[Federal Register Volume 62, Number 152 (Thursday, August 7, 1997)]
[Rules and Regulations]
[Pages 42414-42416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-20583]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5869-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete Spokane Junkyard and Associated 
Properties Site 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 Spokane Junkyard and Associated Properties 
Site (the Site) from the National Priorities List (NPL) and requests 
public comment on this 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) as amended. EPA and the State of Washington 
Department of Ecology (Ecology) have determined that the Site poses no 
significant threat to public health and the environment and, therefore, 
all appropriate CERCLA actions have been implemented, and no further 
cleanup is appropriate.

Dates: Comments concerning this site may be submitted on or before 
September 8, 1997.

Addresses: Comments may be mailed to: Kevin Rochlin, Office of 
Environmental Cleanup, U.S. Environmental Protection Agency, Region 10, 
1200 6th Avenue, Mail Stop: ECL-111, Seattle, Washington 98101.

[[Page 42415]]

    Comprehensive information on this site is available through the EPA 
Region 10 public docket, which is located at EPA's regional office and 
is available for public viewing by appointment from 9 a.m. to 4 p.m., 
Monday through Friday, excluding holidays. Requests for appointments to 
view the Regional public docket should be directed to: Superfund 
Records Center, EPA Region 10, 1200 6th Avenue, Seattle, Washington 
98101.
    Background information from the Regional public docket is also 
available for viewing at the Spokane Junkyard and Associated Properties 
Site information repository located at: Hillyard Branch Library, 4005 
Cook Street, Spokane, Washington 99207.

FOR FURTHER INFORMATION CONTACT: Kevin Rochlin, Office of Environmental 
Cleanup, U.S. Environmental Protection Agency, Region 10, 1200 6th 
Avenue, Mail Stop: ECL-111, Seattle, Washington 98101, (206) 553-2106 
or, (800) 424-4372.

SUPPLEMENTARY INFORMATION:

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 the Spokane Junkyard and Associated Properties 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 on this deletion. EPA identified 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. As 
described in Sec. 300.425(e)(3) of the NCP, sites deleted from the NPL 
remain eligible for remedial action in the unlikely event that 
conditions at the site warrant such action.
    EPA will accept comments on the proposal to delete this site from 
the NPL for 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 that EPA is 
using for this action. Section IV discusses the Spokane Junkyard and 
Associated Properties Site and explains how the Site meets the deletion 
criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that the Agency uses to delete 
sites from the NPL. In accordance with 40 CFR 300.66(c)(7), sites may 
be deleted from the NPL where no further response is appropriate. In 
making this determination, EPA will 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 response actions 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 after the initiation of the response action at the site to ensure 
that the selected remedy remains protective of public health and the 
environment. Because hazardous substances are consolidated and capped 
on the Site, EPA will conduct five-year reviews of this 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 Hazardous Ranking 
System.

III. Deletion Procedures

    The following procedures were used for the intended deletion of 
this site: (1) EPA has signified that the PRPs at the Site completed 
the early action specified in the 1996 Action Memorandum; (2) The 
Washington State Department of Ecology has 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's rights or obligations. The NPL is designed 
primarily for informational purposes and to assist Agency management. 
As mentioned in Section II of this document, Sec. 300.425(e)(3) of the 
NCP states that the 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 
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 the Regional Office.

IV. Basis for Intended Site Deletion

    The following site summary provides the Agency's rational for the 
proposal to delete this site from the NPL.

A. Site Background

    The Spokane Junkyard and Associated Properties Site is located in 
the Hillyard area, a light commercial and residential area in Spokane. 
The Site covers approximately 16 acres and includes a former junkyard, 
the former Spokane Metals facility, and two other parcels of land.

 B. History

    Spokane Metals operated a metal recycling facility at the Site from 
the 1940's until the early 1980's. The metal recycling operations, 
which included salvaging transformers and batteries, spread out onto 
the other properties at the Site contaminating them with PCBs and lead. 
The junkyard accumulated a wide variety of surplus materials including 
asbestos, paint waste, and various liquid and solid wastes. Poor 
storage practices of these materials also resulted in site 
contamination.
    After an explosive fire on the junkyard property in July 1987, EPA 
conducted a Removal Action at the Site during 1988 and 1989. The most 
contaminated materials were removed, and the Site was fenced to prevent 
access. The Site was added to the NPL in May 1994.
    An Engineering Evaluation/Cost Assessment (EE/CA) was completed in 
December 1995. In January 1996, EPA held a public comment period on the 
six Non-Time-Critical Removal Action (Removal Action) cleanup 
alternatives in the EE/CA. The design for the Removal Action was 
completed in the summer of 1996, and the Removal Action took place from 
September to November 1996. EPA approved the Construction Report 
documenting the

[[Page 42416]]

completion of the Removal Action on June 26, 1997.

C. Characterization of Risk

    EPA conducted a risk assessment following the completion of the 
Removal Action. Concentrations of contaminants remaining in the soil at 
the Site were below State and Federal regulatory levels and risks for 
both current and future use were within acceptable levels as defined by 
the NCP.
    One of the three criteria for deletion specifies that EPA may 
delete a site when all appropriate responses under CERCLA have been 
implemented, and no further action by responsible parties is 
appropriate. EPA with concurrence from Ecology, believes that this 
criterion for deletion has been met. Subsequently, EPA is proposing 
deletion of this site from the NPL. Documentation supporting this 
action is available from the docket.

    Dated: July 25, 1997.
Charles E. Findley,
Acting Regional Administrator.
[FR Doc. 97-20583 Filed 8-6-97; 8:45 am]
BILLING CODE 6560-50-P