[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Proposed Rules]
[Pages 32468-32471]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15274]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6360-5]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete Old Inland Pit NPL 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 Old Inland Pit NPL 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 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 July 
19, 1999.

ADDRESSES: Comments may be mailed to: Beverly Gaines, Environmental 
Protection Agency, 1200 Sixth Avenue, Mail Stop, ECL-110, Seattle, 
Washington 98101.
    Comprehensive information on this Site is available through Ecology 
which is available for viewing at the Old Inland Pit Site information 
repositories at the following locations:

Washington Department of Ecology, Eastern Regional Office, 4601 North 
Monroe Street, Suite 202, Spokane, WA 99205-1295.
Spokane Public Library, 12004 E. Main Avenue, Spokane, WA 99205-5193.
    The deletion docket for the deletion of the Old Inland Pit Site is 
available through EPA at the following locations: U.S. Environmental 
Protection Agency, Region 10, 1200 Sixth Avenue, Superfund Records 
Center, Seattle, WA 98101.

FOR FURTHER INFORMATION CONTACT: Beverly Gaines, U.S. EPA Region 10, 
1200 Sixth Avenue, Mail Stop, ECL-110, Seattle, Washington 98101, (206) 
553-1066.

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 Old Inland Pit Site (``Site'') at 3500 N. Sullivan 
Road, Spokane, Washington, 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 
identifies sites on the NPL that appear to present a significant risk 
to human health or the environment. The Old Inland Pit Site does not 
present a significant threat 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 federal Fund-financed remedial actions or state 
action under the Model Toxics Control Act (MTCA) in the unlikely event 
that conditions at the site warrant such actions.
    EPA plans to delete the Old Inland Pit Site (``Site'') at 3500 N. 
Sullivan Road, Spokane, Washington, 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 Old Inland Pit Site and 
explains how the Site meets the 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

[[Page 32469]]

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 after the initiation of the remedial action at the site to ensure 
that the site remains protective of human health and the environment. 
In the case of the Old Inland Pit Site, a five year review is not 
required at this site under CERCLA because no hazardous substances 
remain on site above appropriate cleanup levels, and no conditional 
points of compliance have been established. Whenever there is a 
significant release from a site deleted from the NPL, the site may be 
restored to the NPL without application of the Hazard Ranking system.

III. Deletion Procedures

    The following procedures have been used for the intended deletion 
of this Site:
    (1) Ecology has issued a Final Closeout Report (FCOR) which 
documented the completion of all appropriate remedial activities; (2) 
Ecology has issued a letter certifying that no further remedial action 
is expected and that the remedy is protective of human health and the 
environment; (3) EPA has concurred with Ecology's finding that the 
remedy is protective of human health and the environment; (4) Ecology 
has concurred with the proposed deletion decision; (5) A notice has 
been published in the local newspaper and 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, (6) 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 in 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, 40 CFR 300.425(e) (3) states 
that deletion of a site from the NPL does not preclude eligibility for 
future Federal Fund-financed response actions or future actions under 
the state's MTCA.
    EPA's Regional Office will accept and evaluate public comments on 
the 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 
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 placed in the local 
repositories and made available to local residents by the Regional 
Office.

IV. Basis of Intended Site Deletion

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

A. Site Background

    The ten-acre Old Inland Pit was operated by Inland Asphalt as a 
sand and gravel source from 1969 to 1978. Materials were excavated to a 
depth of 35 to 50 feet below ground surface. Spokane Steel Foundry 
Company (SSFC), located just east of the pit, disposed of waste foundry 
sands and baghouse dust from May 1978 to May 1983. The sands were from 
metal molding operations, and the baghouse dust was generated from sand 
sieving, sandblasting operations, and the residue of electric arc 
furnaces. Approximately 200 tons of baghouse dust was thought to have 
been disposed of in the pit. Foundry sand disposal continued until 
1986. In addition to the foundry dusts, permission was also given to 
Inland Asphalt and Central Premix to dispose of construction debris, 
and to Quarry Tile Company for disposal of broken decorative clay 
tiles. Combined dumping from all sources raised the bottom level of the 
pit to a uniform 35 feet below ground surface.
    Concerns that the baghouse dust was potentially a hazardous waste 
first arose in 1981. In May 1983, Ecology collected four baghouse dust 
samples from the SSFC plant baghouses for waste classification. Two 
samples were from the sandblasting/sand sieving operations, and two 
were from the electric arc furnaces. All materials passed the EP 
Toxicity test, but the furnace dusts failed the Static Basic Acute Fish 
Toxicity test (fish bioassay) and were classified as state-only 
dangerous waste under the authority of WAC 173-303. The foundry sands 
from the sieving/abrader operations were not classified as dangerous 
waste.
    In August 1984, Ecology & Environment (E&E) conducted a Preliminary 
Site Assessment (PSA) for the Environmental Protection Agency (EPA), 
which consisted of interviews with SSFC personnel, a site visit, and 
soil sampling. PSAs are done to estimate threats posed by sites to 
human health and the environment. Samples were analyzed for inorganics, 
pesticides, and volatile and semi-volatile organics; elevated 
concentrations of copper, zinc, nickel, and chromium were detected. The 
results of the PSA were used to complete a Hazard Ranking System (HRS) 
scoring. The site scored 29.45, high enough to be nominated to the 
National Priorities List (NPL) in 1986. The nomination was finalized in 
February of 1990.
    In July 1986, Reed Corporation was contracted by CH&E Investments 
to assess the data gathered during the PSA, collect data to confirm 
those samples, and provide additional site characteristics. E&E 
collected additional soil and dust samples for the EPA in late 1988 to 
assess the distribution and concentration of potential contaminants on 
the site. Both sample sets were analyzed for inorganics, organics, and 
pesticides.
    E&E, under contract to Ecology, collected additional soil samples 
and installed four groundwater monitoring wells in May of 1991. 
Groundwater samples were collected from these wells in May 1991 and 
April 1993. Those groundwater samples and the splitspoon samples 
collected during well installation were analyzed for the same groups of 
analyses as previous samples.
    On April 20, 1995, the PLPs entered into an Agreed Order with 
Ecology after public notice and opportunity to comment. Dames & Moore 
began site investigation on behalf of the PLPs. Further soil sampling 
was performed. Groundwater samples were taken in January 1995, March 
1996, June 1996, and September 1996. Additional dust samples were also 
collected from the pit floor in September 1995 for a second fish 
bioassay test. Those test results indicated the material would no 
longer be characterized as a state dangerous waste, likely due to the 
difference in sampling location. The complete history of site 
investigations and sampling results is presented in the Final Phase I 
Remedial Investigation (RI) (Dames & Moore, 1998).

[[Page 32470]]

B. Conclusions of Studies Conducted at the Site

    The RI was completed by Dames & Moore, contractors to CH&E 
Investments, in August of 1998. The conclusions reached by the studies 
are summarized below:
     The site is located in an historically industrial area, 
with current and future use expected to continue as such;
     Approximately 200 tons of furnace baghouse dust was 
disposed of during a five-year period, mainly in the northeast and 
south central sections of the pit;
     Fish bioassay testing initially designated the furnace 
dust as a state-only dangerous waste, but repeat testing has shown that 
the waste no longer classifies as such;
     Contaminants of potential concern in soils were 
inorganics, especially arsenic, chromium, zinc, and aluminum. These 
were all detected at levels below applicable cleanup standards. 
Groundwater has not been affected by waste disposal practices at the 
Site.
    The site overlies the Spokane Valley-Rathdrum Prairie Aquifer, the 
sole source of water for the greater Spokane area. Groundwater at the 
site is about 65 to 70 feet below ground surface, and flows from the 
northeast to the southwest towards the Spokane River. Materials at 
depth and near the surface are comprised of native sands and gravels. 
The surficial soils are a mixture of native deposits and backfilled 
material, including the foundry sands and baghouse dust.
    Method C Industrial Soil Cleanup Levels, specified in the 
Washington State Model Toxics Control Act (MTCA), were used since the 
site and the surrounding properties will remain industrial. Method C 
Industrial cleanup levels are protective of exposures at a cancer risk 
of 1x10-6 an a hazard index of 1. The highest possible use 
of groundwater is drinking water, so Method B Groundwater cleanup 
levels were applied. Method B cleanup levels are also protective of 
exposures at a cancer risk of 1x10-6 and a hazard index of 
1. The concentrations of inorganics in both groundwater and soil are 
below their respective risk-based cleanup levels. Details of cleanup 
level development are presented in the Cleanup Action Plan issued by 
Ecology on January 20, 1999.

C. Remedial Construction Activities

    Since there are no contaminants exceeding cleanup levels, no 
contamination of groundwater, and minimal risks from hazardous 
materials remaining on site, the Cleanup Action Plan required no 
remedial activities. MTCA requires that where Method C Industrial Soil 
Cleanup Levels are used, a restrictive convenant must be placed with 
the deed. A restrictive convenant was placed with this property for 
that purpose, with the following restrictions: industrial use only, no 
withdrawal of water, maintenance of fences and locked gates, and no 
actions that may facilitate a release or create an exposure pathway.

D. Characterization of Risk

    The site is located in an industrially-zoned area, surrounded by 
properties all currently used in an industrial capacity. Future use of 
the site and the surrounding properties is expected to remain similar 
to current usage. Therefore, no residential or commercial exposure 
scenarios are anticipated.
    Contaminants of potential concern at the site include metals and 
non-metallic elements such as aluminum, copper, zinc, iron, arsenic, 
and magnesium. These elements are present in varying concentrations in 
the soils on-site. Vegetation in the form of weeds and grasses covers 
most of the soil surface limiting the potential for windblown soil 
transport.
    A direct contact pathway exists between people and surface soils. 
Although a fence surrounds the site restricting access, future workers 
have the potential to be in direct contact with soils down to a depth 
of 15 feet. WAC 173-340-740(6)(c) specifies that 15 feet is a 
``reasonable estimate of the depth of soil that could be excavated and 
distributed at the soil surface as a result of site development 
activities.'' A deed restriction will alert future owners on 
restrictions on land use or development and risks associated with these 
activities.
    Groundwater below the site has the potential to be affected by 
downward filtration of surface water through contaminated soils. 
However, sampling indicates that groundwater has not been contaminated 
and that leaching is not occurring. Therefore, the potential for 
ingestion of contaminated water due to site materials is unlikely.
    Surface water is channeled to the pit floor where it percolates 
downward. Due to the nature of the soils, precipitation does not pond 
on or run off the surface. Transport of contaminated soils off-site via 
surface water is unlikely due to these features. Contact with 
temporarily ponded surface waters might happen during an extended 
precipitation event. Surface waters are not a permanent site feature, 
thus it represents an insignificant pathway.

E. Compliance Monitoring

    According to MTCA, compliance monitoring is required for all 
cleanup actions. Compliance monitoring shall take place at the site to 
ensure that residual contaminants in site soils do not move or affect 
other site media. The compliance monitoring plan will consist of one 
year of groundwater sampling of wells MW-1 and MW-4 to confirm that 
aquifer remains unaffected by residual metals in site soils. Water 
samples will be collected quarterly beginning in February 1999 and 
tested for eight metals that were detected in previous groundwater 
sampling. Samples will be collected and analyzed using the same 
standard EPA methods as prior sampling, with similar techniques and QA/
QC procedures. After one year, the data will be reviewed by Ecology to 
determine if compliance monitoring should continue.

F. Five-Year Review

    A five-year review is not required at this site under MTCA or 
CERCLA because no hazardous substances remain on site above appropriate 
cleanup levels, and no conditional points of compliance have been 
established. Additional details on the compliance monitoring plan can 
be found in the Cleanup Action Plan.

G. Public Participation

    Community input has been sought by Ecology throughout the cleanup 
process for the site. Community relations activities have included 
several public notices in local newspapers and routine publication of 
progress fact sheets. A copy of the Deletion Docket can be reviewed by 
the public at the EPA, Region 10 Superfund Records Center. The Deletion 
Docket includes this document, the CAP, and the Final Closeout Report. 
Comprehensive Site files are available for review at the Spokane Public 
Library, 12004 E. Main Avenue, Spokane, WA 99205-5193, and the 
Washington Department of Ecology, Eastern Regional Office, 4601 North 
Monroe, Suite 202, Spokane, WA 99205-1295. EPA Region 10 will also 
announce the availability of the Deletion Docket for public review in a 
local newspaper and informational fact sheet.

H. Applicable Deletion Criteria

    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 Ecology, has determined that this criteria for 
deletion has been met. EPA and Ecology

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believe that no significant threat to human health or the environment 
remains because pathways of concern for exposure to contaminants no 
longer exist. If new information comes available that indicates that 
there is a significant threat to human health or the environment then 
EPA or Ecology can require or conduct additional remedial action, if 
appropriate. Subsequently, EPA is proposing deletion of this site from 
the NPL. Documents supporting this action are available from the 
docket.

    Dated: June 7, 1999.
Chuck Clarke,
Regional Administrator, Region 10.
[FR Doc. 99-15274 Filed 6-16-99; 8:45 am]
BILLING CODE 6560-50-P