[Federal Register Volume 64, Number 164 (Wednesday, August 25, 1999)]
[Proposed Rules]
[Pages 46333-46335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21938]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6427-8]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete Northwest Transformer (Mission/Pole 
Road) 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 Northwest Transformer (Mission/Pole 
Road) Site in Whatcom County, 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 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 
September 24, 1999.

ADDRESSES: Comments may be mailed to: Timothy H. Brincefield, 
Environmental Protection Agency, 1200 Sixth Avenue, Mail Stop ECL-115, 
Seattle, WA 98101.
    Comprehensive information on this Site is available through the 
Region 10 public docket which is available for viewing at the NW 
Transformer (Mission/Pole Road). Site information repositories at the 
following locations:

Whatcom County Public Library, 5205 Northwest Road, Bellingham, 
Washington 98226-9092.
United States Environmental Protection Agency, Region 10, Office of 
Environmental Cleanup--Records Center, 1200 Sixth Avenue, Mail Stop 
ECL-076, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Timothy H. Brincefield, U.S. EPA 
Region 10, 1200 Sixth Avenue, Mail Stop ECL-115, Seattle, Washington 
98101, (206) 553-2100.

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 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 Northwest Transformer (Mission/Pole Road) 
Site (``Site'') located at the intersection of Mission and East Pole 
Roads in Whatcom County, Washington, from the NPL.
    EPA will accept comments on the plan to delete this Site for thirty 
days after publication of this notice 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 Northwest Transformer 
(Mission/Pole Road) 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 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 (Mission/Pole Road) Site, the Remedial Action for 
Soils achieved State and Federal cleanup levels, and remedial actions 
objectives and performance standards designed to allow for unrestricted 
use and unlimited exposure at this Site, however, because of concern 
about potential migration of PCBs in groundwater that might have been 
mobilized during the Remedial Action, EPA required at least one five-
year review pursuant to Section 121 (c) of SARA. That review has been 
completed, no contaminants of concern have ever been detected in 
groundwater off Site or on the perimeter of the Site, and all 
groundwater wells on Site have met cleanup goals for at least two years 
of monitoring.
    Due to the potential for the Site to be mined for gravel (similar 
to adjacent properties), and since small quantities of low level 
Polychlorinated Biphenyl (PCB) contamination is known to remain in 
soils (between 1 and 3 parts per million remain in a few places at 
depths below 15 feet), the periodic review also concluded that certain 
Institutional Controls established in the 1991 Consent Decree between 
the United States, the Site Owner and the former Owner/Operators, 
should be

[[Page 46334]]

maintained. EPA has confirmed that the required Institutional Controls 
are in place. EPA will conduct another periodic review within five 
years to ensure that the Institutional Controls remain in place and are 
functioning as designed.
    All appropriate actions under the Comprehensive Environmental 
Response, Compensation and Liability Act (CERCLA), as amended, have 
been implemented. No further response is appropriate. The Site requires 
no maintenance, however Institutional Controls have to be maintained.
    If new information becomes available that indicates a need for 
further action, EPA may require additional 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) The March 31, 1994, Preliminary Close Out Report and the 
July 27, 1999, Final Close Out Report document the achievement of 
cleanup goals and protectiveness of the Site; (2) The Washington 
Department Of Ecology (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 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 information purposes to assist EPA 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 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 
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 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 Northwest Transformer (Mission/Pole Road) Superfund Site was a 
former transformer manufacturing, service and reclamation facility 
located on a 1.6 acre property at the intersection of Mission and East 
Pole Roads, in Whatcom County, just South of Everson Washington.

B. History

    The Site was placed on the United States Environmental Protection 
Agency (EPA) National Priorities List (NPL) in 1984 under the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) based upon evidence of the release of PCBs to the environment. 
In May 1985, EPA initiated an Immediate Removal Action (IRM) at the 
Site, which included removal of PCB-contaminated soil, debris, and 
liquids, and installation of groundwater monitoring wells. A Remedial 
Investigation/Feasibility Study (RI/FS) characterized contamination 
remaining at the Site and recommended thermal destruction of PCBs in 
soils contaminated with greater than 10 milligrams per kilogram (mg/
kg)/parts per million (ppm) PCBs (HDR 1988a; HDR 1988b). In September 
1989, EPA issued a Record of Decision (ROD) for a Remedial Action (RA; 
EPA 1989). The selected remedy included excavation, consolidation, and 
treatment via in-situ vitrification (ISV) of approximately 1,200 cubic 
yards of soil contaminated with greater than 10 ppm (mg/kg) PCBs; 
placement of a two-foot thick clean soil cover; abandonment of an on-
Site well; sampling of on-Site wood structures; and implementation of a 
groundwater monitoring program (GWMP).
    Subsequent to the 1989 ROD, an ISV pilot test demonstrated that, 
although effective, the ISV technology would cost significantly more 
than originally anticipated. Furthermore, additional sampling indicated 
that the volume of soil contaminated by greater than 10 ppm PCBs was 
significantly less than originally estimated. Based upon these factors, 
and the lack of availability of a full-scale ISV unit, EPA issued a 
Proposed Plan to modify the Site remedy. In September 1991, EPA issued 
an Amended ROD, selecting a remedy which included off-Site incineration 
of soils contaminated with greater than 50 ppm PCBs, off-Site 
landfilling of soils contaminated with between 1 ppm and 50 ppm PCBs, 
demolition of the barn and off-Site disposal of barn debris, placement 
of a two-foot thick clean soil cover, and possible institutional 
controls (EPA 1991). Based upon the non-detection of PCBs in 
groundwater samples collected from both on-Site and off-Site wells 
immediately prior to the issuance of the Amended ROD, EPA determined 
that no remedial action for groundwater would be necessary, subject to 
completion of the GWMP and evaluation of its results.
    The RA was completed in 1993-1994 as documented in the December 30, 
1994 Remedial Action Completion report and July 27, 1999 Five Year 
Review and Final Close Out Reports. The Site soil RA activities, 
including remediation of the localized PCB ``hot spot'' discovered at 
depth in the former seepage pit area, were conducted in a manner that 
achieved the EPA and Washington State Department of Ecology (Ecology) 
performance standards for a non-conditional Site cleanup, using the 1 
ppm PCB cleanup level for soil above the 15-ft compliance depth and the 
less than 10 ppm PCB cleanup level for soil below the 15-ft compliance 
depth.
    Groundwater monitoring at the Site has been conducted both prior to 
and during RA activities (Phase 1), and following completion of RA 
activities (Phase 2). The GWMP included sampling from a total of 27 
wells (10 onsite monitoring wells and 17 offsite groundwater supply 
wells in the vicinity of the Site). No PCBs were detected in any of the 
offsite groundwater supply wells or any of the 8 groundwater monitoring 
wells located along the perimeter of the Site. In sampling prior to 
1997, PCBs were detected in one shallow on-Site monitoring well (well 
NWT-7S, located just north/downgradient of the former seepage pit 
area). PCBs concentrations in groundwater samples collected from well 
NWT-7S sometimes exceeded the maximum contaminant level (MCL) for PCBs 
in drinking water of 0.5 micrograms per liter (ug/L). The most recent 
groundwater sampling data (from the last two sampling events), however, 
indicates a lowering of the potential risk posed by the residual low-
level PCBs remaining at depth near the former seepage pit area, 
including the attainment of two consecutive groundwater sampling 
results below the State cleanup level based on the practical 
quantitation limits (0.25 ug/L as specified in the ROD) and the 0.5 ug/
L MCL for onsite wells as set forth by

[[Page 46335]]

the plan for the post-RA groundwater monitoring.

C. Characterization of Risk

    Prior to cleanup, the environmental pathway of concern was 
potential direct contact with PCBs in soils. The estimated pre-
remediation Site-specific potential cancer risk for soils ranged from 5 
in 100,000 (5 x 10-5) to 2 in 10,000 (2 x 10-4).
    The remedial action for soils was initiated in 1993 and completed 
in 1994 with removal and off-Site disposal of all contamination in 
excess of State and Federal standards and Site-specific cleanup goals. 
Current Site risk from exposure to soils is below 1 x 10-6, 
and the surface and shallow soils on Site are safe for unlimited use 
and unrestricted exposure.
    Due to the possibility of deep excavation on Site in the future, 
the Institutional Controls on soils established in the 1991 Consent 
Decree between the United States and the Site owners are being 
maintained with slight modifications. In the event of excavation of 
soils below 15 feet, some low levels of residual contamination could be 
encountered (some soils with 1-3 parts per million PCBs remain at 
depth). Prior to any excavation below 15 feet, Ecology must be notified 
and proper precautions must be taken to protect worker health and 
safety and to prevent spread of any residual contamination that could 
pose a risk to human health or the environment risk.
    Though at the time of the ROD no groundwater contamination had been 
identified, further groundwater monitoring was required to determine if 
there was any risk from potential ingestion of contaminated groundwater 
in the event groundwater contamination migrated off Site to 
downgradient water supply wells, or in the event water supply wells 
were installed on Site in the area of the old seepage pit. No 
groundwater contamination has ever been detected in wells off Site or 
around the perimeter of the Site. During Remedial Design and for a time 
subsequent to the Remedial Action for soils, groundwater monitoring 
results from one well in the center of the Site showed evidence of 
contamination slightly in excess of the Federal MCL and State practical 
quantitation limit (PQL) for PCBs in groundwater. Analytical data from 
the last two rounds of monitoring have confirmed that even that one 
well is below the Federal MCL and State PQL such that no remedial 
action or further monitoring is necessary. The on-Site wells will be 
abandoned in accordance with State requirements. To ensure against 
future exposure to potential contamination, the groundwater 
Institutional Controls established in the 1991 Consent Decree calling 
for notification of EPA prior to use of groundwater from the Site are 
being maintained and augmented by a requirement to test the groundwater 
for PCBs and provide the results to EPA.
    With the implementation and completion of all remedial activities, 
the Site poses no further threat to human health and the environment. 
There are no further operation and maintenance activities to be 
performed at the Site, however Institutional Controls must be 
maintained.

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 Whatcom County Public Library (originally at the Branch on 
Kirsch Road in Everson, subsequently moved by the Library to their 
regional document center in Bellingham) and in the EPA Regional Office 
in Seattle. Fact sheets were distributed periodically before, during, 
and after cleanup. Proposed cleanup plans were issued in 1989 (for the 
original ROD) and 1991 (for the Amended ROD). The draft Five Year 
review was shared with the Everson City Council and Public Works 
Department in 1998 and the Final Five Year Review is being issued in 
August, 1999.
    A copy of the Deletion Docket can be reviewed by the public at the 
Whatcom County Public Library, or the EPA Region 10 Superfund Records 
Center. The Deletion Docket includes this Notice, the ROD, Amended ROD, 
Remedial Action Completion Report, Five Year Review, 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 Ecology, believes that this criterion for deletion 
has been met. Groundwater 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: August 18, 1999.
Charles Clarke,
Regional Administrator, Region 10.
[FR Doc. 99-21938 Filed 8-24-99; 8:45 am]
BILLING CODE 6560-50-P