[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Proposed Rules]
[Pages 44545-44548]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20448]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1992-0007; FRL-9967-36-Region 10]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Vancouver Water Station #4 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notification of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 10 is issuing 
a Notice of Intent to Delete the Vancouver Water Station #4 
Contamination Superfund Site (Site) located in Vancouver, Washington, 
from the National Priorities List (NPL) and requests public comments on 
this proposed action. The NPL, promulgated pursuant to section 105 of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act (CERCLA) of 1980, as amended, is an appendix of the National Oil 
and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and 
the State of Washington, through the Department of Ecology have 
determined that all appropriate response actions under CERCLA, have 
been completed. However, this deletion does not preclude future actions 
under Superfund.

DATES: Comments must be received by October 25, 2017.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1992-0007 by one of the following methods:
    (1) http://www.regulations.gov. Follow on-line instructions for 
submitting comments.
    (2) Email: Laura Knudsen, Community Involvement Coordinator, at 
[email protected].
    (3) Mail: Laura Knudsen, U.S. EPA Region 10, 1200 Sixth Avenue, 
Suite 900, RAD-202-3, Seattle, Washington 98101.
    (4) Hand delivery: USEPA Region 10 Records Center, 1200 Sixth 
Avenue, Suite 900, Seattle, Washington. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1992-0007. EPA's policy is that all comments received will be included 
in the public

[[Page 44546]]

docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes information claimed to be Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Do not submit information that you consider to 
be CBI or otherwise protected through http://www.regulations.gov or 
email. The http://www.regulations.gov Web site is an ``anonymous 
access'' system, which means EPA will not know your identity or contact 
information unless you provide it in the body of your comment. If you 
send an email comment directly to EPA without going through http://www.regulations.gov, your email address will be automatically captured 
and included as part of the comment that is placed in the public docket 
and made available on the Internet. If you submit an electronic 
comment, EPA recommends that you include your name and other contact 
information in the body of your comment and with any disk or CD-ROM you 
submit. If EPA cannot read your comment due to technical difficulties 
and cannot contact you for clarification, EPA may not be able to 
consider your comment. Electronic files should avoid the use of special 
characters, any form of encryption, and be free of any defects or 
viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at:

    USEPA Region 10 Records Center, 1200 Sixth Avenue, Suite 900, 
Seattle, Washington, Monday through Friday, except Federal holidays, 
between 8:00 a.m. and 5:00 p.m.
    City of Vancouver Water Resources Education Center, 4600 SE 
Columbia Way, Vancouver, Washington, Monday through Friday, except 
holidays, between 9:00 a.m. and 5:00 p.m. and Saturday between noon and 
5:00 p.m., Phone: 360-487-7111.

FOR FURTHER INFORMATION CONTACT: Jeremy Jennings, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 10, ECL-122, 1200 
Sixth Avenue, Suite 900, Seattle, Washington 98101, 206-553-2724, email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    EPA Region 10 announces its intent to delete the Vancouver Water 
Station #4 Contamination Superfund 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 maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. Sites 
on the NPL may be the subject of remedial actions financed by the 
Hazardous Substance Superfund (Fund). As described in 40 CFR 
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible 
for Fund-financed remedial actions if future conditions warrant such 
actions.
    EPA will accept comments on the proposal to delete this Site for 
thirty (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 procedures that EPA is using 
for this action. Section IV discusses the Vancouver Water Station #4 
Contamination Superfund Site and demonstrates how it meets the deletion 
criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    (1) Responsible parties or other persons have implemented all 
appropriate response action required;
    (2) all appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    (3) the remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the State before developing this Notice of 
Intent to Delete.
    (2) EPA has provided the State 30 working days for review of this 
notice prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate.
    (4) The State of Washington, through the Department of Ecology, has 
concurred with deletion of the Site from the NPL.
    (5) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, a notice is being published in a major 
local newspaper, The Columbian. The newspaper notice announces the 30-
day public comment period concerning the Notice of Intent to Delete the 
Site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified previously.
    If comments are received within the 30-day public comment period on 
this document, EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. If necessary, EPA 
will prepare a Responsiveness Summary to address any significant public 
comments received. After the public comment period, if EPA determines 
it is still appropriate to delete the Site, the Regional Administrator 
will publish a final Notice of Deletion in the Federal

[[Page 44547]]

Register. Public notices, public submissions and copies of the 
Responsiveness Summary, if prepared, will be made available to 
interested parties and in the Site information repositories listed 
previously.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
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, should 
future conditions warrant such actions.

IV. Basis for Intended Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

Site Background and History

    The Vancouver Water Station #4 Contamination Superfund Site (EPA 
ID: WAD988475158) is a public water supply wellfield located 
approximately \1/2\ mile north of the Columbia River in the City of 
Vancouver, Clark County, Washington. Water Station #4 (WS4) has been 
owned by the City of Vancouver (City) and managed as part of their 
drinking water supply system for over 50 years. WS4 is approximately 
\1/2\ acre in size and includes six production wells, two air stripping 
towers and several support buildings. Groundwater is pumped from 
approximately 200 feet below ground surface and blended with water from 
several other wellfields to provide drinking water to approximately 
230,000 people in the Vancouver region.
    In 1988, pursuant to the Safe Drinking Water Act (SDWA), the City 
began monitoring volatile organic compounds (VOCs) in water supplied 
from all of its water stations. These tests showed tetrachloroethylene 
(PCE) at several WS4 wells at levels above the maximum contaminant 
level (MCL) established under the SDWA. The City notified the public 
and modified the pumping rates at individual wells so that PCE levels 
in the drinking water delivered to customers were consistently below 
the MCL. In January 1992, the City began operating an air stripping 
treatment system to further reduce PCE levels.
    On July 29, 1991, EPA proposed WS4 for listing on the NPL (56 FR 
35840). The NPL listing for the Site was finalized on October 14, 1992 
(59 FR 47180).
    The City continues to use the water from the WS4 production wells 
as part of their drinking water supply system.

Remedial Investigation and Feasibility Study (RI/FS)

    A baseline risk assessment completed by EPA quantified potential 
carcinogenic risks to future residents consuming untreated water ranged 
from 5E-6 to 2E-5 cancer risk (5 to 20 excess cancers in 1,000,000 
people) and non-cancer risk from a hazard index of 0.02 to 0.2. EPA 
found it was necessary to take action at WS4 because the groundwater 
had been shown to have persistent concentrations of PCE above the MCL.
    Starting in 1989, the City and EPA conducted several investigations 
into the source or sources of PCE at WS4 including sampling of private 
wells, nearby surface waters and industrial sumps; conducting soil gas 
surveys; and inspecting local dry cleaners and other places of business 
where PCE may have been used. In 1992, PCE concentrations suddenly 
increased, peaked at 520 [micro]g/L in 1993 and then decreased over the 
next several years. Although multiple potential sources of PCE (e.g., 
dry cleaners) were located, no source was identified as primarily 
responsible for the sustained high concentrations and for which any 
additional source control actions could be taken. EPA concluded that 
there was not an on-going source of PCE and there was a strong 
likelihood that an unidentified source was responsible for the elevated 
PCE levels.

Selected Remedy

    On September 1, 1999, the EPA issued a Record of Decision (ROD) for 
the Site. PCE was identified as the only Contaminant of Concern. 
Remedial Action Objectives were established to protect human health by 
reducing concentrations of PCE in the groundwater and drinking water to 
below the MCL (5.0 [micro]g/L).
    The selected remedy for the Site included pumping the production 
wells at a rate consistent with customer demand until such time as the 
PCE level in the groundwater at all production wells was below the MCL. 
The extracted water was to be treated using the air stripping towers 
and distributed to customers as drinking water. Monitoring of the 
quality of the groundwater at the production wells and the water 
following treatment was also required. Since no sources were identified 
and no other drinking water wells were located in the area, no source 
control actions or institutional controls were included.

Response Actions

    The City's production wells were used to pump contaminated 
groundwater, which was then treated in air stripping towers. This 
treatment system reduced PCE to nondetectable levels, so the water 
could then be delivered to customers for use as drinking water. This 
pump, treat, and delivery system began in 1992 and has operated 
continuously for 25 years. Throughout this period, the City monitored 
PCE concentrations in the aquifer, which declined gradually over time.
    The PCE levels in the groundwater at all wells are currently below 
the MCL. Thus, the remedial action objectives have been attained and 
the human health exposure pathways have been eliminated.
    A Preliminary Close Out Report documenting the completion of 
construction activities was signed by EPA on September 8, 1999. The 
Site was identified as ``Sitewide Ready for Anticipated Use'' on March 
11, 2014. A Final Close Out Report documenting completion of all 
remedial activities was signed by EPA on June 12, 2017.

Cleanup Levels

    The 1999 ROD requires treatment and monitoring until the PCE 
concentrations in groundwater at all production wells are below the 
MCL. As there have been no changes to the federal or state drinking 
water standards for PCE or changes in the toxicity factors for PCE 
since the ROD was issued, this cleanup level remains protective of 
human health and the environment.
    In June 2017 the EPA reviewed the monitoring data and found that 
PCE concentrations have been below the MCL since October 2011. Based on 
this evaluation, EPA determined that all remedial activities at the 
Site were complete and remedial action objectives have been achieved. 
All drinking water delivered from the wellfield must continue to meet 
the requirements of the SDWA.

Five-Year Review

    Three policy five-year reviews have been completed at the Site, the 
last one in September 2013.
    No issues or follow-up actions were identified as part of the 2013 
Five Year Review. The protectiveness statement stated that the remedy 
at Vancouver WS4 was ``protective of human health and the environment 
because the treatment system is functioning as intended and human and 
ecological risks are under control. Long-term protectiveness of the 
remedial action

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will be verified by regular monitoring by the City of Vancouver.''
    The analysis conducted since the last FYR indicates that the remedy 
has been fully implemented and the remedial action objectives and 
related cleanup levels have been attained. No hazardous substances, 
pollutants or contaminants remain above levels that could prevent 
unlimited use and unrestricted exposure. Therefore, no further five-
year reviews are required.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA Section 113(k), 42 U.S.C. 9613(k) and CERCLA Section 117, 42 
U.S.C. 9617. Throughout the remedial process, the EPA has kept the 
public informed of activities being conducted at the Site by way of 
informational meetings, fact sheets and public meetings.
    Documents in the deletion docket which the EPA relied on for the 
recommendation for deletion from the NPL are available to the public in 
the information repositories identified previously. A notice of 
availability of the Notice of Intent for Deletion has been published in 
The Columbian.

Determination That the Site Meets the Criteria for Deletion in the NCP

    The EPA, with concurrence of the State of Washington through the 
Department of Ecology, has determined that the implemented remedy 
achieves the degree of cleanup or protection specified in the ROD for 
all pathways of exposure. All selected remedial and removal action 
objectives and associated cleanup levels are consistent with agency 
policy and guidance. No further Superfund response is needed to protect 
human health and the environment.
    In accordance with 40 CFR 300.425(e), sites may be deleted from the 
NPL where all appropriate response actions have been implemented and 
where no further response is appropriate. Consistent with this, the EPA 
is proposing deletion of this Site from the NPL.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Authority:  33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., 
p. 193.

    Dated: August 25, 2017.
Sheryl Bilbrey,
Director--Region 10 Office of Environmental Cleanup.
[FR Doc. 2017-20448 Filed 9-22-17; 8:45 am]
BILLING CODE 6560-50-P