[Federal Register Volume 64, Number 168 (Tuesday, August 31, 1999)]
[Proposed Rules]
[Pages 47478-47481]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22632]



[[Page 47478]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6430-8]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete Joseph Forest Products 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 Joseph Forest Products (JFP) Site in 
Wallowa County, Oregon 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 Oregon Department of Environmental Quality (ODEQ) 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 30, 1999.

ADDRESSES: Comments may be mailed to Chip Humphrey, Environmental 
Protection Agency, 811 SW Sixth Avenue, Portland, Oregon 97204.
    Comprehensive information on this Site is available through the 
Region 10 public docket which is available for viewing at the JFP Site 
information repositories at the following locations:

Wallowa County Planning Department, County Courthouse, Enterprise, 
Oregon 97828; or
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: Chip Humphrey, U.S. EPA Region 10, 811 
SW Sixth Avenue, Portland, Oregon 97204, (503) 326-2678.

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 Joseph Forest Products Site (``Site''), located on 
Russell Lane approximately \3/4\ mile northwest of the City of Joseph 
in Wallowa County, Oregon, 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 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 JFP 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. 
The first five-year review of the Site was completed in September 1998 
in accordance with section 121 (c) of SARA. EPA concluded that the 
Joseph Forest Products Site remains protective of the human health and 
the environment. 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 Oregon Department 
of Environmental Quality (ODEQ) 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 
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 Joseph Forest Products (JFP) Superfund Site is located on 
Russell Lane about \3/4\ mile northwest of the City

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of Joseph, in Wallowa County, Oregon. The Site is approximately 18 
acres and encompasses an inactive wood-treating facility located at the 
site of a former lumber mill. The property is bounded by Russell Lane 
to the north, and is bordered by property owned by the Clifford C. 
Hinkley Estate on the east, Sequoia Forest Products to the south, and 
by the Joseph Airport to the west.
    The Site is located within the City of Enterprise Watershed 
Protection Area. Two developed springs, located approximately 4,000 
feet north of the JFP Site, supply municipal water to the City of 
Enterprise (population 2,121). The Wallowa River flows within 400 feet 
of the Site at its closest point on the eastern side.

B. History

    The Joseph Forest Products Site was a former wood treatment 
facility which operated at this location from 1974 to 1985, using a 
vacuum-pressure (retort) treatment process. JFP used a water-based 
chromated copper arsenate preservative. Process wastes, including wood 
chips, sludge and other materials remaining in the retort, were 
periodically removed and placed in a cement pit adjacent to the east 
side of the treatment building.
    The treatment building and surrounding buildings were destroyed by 
a fire in 1974. An estimated 200 gallons of concentrated treatment 
paste and approximately 3,000 gallons of treatment solution in the 
storage tank were lost. It is assumed that the material was washed onto 
nearby soil during fire fighting operations. JFP did not resume 
treatment operations until late 1977.
    The Oregon DEQ issued JFP a Notice of Violation for unauthorized 
disposal and storage of hazardous waste in 1985. JFP responded by 
removing empty containers and arranging for disposal of chemical wastes 
from the Site. The company filed for bankruptcy and ceased operations 
in 1985. By late 1985, it had become apparent that JFP's insolvency 
would prevent any further corrective actions on the part of JFP.
    An EPA site inspection was conducted from September 1985 through 
April 1986. Field activities during the SI included installation of 
monitoring wells and collection of samples of soil, surface water, and 
groundwater. Water level measurements from groundwater monitoring wells 
installed at the Site indicated a moderate gradient toward to the 
northeast in the shallow surficial aquifer. The principal contamination 
of concern identified in the SI was elevated levels of metals, 
primarily arsenic, chromium, and copper, in soils at the Site. In 
addition, the SI results indicated detectable levels of total metals in 
some groundwater and surface water samples. As a result of the SI and 
the subsequent HRS score, the JFP Site was nominated to the NPL.
    The Joseph Forest Products Site was placed on the National 
Priorities List (NPL) in 1989. ICF Technology, an EPA contractor, was 
issued a work assignment by EPA to conduct a remedial investigation/
feasibility study (RI/FS) of the Site in January 1990. The RI field 
investigation located and characterized highly contaminated soils in 
the treatment building and drip pad areas of the Site. The following 
summarizes the range (low-high) of soil contaminant concentrations (mg/
kg) for the contaminants of concern from the first phase of the RI:

                                   Phase 1 RI Soil Contaminant Concentrations
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                              Area                                    Arsenic        Chromium         Copper
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Treatment Building..............................................     641-104,000      412-46,100      405-33,300
Drip Pad Area...................................................       26-23,200       33-16,200       68-18,700
Storage Areas...................................................           6-661          14-781          33-825
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    Based on the results of the first phase of RI activities, a removal 
action was carried out by the EPA Emergency Response Contractor in 
October and November 1991. EPA determined that the removal action was 
necessary because the highly contaminated soils posed a threat to 
groundwater. Approximately 1,068 tons of highly contaminated soils 
adjacent to the treatment building and drip pad were excavated and 
transported to the ESI hazardous waste disposal facility in Idaho for 
disposal. Security fencing was also installed around the treatment 
building to prevent access. During the excavation it was determined 
that the treatment building foundation and soil beneath the building 
were also contaminated, and that the contaminated material could not be 
removed without demolishing the treatment building.
    ICF Technology, the EPA contractor, collected and analyzed post-
removal data for soils in the drip pad area, and completed the 
characterization of contamination at the treatment building, the lumber 
storage areas, and lumber drying building. Although a significant 
reduction in the volume of highly contaminated soil in the treatment 
building/drip pad areas was achieved during the removal action in the 
fall of 1991, highly contaminated soil (similar to pre-removal maximum 
values) remained where the soil was not removed. The contractor also 
performed quarterly monitoring of the monitor wells, on-site spring, 
and City of Enterprise water supply springs. Groundwater monitoring was 
performed in October 1990; January, April, and September 1991; and 
April 1992. Results for the October 1990 sampling event showed that 
monitoring well MW2, which is located directly downstream and adjacent 
to the treatment building location, showed levels of arsenic (82 ug/l 
and 168 ug/l for the sample and the sample duplicate, respectively) 
above the Safe Drinking Water Act Maximum Contaminant Level (MCL). 
Three on-site monitoring wells also showed total chromium levels 
slightly above the MCL. Results for the other sampling events showed 
very low but detectable levels of metals (below the MCL) for all of the 
on-site and off-site monitoring wells. There has been no evidence of 
contamination of the City of Enterprise's water supply.
    The risk assessment indicated a potential risk of exposure by 
ingestion of soil and groundwater under current and future use 
scenarios. The greatest potential risk at the Site was due to 
carcinogenic and noncarcinogenic effects from ingestion of contaminated 
soils. Arsenic was the contaminant posing the greatest health risk.
    The RI/FS were completed in September 1992. EPA issued a Proposed 
Plan describing the preferred alternative for Site cleanup in August 
1992.
    EPA issued a ROD on September 30, 1992 which selected the following 
remedy:
     Excavation of contaminated surface and subsurface soil to 
specified cleanup levels, demolition of the treatment building, 
decontamination of the drip pad and treatment equipment, and off-site 
disposal of soils and debris.

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     Excavation of abandoned Underground Storage Tanks (USTs), 
decontamination of the tanks if any residuals are present, and 
transport of the tanks off-site for disposal or salvage as scrap metal. 
Contaminated soil would be excavated and disposed off-site.
     Removal of asbestos from the abandoned wood drying 
building and off-site disposal in a trench meeting regulatory 
requirements for asbestos waste disposal.
     Use of institutional controls such as deed restrictions, 
or use of an environmental notice to ensure appropriate consideration 
of Site conditions in future land use decisions.
     Implement a groundwater monitoring program to verify that 
contaminant levels in all wells and the City of Enterprise water supply 
allow for unlimited use.
    The selected remedy eliminates the principal threat posed by the 
conditions at the Site by reducing the potential for human exposure to 
high concentrations of metals detected in the Site soils.
    Based on the nature of the cleanup and EPA's desire to complete the 
remedy prior to the early summer high groundwater season, EPA decided 
to complete the remedy through a Removal Action. EPA executed an 
Interagency Agreement with the US Army Corps of Engineers (USACE) to 
carry out the remedy and a Final Project Work Plan was completed in 
February 1993. The JFP Site Removal Action was initiated on March 31, 
1993. The removal action was carried out by OHM Remediation Services 
under a contract with the Corps of Engineers.
    Demolition of the treatment building began on April 1, 1993. The 
wooden structure was completely removed and shredded and internal tanks 
were relocated to a staging area for cleaning. Contaminated pipes and 
pump equipment were stockpiled for disposal. The concrete slab and sump 
were broken and removed to a stockpile area.
    The mixing tank, solution holding tank and retort vessel from the 
treatment building were cleaned using a vacublast system. The system 
used an aluminum oxide grit that was applied under pressure to the 
contaminated surface and collected the contaminated grit. After 
cleaning, the tanks were inspected and picked up by a local scrap 
dealer for recycling. Decontamination of the drip pad was also 
completed using the vacublast equipment.
    Asbestos fabric removal was completed and a penetrating encapsulant 
was applied to the walls of the lumber drying building by a licensed 
asbestos subcontractor. The underground storage tanks were removed and 
disposal was completed in accordance with state requirements.
    Excavation, off-site disposal of contaminated soils and debris, and 
backfilling with clean fill was completed on May 9, 1993. A total of 
1,642 tons of soil and debris was disposed at the ESI hazardous waste 
disposal facility and 4,801 tons of contaminated soil and debris was 
disposed at the Finley Buttes special waste landfill in Oregon.

C. Characterization of Risk

    Prior to cleanup, the preliminary environmental pathways of concern 
were potential direct contact with contaminated soil and debris and 
potential ingestion of contaminated ground water. The arsenic and 
chromium contamination in the Site soils were associated with an excess 
lifetime cancer risk of approximately 5  x  10 -3. The risk assessment 
estimated a Hazard Index value of 82 for noncancer health effects for 
the highly contaminated soil in the treatment building area. Cleanup 
standards for the Site were developed based on risk-based remedial 
action objectives in the ROD. EPA selected cleanup goals of 36 mg/kg 
arsenic for surface soil and 336 mg/kg arsenic for subsurface (greater 
than 2 ft. depth) soil. EPA selected the more stringent cleanup level 
for surface soil because this is where the greatest potential for human 
contact exists. It is also approximately equal to the 1 * 10 -4 risk 
level assuming future residential scenarios and, although the current 
zoning is for industrial use, there are residents located near the 
Site. The ROD also established chromium and copper cleanup levels of 
1,351 mg/kg and 10,000 mg/kg, respectively, associated with Hazard 
Index of 1.
    The remedial action objectives for groundwater protection were to 
prevent migration of arsenic and chromium from soil resulting in 
groundwater concentrations above MCLs. The MCLs are 50 ug/l for arsenic 
and 100 ug/l for chromium. The soil cleanup meets the objectives for 
groundwater protection by removing the source of contamination.
    Confirmatory soil sampling verifies that the Site has achieved the 
ROD cleanup objective, that arsenic has been removed to levels below 36 
mg/kg for surface soil and 336 mg/kg for subsurface soil and that 
chromium and copper have been removed to levels below 1,351 mg/kg and 
10,000 mg/kg, respectively for both surface and subsurface soil. The 
ROD required that the existing monitoring network of wells and springs 
be sampled semi-annually for a period of two years following completion 
of the remedial action. The primary purpose of the monitoring was to 
verify that the City's water supply has been adequately protected. The 
results from samples collected by EPA and DEQ since the cleanup was 
completed have shown that none of the monitoring well locations or 
springs have measured levels of metal concentrations above the MCLs for 
either total or dissolved metals. The ROD also provided that monitoring 
results be evaluated after two years to determine whether monitoring 
should be continued. DEQ completed the final round of groundwater and 
surface water sampling in 1996. EPA and DEQ subsequently determined 
that the groundwater and surface water monitoring required by the ROD 
has been completed and no further monitoring will be required.
    All cleanup actions specified in the ROD have been implemented. 
Furthermore, EPA has removed all other contamination detected to 
acceptable risk levels. Confirmatory groundwater sampling and 
backfilling the Site with clean soil provide further assurance that the 
Site no longer poses any threats to human health or the environment. 
Removal of contaminated soil and debris has eliminated direct contact 
as a potential route of exposure and removed the source of ground-water 
contamination.
    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 
abandoning of monitoring wells, there are no other operation and 
maintenance activities to be performed at the Site.
    The ROD required institutional controls such as deed restrictions, 
or use of an environmental notice to ensure appropriate consideration 
of Site conditions in future land use decisions. EPA reviewed a copy of 
the warranty deed to confirm that it includes the environmental notice, 
and provides for EPA and DEQ access for cleanup activities, including 
water sampling and testing, and monitor well abandonment. EPA believes 
that the institutional controls as stated in the ROD and as implemented 
are protective.
    EPA conducted a five-year review of the Site in September, 1998. 
The review included a visual inspection of the Site and review of the 
institutional controls. EPA determined that the Site remains protective 
of human health and the environment.

D. Public Participation

    EPA conducted meetings and interviews with local officials and 
other

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members of the community in April 1990, and published the Community 
Relations Plan for the Site in June 1990. EPA also established a 
mailing list for distribution of fact sheets and other information 
updating Site activities. An information repository, which included the 
administrative record for the Site, was established at the Wallowa 
County Planning Department to make information about the Site available 
for public review. EPA attended Enterprise City Council meetings during 
the investigation and cleanup to provide updates on planning and 
construction activities.
    A public comment period was held from August 17, 1992 to September 
16, 1992 on EPA's proposed remedial action and other alternatives. No 
comments were received and no public hearings were requested.
    A copy of the Deletion Docket can be reviewed by the public at the 
Wallowa County Planning Department, or the EPA Region 10 Superfund 
Records Center. The Deletion Docket includes this Notice, the Removal 
Action Memos, the 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 ``all appropriate Fund-financed responses 
under CERCLA have been implemented, and no further action by 
responsible parties is appropriate.'' EPA, with the concurrence of 
ODEQ, believes that this criterion for deletion has been met. Soil and 
groundwater 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 24, 1999.
Charles E. Findley,
Acting Regional Administrator, Region 10.
[FR Doc. 99-22632 Filed 8-30-99; 8:45 am]
BILLING CODE 6560-50-P