[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Proposed Rules]
[Pages 44548-44551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20449]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1994-0009; FRL-9967-38-Region 10]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Vancouver Water Station #1 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

[[Page 44549]]


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 #1 
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-1994-0009, 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-
1994-0009. EPA's policy is that all comments received will be included 
in the public 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 #1 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 #1 
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 actions 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

[[Page 44550]]

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 Director of EPA's 
Region 10 Office of Environmental Cleanup will publish a final Notice 
of Deletion in the Federal 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 #1 Contamination Superfund Site (EPA 
ID: WAD988519708) is located within Waterworks Park near the center of 
the City of Vancouver, Clark County, Washington. Water Station #1 (WS1) 
is a public water supply wellfield made up of ten groundwater 
production wells, five air-stripping towers and a holding reservoir. 
Water from WS1 is blended with water from several other wellfields to 
provide drinking water to approximately 230,000 people in the Vancouver 
region.
    The Water Station has been owned by the City of Vancouver (City) 
and managed as part of their drinking water supply system for over 60 
years. 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 found 
tetrachloroethylene (PCE) to be present in several of the WS1 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 was consistently below the MCL.
    Groundwater samples collected between 1988 and 1992 indicated 
levels of PCE in the groundwater as high as 30 [micro]g/L. While the 
City managed the drinking water system such that the drinking water 
distributed to customers remained below the MCL of 5 [micro]g/L, 
elevated concentrations of PCE continued to be present in the 
groundwater. In 1993, the City installed five air stripping towers at 
the Site and began routing all the water extracted from the WS1 
wellfield through the air strippers prior to distribution to customers. 
This treatment reduced PCE levels to below analytical detection limits.
    On June 23, 1993, EPA proposed WS1 for listing on the NPL (58 FR 
34018). The NPL listing for the Site was finalized on May 31, 1994 (59 
FR 27989).
    The City continues to use the water from the WS1production wells as 
part of their drinking water supply system. A park has been developed 
on the land surrounding the wellfield.

Remedial Investigation and Feasibility Study (RI/FS)

    A baseline risk assessment quantified the potential risks to future 
residents consuming untreated water ranged to be from 1E-06 to 6E-06 (1 
to 6 excess cancers in 1,000,000 people). EPA found it was necessary to 
take action at WS1 because the groundwater at several production wells 
had been shown to have persistent concentrations of PCE above the MCL.
    In 1989 and 1990, several investigations were conducted by the City 
and EPA. No pattern was found in the soil or groundwater data that 
might indicate the location of the potential source of PCE. Based on 
these results, EPA concluded that the likelihood of identifying a 
significant source was low and that further investigation into source 
identification was not warranted.

Selected Remedy

    On September 11, 1998, 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 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 1993 and has operated 
continuously for 24 years. Throughout this period, the City monitored 
PCE concentrations in the aquifer, which declined gradually over time.

[[Page 44551]]

    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 25, 1998. The 
Site was identified as ``Sitewide Ready for Anticipated Use'' on 
September 28, 2012. A Final Close Out Report documenting completion of 
all remedial activities was signed by EPA on April 27, 2017.

Cleanup Levels

    The 1998 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 April 2017 the EPA reviewed the monitoring data and found that 
PCE concentrations at 11 of the 12 production wells had been below the 
cleanup level of 5 [micro]g/L since 2013. A further statistical 
analysis of data collected from the other well indicated a downward 
trend and a 95% Upper Confidence Level of 4.41 [micro]g/L, below the 
cleanup level of 5 [micro]g/L. Based on this evaluation, EPA determined 
that all remedial activities at the Site were complete, remedial action 
objectives had been achieved and the use of the treatment system was no 
longer required for the CERCLA remedy. 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 ``The remedy at 
Vancouver WS1 is 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 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 at 
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. 2017-20449 Filed 9-22-17; 8:45 am]
 BILLING CODE 6560-50-P