[Federal Register Volume 62, Number 143 (Friday, July 25, 1997)]
[Proposed Rules]
[Pages 40033-40035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-19545]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5862-9]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete Union Pacific Railroad Sludge Pit 
Site from the National Priorities List Update: Request for Comments.

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SUMMARY: The Environmental Protection Agency (EPA), Region 10, 
announces its intent to delete the Union Pacific Railroad (UPRR) Sludge 
Pit Site in Pocatello, Idaho 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 Idaho Division of Environmental Quality (IDEQ) 
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 
August 25, 1997.

ADDRESSES: Comments may be mailed to: Deborah J. Yamamoto, 
Environmental Protection Agency, 1200 Sixth Avenue, Mail Stop ECL-113, 
Seattle, Washington 98101.
    Comprehensive information on this Site is available through the 
Region 10 public docket which is available for viewing at the UPRR 
Sludge Pit Site information repositories at the following locations:

Pocatello Public Library, 113 S. Garfield, Pocatello, Idaho 83204.
United States Environmental Protection Agency, Region 10 Office of 
Environmental Cleanup--Records Center, Attn: Bob Phillips, 1200 Sixth 
Avenue, Mail Stop ECL-110, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Deborah J. Yamamoto, U.S. EPA Region 
10, 1200 Sixth Avenue, Mail Stop ECL-113, Seattle, Washington 98101, 
(206) 553-7216.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The Environmental Protection Agency (EPA), Region 10 announces its 
intent to delete a site 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 to this 
deletion. EPA identifies sites on the NPL that appear to present a 
significant risk to human health or the environment. As described in 
Sec. 300.425(e)(3)of the NCP, sites deleted from the NPL remain 
eligible for Fund-financed remedial actions in the unlikely event that 
conditions at the site warrant such actions.
    EPA plans to delete the Union Pacific Railroad Sludge Pit Site 
(``Site'') at 300 South Harrison, Pocatello Idaho, 83201, from the NPL.
    EPA will accept comments on the plan to delete this Site for thirty 
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 procedures that EPA is using 
for this action. Section IV discusses the UPRR Sludge Pit Site and 
explains how the Site meets deletion criteria.

II. NPL Deletion Criteria

    Section 300.425 (e) of the NCP provides that ``releases'' (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;
    (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 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

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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 the UPRR Sludge Pit Site, no hazardous substances were left 
on-Site, making ``unlimited use and unrestricted exposure'' possible. 
Therefore, the five-year review requirement of Section 121 (c) of SARA 
is not applicable. If, however, new information becomes available that 
indicates a need for further action, EPA may require 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 issued a final close out report 
documenting the achievement of cleanup goals; (2) The Idaho Division of 
Environmental Quality (IDEQ) 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 repository.
    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 information purposes to assist EPA management. As 
mentioned in Section II of this document, 40 CFR 300.425(e)(3) states 
that deletion of a site from the NPL does not preclude eligibility for 
future Fund-financed response actions.
    EPA's Regional Office will accept and evaluate public comments on 
EPA's Notice of Intent to Delete before making a final decision. The 
Agency will prepare a Responsiveness Summary if any significant public 
comments are received.
    A deletion occurs when the Regional Administrator places a final 
action 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 EPA's Regional Office in Seattle, Washington.

IV. Basis for Intended Site Deletion

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

A. Site Background

    The UPRR Sludge Pit Site is located at 300 South Harrison in 
Pocatello, Bannock County, Idaho. The Site is approximately one acre in 
size, and is located north of UPRR's West Pocatello Railroad Yard, a 
several hundred acre facility located northwest of the City of 
Pocatello. The McCarty's/Pacific Hide and Fur Superfund site is 
directly northeast of the sludge pit. The Site is located in an area of 
mixed commercial and light industrial property.

B. History

    UPRR has operated a railroad yard on the property since the turn of 
the century. Operations have included maintenance and repair work, 
train assembly, and refueling. Railroad operations have involved the 
use of various fuels, cleaning agents, detergents and degreasers, 
including solvents.
    UPRR operates a waste water treatment plant (oil/water separator 
and dissolved air flotation unit). The treatment plant receives water 
from all rail yard storm drains and from many building floor drains. 
Between 1961 and 1983, approximately 3,000 gallons per week of sludge 
generated by treatment of the waste water at the plant were collected 
and disposed in an unlined pit.
    An EPA site investigation conducted in 1983 found that seepage from 
the sludge pit and a former railroad tie treating facility contributed 
to ground-water contamination beneath the pit. Ground-water samples 
from nearby private wells contained low levels of organic compounds 
consistent with the wastes discharged to the pit. As a result of this 
investigation, the Site was placed on the NPL in 1984 (49 FR 37083).
    The sludge pit was investigated and sampled by UPRR as part of a 
remedial investigation (RI) that lasted from 1985 to 1988. A variety of 
contaminants, including heavy metals (cadmium, chromium, copper, lead 
and zinc), volatile and semi-volatile organic compounds (ethylbenzene, 
xylenes, trans-1,2-dichloroethene, tetrachloroethene, polycyclic 
aromatic hydrocarbons (PAHs), nitrosamines, dichlorobenzene and a 
phthalate) were found in the sludge (and to a lesser extent, the 
underlying soil and silt) at the Site during the RI. Contamination in 
ground water consisted primarily of PAHs, as nonaqueous phase liquids 
(NAPLs), floating on the surface of the water table in the upper 
aquifer below the sludge pit. Low levels of heavy metals, semi-volatile 
and volatile organic compounds (VOCs) found in the sludge were also 
found in the ground water.
    The RI found that the sludge posed the greatest risk to human 
health through possible direct contact and as a continuing potential 
source to ground-water contamination. During 1990, UPRR finalized the 
RI, as well as the human health and ecological risk assessment. The 
feasibility study (FS) was completed in early 1991.
    Based on the results of the RI/FS and risk assessment, EPA signed a 
Record of Decision (ROD) for the Site on September 10, 1991. The 
selected remedial action in the ROD included the following components:
     Excavation and off-site disposal of contaminated soil, 
silt, and sludge to the maximum extent practicable; treatment of 
excavated material that failed the toxicity characteristic leachate 
procedure test; excavated areas backfilled with clean fill and graded; 
construction and maintenance of a low permeability cap over the entire 
pit boundary, and construction of a permanent fence around the entire 
sludge pit.
     Treatment of remaining, unexcavated soil and NAPL-
contaminated ground water via soil flushing, an on-Site oil/water 
separator and a dissolved air flotation unit (DAF); effluent discharge 
to the publicly owned treatment works (POTW) and residual sludge tested 
and appropriately disposed off-site.
     Provision for design and installation of an alternate 
water supply system in the event that the system is deemed necessary.
     Implementation of administrative and institutional 
controls in the property deed such as air monitoring, ground-water 
monitoring, and land and water use restrictions.
     Implementation of quarterly ground-water monitoring for 
all on-Site wells, at a minimum, for the first three years following 
completion of remedial activities.
     Implementation of comprehensive on- and off-Site soil and 
ground-water sampling, prior to initiation of the remedial action (RA), 
to determine background levels and the extent to which on-Site 
concentrations exceed background.
    In 1992 and 1993, UPRR undertook several remedial design (RD) 
support activities, including sampling soil and ground water to 
determine background concentrations, and three rounds of

[[Page 40035]]

ground-water sampling of all on-Site monitoring wells to establish 
baseline VOC, PAH, and metals concentrations. In addition, UPRR 
conducted a soil treatability study to test tap water and commercially 
available surfactants as potential soil flushing solutions for use in 
the in situ soil flushing system.
    Based on the results of the pre-RD activities, EPA determined that 
an amendment to the ROD was necessary. The Amended ROD, signed on 
September 29, 1994, set forth the final remedial performance standards 
and cleanup levels for contaminants at the Site. The Amended ROD also 
modified the original remedy by eliminating the requirements to install 
an in situ soil flushing system, the DAF treatment component of the 
ground-water pretreatment system, and the permanent Site fence.
    Based on the treatability study test results and the tests 
performed on the contaminated soil beneath the sludge pit, EPA 
concluded that in situ soil flushing would not achieve the goal of 
improving or providing appreciable protection of the ground water. The 
tests also showed that the DAF unit was not needed since contaminant 
concentrations in leachate and the upper aquifer were significantly 
below the required discharge limits mandated by the POTW. The DAF unit 
was not suitable for removal of the free oil whereas the oil/water 
separator, which remained a part of the pretreatment system, was 
designed for that purpose. UPRR installed a temporary fence during 
remedial action for Site security and to protect the public from 
physical contact with contaminated material during construction. Since 
contaminated material in the sludge pit was excavated and filled with 
clean material, future exposure to contaminated soil was eliminated 
once construction activities were completed, thereby eliminating the 
need for a permanent fence.

C. Characterization of Risk

    Prior to cleanup, the preliminary environmental pathways of concern 
were potential direct contact with sludge in the pit and potential 
ingestion of contaminated ground water. The estimated pre-remediation 
site-specific cancer risk for ground water was 1 x 10-3.
    Remedial action began in 1994 and included excavation of the sludge 
pit, filling the pit with clean material, installation of a geomembrane 
cover, no-dig barrier and final grading. All contract work was 
completed by the end of November 1994.
    UPRR began ground-water monitoring in July 1994 and ground-water 
extraction/treatment in late November 1994. In July 1995, UPRR 
submitted documentation that performance monitoring results indicated 
achievement of the ground-water performance standards. UPRR conducted 
its first round of long-term ground-water compliance monitoring on July 
21, 1995. On August 8, 1995, EPA approved shut down of the ground-water 
extraction/treatment system. UPRR has conducted four rounds of long-
term compliance monitoring since July 1995.
    Removal of contaminated sludge and installation of a cover over the 
former sludge pit has eliminated direct contact as a potential route of 
exposure and removed the source of ground-water contamination. 
Analytical data from four rounds of ground-water compliance monitoring 
indicate that concentrations of contaminants of concern are below ROD 
cleanup levels. Current Site risk from chemicals of concern is 7  x  
10-5, which is less than the ROD cleanup level of 1  x  
10-4 cumulative cancer risk for combined residential/
industrial land use.
    With the implementation and completion of all remedial activities, 
the Site no longer poses any threat to human health or the environment, 
insuring that no further action is required. With the exception of 
decommissioning of the extraction/treatment system and abandoning of 
monitoring wells, there are no other operation and maintenance 
activities to be performed at the Site. No hazardous substances were 
left on-Site above levels that allow for unlimited use and unrestricted 
exposure; therefore, the five year review requirement of Section 121 
(c) of SARA is not applicable.

D. Public Participation

    Community input has been sought by EPA Region 10 throughout the 
cleanup process at the Site. Information repositories were established 
at the Southeastern Idaho Health District Office and at the Pocatello 
Public Library. Fact sheets were distributed in 1988, 1989, and 1990, 
and the proposed plan for cleanup was issued in 1991. Additional fact 
sheets were distributed in September 1992 and July 1994.
    A copy of the Deletion Docket can be reviewed by the public at the 
Pocatello Public Library, or the EPA Region 10 Superfund Records 
Center. The Deletion Docket includes this document, the ROD, Amended 
ROD, Remedial Action Construction Report, and Final Site Close-Out 
Report. EPA Region 10 will also announce the availability of the 
Deletion Docket for public review in a local newspaper and 
informational fact sheet.
    One of the three criteria for deletion specifies that EPA may 
delete a site from the NPL if ``responsible parties or other persons 
have implemented all appropriate response actions required.'' EPA, with 
the concurrence of IDEQ, believes that this criterion for deletion has 
been met. Ground-water and soil data from the Site confirm that the ROD 
cleanup goals have been achieved. There is no significant threat to 
human health or the environment and, therefore, no further remedial 
action is necessary. Consequently, EPA is proposing deletion of this 
Site from the NPL. Documents supporting this action are available in 
the docket at the information repositories.

    Dated: July 10, 1997.
Chuck Clarke,
Regional Administrator, Region 10.
[FR Doc. 97-19545 Filed 7-24-97; 8:45 am]
BILLING CODE 6560-50-U