanup plan, that described the response actions necessary for 
Operable Units 1 and 5. The response actions described in the ROD are 
limited to eight of the nine contaminated marine sediment problem areas 
identified in the Remedial Investigation/Feasibility Study (RI/FS). The 
ninth area, the Ruston-Pt. Defiance Shoreline problem area, is being 
addressed in separate actions under Operable Unit 06: ASARCO sediments.
    The eight contaminated marine sediment problem areas for which 
response actions are required under the ROD are:

Head of Hylebos Waterway
Mouth of Hylebos Waterway
Sitcum Waterway
St. Paul Waterway
Middle Waterway
Head of Thea Foss (formerly City) Waterway
Mouth of Thea Foss (formerly City) Waterway
Wheeler-Osgood Waterway

    EPA recognized that cleanup of contaminated sediments could not 
proceed until major sources of contamination were controlled, because 
ongoing sources could recontaminate clean sediment. Consequently, the 
ROD describes a cleanup strategy that incorporates source control and 
sediment cleanup.
    Source control activities under OU 05 are implemented by the 
Washington Department of Ecology under a Cooperative Agreement with 
EPA. Source control activities as defined in the CB/NT ROD and EPA's 
1992 Source Control Strategy are for activities that pose an actual or 
potential threat to marine sediments by drainage to one of the eight 
sediment problem areas.
    EPA is the lead agency for oversight of the sediment cleanup 
activities implemented under OU 1. Due to the considerable variation in 
the types and concentrations of chemical contaminants found in each 
sediment problem area, the ROD explains that cleanup of these areas 
would proceed based on progress made in source control as well as the 
schedule for cleanup set forth in the ROD.
    Cleanup progress has been made in all areas of the site. The notice 
of intent to delete portions of the site are to recognize the cleanup 
accomplishments to date and to designate portions of the site that do 
not warrant further action under the federal Superfund program.

Areas For Partial Delection

    The areas of the site that are proposed for partial deletion and 
for which EPA has determined that no further response action is 
required under the Superfund program are: St. Paul Waterway Sediments, 
Blair Waterway Sediments, sources draining only to the St. Paul 
Waterway, sources draining only to the Blair Waterway, and four of the 
Puyallup Land Settlement Properties. The four Puyallup Land Settlement 
Properties proposed for deletion are the: the Taylor Way Property, the 
East-West Road Property, the Blair Waterway Property, and the portion 
of the Blair Backup Property that drains only to the Blair Waterway.
Blair Waterway Sources and Sediments
    EPA proposes that the shoreline, intertidal sediments, bottom 
sediments and waters of the Blair Waterway, and the areas and sources 
that drain only to the Blair Waterway be deleted from the NPL.
    Sediment contamination at the Blair Waterway was studied under the 
CB/NT RI/FS. EPA concluded in the RI/FS and ROD that Blair Waterway was 
a low priority area of the site and did not warrant identification as a 
sediment problem area.
    Although Blair Waterway was not identified as a priority problem 
area, the dredging and restoration of portions of Blair Waterway was 
completed by the Port of Tacoma under the Sitcum Waterway Consent 
Decree. Between October 1993 and December 1994, the Port of Tacoma 
dredged 2.4 million cubic yards of sediment from the Blair Waterway. As 
part of this work, the main navigation channel as well as certain 
adjacent areas within the waterway were dredged to an approximate depth 
of 45-48 feet below Mean Lower Low Water (MLLW). A settlement with the 
Port of Tacoma for injuries to natural resources in Blair Waterway and 
other portions of Commencement Bay was also part of the Sitcum Waterway 
Consent Decree.
    Sources that drain only to the Blair Waterway are proposed for 
deletion from the NPL. This includes properties in the area which is 
bounded (relative to the waterway) by Alexander Avenue on the 
northeast, the new SR 509 (formerly East-West Road) on the south and 
Port of Tacoma Road on the southwest, and any other properties outside 
of the area described above that drain only to Blair Waterway. This 
partial deletion from the NPL does not affect pollution control 
requirements otherwise required under federal or applicable state or 
tribal law.
St. Paul Waterway Sources and Sediments
    EPA proposes that the St. Paul Waterway, and upland sources that 
drain only to the St. Paul Waterway be deleted from the NPL.
    In September 1988, the Simpson Tacoma Kraft Company completed 
source control activities and implemented sediment cleanup in the St. 
Paul Waterway Problem Area. Sediment cleanup actions, which were 
undertaken as part of a December 1987 Consent Decree with Ecology under 
the State of Washington's Model Toxics Control Act, consisted of the 
placement of clean sediments on top of contaminated sediments to 
isolate the contaminants from marine life and to restore intertidal and 
shallow subtidal habitats. The Superfund Completion Report for the St. 
Paul Waterway was approved by EPA in January 1991 and describes the 
source control and sediment cleanup efforts in the St. Paul Waterway. 
The work was formally approved by EPA in a federal Consent Decree in 
1991 (No. C91-526DT). A corresponding amendment to the state consent 
decree has already removed this site from the state's Hazardous Sites 
List.
    The sediment cap is functioning in accordance with the performance 
standards defined in the federal Consent Decree. The project is now in 
the long-term monitoring phase. Monitoring requirements are defined for 
ten years under the federal Consent Decree. For the past 8 years, 
Simpson Tacoma Kraft has performed annual monitoring to ensure that the 
sediment cap remains effective and that healthy marine communities live 
on the sediment cap. This physical, chemical, and biological sampling 
has shown that the sediment cap is functioning as planned, and that 
diverse biological communities are inhabiting the area.
    On a larger scale, the project provides habitat that is supporting 
valuable ecological functions. Shorebirds utilize the site for feeding 
and rearing, and tide pools observed at low tide are abundant with 
invertebrates. Productive shoreline habitat exists at the project site 
where there was essentially no productive habitat prior to construction 
of the project.
    Long-term monitoring will continue at the site, as required under 
the federal Consent Decree. Should the monitoring indicate any 
potential problem with or failure of the remedy, the federal Consent 
Decree provides a process for Early Warning, Contingency Planning, 
Contingency Response and Expedited Response that will address the 
situation and will be conducted with EPA oversight and approval. After 
10 years, the need for monitoring requirements will be determined by 
EPA, the Puyallup Tribe of Indians, the

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Muckleshoot Indian Tribe and federal and state natural resource 
trustees consulted as part of EPA's oversight of this project. EPA will 
continue to evaluate site performance to ensure protectiveness of the 
remedy.
Puyallup Tribe of Indians Land Settlement Properties
    On August 27, 1988, the Puyallup Land Settlement Agreement 
(Agreement) was signed. The United States, the State of Washington, the 
Puyallup Tribe of Indians (Tribe) and the Port of Tacoma (Port) are 
among the parties to the Agreement. This landmark Agreement resolved 
historic land claim disputes among the Puyallup Tribe and public and 
private landowners in the Tacoma tideflats area. Congress formally 
incorporated the Settlement Agreement into federal law, the Puyallup 
Tribe of Indians Settlement Act of 1989, 25 U.S.C. 1773.
    The Settlement Agreement provided for transfer of seven commercial 
and industrial properties, along with a portion of the bed of the 
Puyallup River, to the United States to be held in trust for the 
Puyallup Tribe. These lands will play a key role in future Tribal 
economic development plans and were a significant consideration in the 
Settlement Agreement. Six of these properties, comprising approximately 
215 acres, are within the CB/NT Superfund Site. Under the Settlement 
Agreement, the Port was to complete environmental investigations and 
any necessary cleanup prior to property transfer. The Port completed 
cleanups by 1994, and the six properties have been transferred to the 
United States in trust for the Tribe.
    The four properties proposed for deletion are: the Taylor Way 
Property, the East-West Road Property, the Blair Waterway Property, and 
the portion of the Blair Backup Property that drains only to the Blair 
Waterway. The legal descriptions for these properties are contained the 
Deletion Docket.
    EPA believes that two of the Settlement properties and part of a 
third--the Inner Hylebos Property, the Upper Hylebos Property, and the 
portion of the Blair Backup Property that drains to the Hylebos 
Waterway--should not be deleted from the NPL at this time. The Inner 
Hylebos Property and the Upper Hylebos Property are adjacent to and 
drain to the Hylebos Waterway Sediment Problem Areas for which 
investigations are still underway. The need for sediment cleanup on 
both of these properties is an outstanding issue and will be settled as 
part of the Hylebos Waterway sediment cleanup. The portion of the Blair 
Backup Property that drains to the Hylebos Waterway is not proposed for 
delisting at this time because of the potential contributions of past 
owners and operators to the contamination in the Hylebos Waterway.
    The environmental status of each property is described briefly 
below. EPA, Ecology, and the Puyallup Tribe reviewed and performed 
oversight of all environmental investigations, and approved all cleanup 
decisions. Environmental information on each Puyallup Land Settlement 
Property, including the long-term monitoring and land use obligations 
by the Port of Tacoma and the Puyallup Tribe, are described in the 
Puyallup Land Transfer Consent Decree (No. C94-5648). For all 
properties, the use of shallow groundwater for drinking water purposes 
is prohibited.
    Taylor Way Property: At this 6-acre property, environmental 
investigations were completed in 1991 and no cleanup actions were 
required.
    East-West Road Property: At this 2-acre property, environmental 
investigations were completed in 1991 and no cleanup actions were 
required for the soils. Although some shallow groundwater at the 
property is contaminated by sludges that are buried on an adjacent 
site, that groundwater cleanup, if necessary, will be done by third 
parties under state or tribal law.
    Blair Waterway Property: This 43.4 acre site, including about 8 
acres of marine sediments, borders Blair Waterway. The cleanup 
activities were completed in 1994 and included: removal of 37,000 cubic 
yards of previously dredged sediments that were being temporarily 
stored on the property, removal of about 16,450 cubic yards of slag and 
soil from the central portion of the site, removal of 100 cubic yards 
of arsenic contaminated soils and sediment lining a ditch, dredging of 
the marine portion of the property pursuant to the Sitcum Waterway 
Consent Decree, and containment of contaminated sediments in the 
Lincoln Avenue Ditch. A 1.7 acre wetlands mitigation project was 
required for filling the ditch and is located at the Outer Hylebos 
Property. For institutional controls at the site, the Tribe agrees to 
restrict future use of the site to industrial purposes under M2 or M3 
of the City of Tacoma Zoning Code (or other commercial purposes if 
conditions are met).
    Blair Backup Property: This is an 85 acre site between Taylor Way 
and Alexander Avenue. The cleanup activities were completed in 1994 and 
focused on the 17-acre former Ohio Ferro Alloys smelter area. Cleanup 
included removal of about 4,264 cubic yards of charcoal briquettes and 
contaminated soil for disposal in a landfill in Klickitat County. Other 
actions included incorporation of material removed from the Blair 
Waterway Property into a 7 acre portion of the Blair Backup Property 
which was then capped with asphalt. Ten acres of contaminated soils 
that surround the 7-acre asphalt cap were covered with 2 feet of sand 
and gravel. For institutional controls, the Tribe agrees to restrict 
future use of the site to industrial purposes under M2 or M3 of the 
City of Tacoma Zoning Code (or other commercial purposes if conditions 
are met), and restrict any construction activities that may damage the 
cap or cover. The Port is performing long-term monitoring in the capped 
and covered area.
Permit Exemption
    Under CERCLA, response actions are exempt from obtaining federal, 
state or local permits where such actions are conducted on-site. On-
site is defined as the areal extent of contamination and all suitable 
areas in very close proximity to the contamination necessary for the 
implementation of response actions. The substantive requirements 
otherwise contained in a permit must be complied with for the on-site 
response action under CERCLA even though the actual permit document is 
not obtained.
    The reason for the permit exemption in CERCLA is to avoid 
duplication with requirements under permit processes and thus expedite 
cleanups and reduce costs. For example, CERCLA mandates public 
participation in connection with cleanup decision, on- and off-site. It 
would be unnecessarily time-consuming for a CERCLA action to also 
comply with public participation requirements under a permit process. 
Therefore, the CERCLA action is exempt from the nonsubstantive 
components of federal, state and local permits.
    Although not anticipated at this time, there could be a need in the 
future for further response actions at deleted portions of the site. 
More likely, it may be necessary to use a deleted portion to implement 
a cleanup elsewhere at the site. For example, the deleted portion may 
be needed as a staging area. In either case, the same rationale for the 
permit exemption--to avoid duplication, expedite cleanup and reduce 
costs--would still exist. Accordingly, the permit exemption would be 
applicable so long as the response action taken at the deleted portion 
is performed in accordance with CERCLA.

[[Page 44274]]

Community Involvement

    Public participation activities for the investigation and cleanup 
of Operable Units 1 and 5 of the CB/NT site were conducted as required 
under CERCLA Section 113(k), 42 U.S.C. Sec. 9613(k), and Section 117, 
42 U.S.C. Sec. 9617. Public review included the following activities:

     A public comment period was held on the CB/NT RI and FS 
Reports and EPA's proposed cleanup plan from February 24 to June 24, 
1989.
     A public comment period was held for the St. Paul 
Consent Decree, including EPA's acceptance of the 1987 state cleanup 
of the St. Paul Waterway, from July 5, 1991, to August 4, 1991.
     A public comment period for the Sitcum Waterway Consent 
Decree, which included the Blair Waterway dredging work, was held 
from August 26, 1993 to September 24, 1994.
     A public comment period on the Puyallup Land Transfer 
Consent Decree, which documented the Port of Tacoma's environmental 
investigations and cleanup actions at the properties to be 
transferred from the Port to the United States in trust for the 
Puyallup Tribe from December 6, 1994, to January 6, 1995.

    Documents pertaining to all of these actions are available to the 
public at EPA Region 10 offices, and near the site at the Tacoma Public 
Library, and at Citizens for a Healthy Bay.

Conclusion

    EPA's proposed deletion of these portions of the site is based on a 
determination by EPA, in consultation with the State of Washington and 
the Puyallup Tribe of Indians, that all appropriate actions under 
CERCLA have been implemented to protect human health, welfare and the 
environment at these portions of the site. EPA has determined that 
required cleanup actions have been successfully completed, or that no 
cleanup is required, at the St. Paul Waterway and sources draining only 
to the St. Paul Waterway, Blair Waterway and sources draining only to 
the Blair Waterway, and the following Puyallup Tribe Transfer 
Properties: the Taylor Way Property, the East-West Road Property, the 
Blair Waterway Property, and the portion of the Blair Backup Property 
that drains only to the Blair Waterway. There are no further CERCLA 
response actions planned or scheduled for these areas of the site. 
Long-term monitoring will continue at St. Paul Waterway as required 
under the St. Paul Consent Decree. Institutional controls will remain 
in place at the Blair Waterway, East-West Road, and Blair Backup 
Properties.
    While EPA does not believe any further CERCLA response actions at 
these properties will be needed, if future conditions warrant such 
action, the proposed deletion areas of the CB/NT site remain eligible 
for future response actions. Furthermore, this partial deletion does 
not alter the status of other OUs or other portions of OUs 1 and 5 
which are not proposed for deletion and remain on the NPL.
    The State of Washington, through the Department of Ecology, and the 
Puyallup Tribe of Indians, with respect to those Puyallup Land 
Settlement Agreement Properties, have been asked to concur on EPA's 
final determination regarding the partial deletion.

    Dated: August 8, 1996.
Jane S. Moore,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region 10.

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[FR Doc. 96-21629 Filed 8-27-96; 8:45 am]
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