[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23409-23412]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-10796]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9978-25--Region 10]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Frontier Hard Chrome, Inc. 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 10 is issuing 
a Notice of Intent to Delete Frontier Hard Chrome, Inc. (FHC) 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, 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 June 20, 2018.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
    (1) http://www.regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
    (2) Email: Laura Knudsen, Community Involvement Coordinator, at 
[email protected].
    (3) Mail: Laura, Knudsen, U.S. EPA Region 10, 1200 Sixth Avenue, 
Suite 155, RAD-202-3, Seattle, Washington 98101-3123.
    (4) Hand delivery: Records Center, U.S. EPA Region 10, 1200 Sixth 
Avenue, Suite 155, Seattle, Washington. Monday through Friday, except 
Federal holidays, between 9:00 a.m. and 5:00 p.m. 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-
1983-0002. The 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 website is 
an ``anonymous access'' system, which means the 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 the EPA without

[[Page 23410]]

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, the 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 the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
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: 
Records Center, U.S. EPA Region 10, 1200 Sixth Avenue, Suite 155, 
Seattle, Washington, Monday through Friday, except Federal holidays, 
between 9:00 a.m. and 5:00 p.m.; Vancouver Community Library, 901 C 
Street, Vancouver, Washington 98660, 360-906-5000 between 9:00 a.m. and 
8:00 p.m. Monday to Thursday, or 10:00 a.m. and 6:00 p.m. Friday to 
Sunday.

FOR FURTHER INFORMATION CONTACT: Jeremy Jennings, Remedial Project 
Manager, U.S. EPA Region 10, 1200 Sixth Avenue, Suite 155, ECL-12, 
Seattle, Washington 98101-3123 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

    The EPA Region 10 announces its intent to delete the Frontier Hard 
Chrome, Inc. 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 the EPA promulgated 
pursuant to Section 105 of the Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA) of 1980, 42 U.S.C. 9605. The 
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.
    The 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 the EPA is 
using for this action. Section IV discusses the Frontier Hard Chrome, 
Inc. Superfund Site and demonstrates how it meets the deletion 
criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that the 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), the 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.
    The 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 will 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) The EPA consulted with the State before developing this Notice 
of Intent to Delete.
    (2) The 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, the 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 above.
    If comments are received within the 30-day public comment period on 
this document, the EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. The EPA will prepare 
a Responsiveness Summary to address any significant public comments or 
data received during the public comment period. After the public 
comment period, if the EPA determines it is still appropriate to delete 
the Site, the Regional Administrator 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 above.
    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 the 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 the EPA's rationale for deleting 
the Site from the NPL:

Site Background and History

    The \1/2\-acre Frontier Hard Chrome (FHC), Inc. Superfund Site (EPA 
ID:

[[Page 23411]]

WAD053614988) is located at 113 Y Street, Vancouver, Clark County, 
Washington, approximately \3/4\ mile north of the Columbia River. The 
area was once dominated by light industry but has transitioned to 
commercial and residential uses. Between 1958 and 1983, two chrome 
plating businesses, Pioneer Plating (1958 to 1970) and Frontier Hard 
Chrome (1970 to 1983) occupied the Site. Since 1983, the Site has been 
used by various businesses. A commercial storage facility and parking 
lot are currently being constructed at the Site.
    In 1976, untreated chromium plating wastes from FHC's operations 
were temporarily rerouted from the sanitary sewer to an on-Site dry 
well while an on-site treatment system was constructed. Despite several 
enforcement actions, the treatment system was never designed or 
constructed. In January 1983, the Washington Department of Ecology 
(Ecology) ordered FHC to stop the discharge of chromium plating wastes 
to the dry well and to prepare a plan to investigate the groundwater. 
Before taking any action, FHC closed the business.
    In 1982, an industrial supply well about \1/4\ mile from the Site 
was found to be contaminated with chromium at more than twice the 
federal drinking water standard referred to as the ``maximum 
contaminant level'' (MCL). Further investigation, indicated the 
presence of a plume with elevated chromium concentrations downgradient 
of the dry well on the FHC property.
    In December 1982, the EPA proposed that the Site be included on the 
NPL established by the EPA under Section 105(a) of CERCLA, 42 U.S.C. 
9605(a) (47 FR 58476). Following consideration of public comments, the 
listing was finalized by the EPA in September 1983 (48 FR 40658).

Remedial Investigation and Feasibility Study (RI/FS)

    In 1984, Ecology initiated the Remedial Investigation (RI). Initial 
testing found total chromium levels in groundwater beneath the Site 
that were more than 2,000 times the MCL [50 micrograms per liter 
([micro]g/L)] and had spread approximately 1,600 feet southwest of the 
source. Later, total chromium concentrations in groundwater near the 
former dry well were found as high as 300,000 [micro]g/L.
    Chromium in soils near the former dry well were identified as the 
source of the groundwater contamination at FHC. Total chromium levels 
in surface soils were reported as high as 5,200 milligrams per kilogram 
(mg/kg) and hexavalent chromium as high as 42 mg/kg. Subsurface soil 
concentrations for total and hexavalent chromium were reported as high 
as 31,800 mg/kg and 7,506 mg/kg, respectively. Elevated chromium levels 
were found up to 20 feet below the ground surface and extended beyond 
the southern property boundary.

Selected Remedy

    The EPA issued a December 1987 Operable Unit 1 (OU 1) Record of 
Decision (ROD) to address contaminated soils and source areas, and a 
July 1988 OU 2 ROD to address contaminated groundwater. The objectives 
of the OU1 soil remedy were to protect human health by preventing the 
direct exposure to chromium contaminated soils and dusts and to protect 
the groundwater by controlling the source of the contamination and 
included excavation, chemical treatment by a chemical binding agent, 
and off-Site disposal. Based on a Site-specific leachate test, all 
soils with total chromium concentrations greater than 550 mg/kg 
(approximately 7,400 cubic yards of soil) were removed and disposed of 
offsite.
    The remedy selected in the OU 2 ROD called for extraction of 
groundwater from the areas where levels of chromium exceeded 50,000 
[micro]g/L, followed by treatment using selective media ion exchange 
and discharge to the Columbia River or Vancouver's sewer system. To 
prevent consumption of contaminated drinking water, institutional 
controls would be used to restrict the use of groundwater in and around 
the contaminated plume.
    During the remedial design for OU 1, bench scale tests indicated 
that the stabilization methods selected in the remedy would likely not 
be effective at preventing the leaching of hexavalent chromium from 
Site soils. In response, the EPA initiated a Focused Feasibility Study 
that identified and evaluated several new and innovative technologies 
for addressing the contamination remaining at the Site. The results of 
bench scale testing indicated that In-Situ Redox Manipulation (ISRM) 
would be the most effective technology to address the cleanup 
objectives.
    On August 30, 2001, the EPA issued a ROD amendment (RODA) modifying 
the remedial action selected in the 1987 and 1988 RODs. The amended 
remedy called for an ISRM Treatment Barrier to be installed at the 
southern edge of the groundwater hot spot and for reducing compounds to 
be injected into the contaminated soils and groundwater upgradient of 
the barrier. After injection, the reductant reacted with naturally 
occurring iron in the soils to create a permeable reactive zone, 
thereby reducing hexavalent chromium to trivalent chromium. Groundwater 
downgradient of the barrier would be restored through natural 
dispersion and dilution. Regular monitoring would be conducted until 
all groundwater met the cleanup level of 50 [micro]g/L. Institutional 
controls (ICs) that limited access to contaminated soils and 
groundwater and future activities that threaten to remobilize chromium 
in Site soils were to be evaluated and implemented.

Response Actions

    In 1994, to reduce the threat of direct exposure and further 
impacts to groundwater from the most heavily contaminated surface 
soils, Ecology excavated surface soils with chromium concentrations 
above 210 mg/kg (approximately 160 cubic yards) and disposed of them 
off-Site. The area was backfilled with clean material and a commercial 
office building was constructed on the property.
    In December 2000, in conjunction with a local drainage project, the 
EPA extended a tight-lined drain pipe with road drains and catch basins 
to the south and west of the Site. The extension allowed stormwater to 
drain away from the FHC Site, thus preventing further infiltration of 
surface water through contaminated soils and into groundwater.
    From 2001 to 2003, the EPA designed and implemented the ISRM 
Treatment selected in the 2001 RODA. Chemical reductant was first 
injected along the southern edge of an area with the highest chromium 
levels in the groundwater, forming the ISRM barrier, and then applied 
to source area soils and groundwater upgradient of the barrier. On 
September 22, 2003, the EPA signed a Preliminary Close-Out Report 
documenting the completion of construction activities. On September 28, 
2012, the Site was designated as ``Sitewide Ready for Anticipated 
Use''.
    In 2003 the EPA also reviewed existing local and state controls 
that would protect the public from exposure to soils and groundwater 
impacted by past releases at the Site. The EPA determined that existing 
controls sufficiently limited access to contaminated soils and 
groundwater and that no additional ICs were required. Even so, when 
approached in 2004 by a perspective developer interested in purchasing 
the property, the EPA entered into an Agreement and Covenant Not to Sue 
with the developer. The Agreement was recorded on the property deeds 
and required compliance with seven institutional controls,

[[Page 23412]]

including prohibitions on the installation of groundwater wells and use 
of groundwater.
    In February 2004, a Long-Term Monitoring Plan was developed by the 
EPA to track the size of the chromium plume downgradient of the Site 
and to ensure the protectiveness of the remedy. In 2007, the size of 
the network and the frequency of sampling were reduced. The final 
sampling event took place in 2016.

Cleanup Levels

    The cleanup levels established in the RODA were based on federal 
drinking water standards, State cleanup levels established under the 
Model Toxics Control Act (MTCA), and State surface water standards. 
Consistent with MTCA, cleanup levels for hexavalent and trivalent 
chromium in soils were set at 19 mg/kg and 80,000 mg/kg respectively. 
Also based on MTCA, a groundwater cleanup level of 50 [micro]g/L total 
chromium was established. Finally, the State's chronic surface water 
standards were used to establish a cleanup level of 10.5 [micro]g/L for 
groundwater immediately upgradient of the Columbia River.
    Following the 2016 sampling event, the EPA reviewed the data and 
found that, over the last several years, total chromium had only been 
detected at one well and that the groundwater concentrations at that 
well were below the cleanup level of 50 [micro]g/L (Well B-87-8; 8.82 
[micro]g/L total chromium). A statistical analysis indicated the 
groundwater had attained the cleanup level and was expected to continue 
to do so in the future. Since monitoring began in 2004, the total 
chromium concentration in the wells closest to the river (well W99-R5A 
W99-R5B) have been below the cleanup level of 10.5 [micro]g/L set for 
groundwater immediately upgradient of the Columbia River.
    A Final Close-Out Report documenting completion of all remedial 
actions was signed by the EPA on January 29, 2018. The report 
documented that all soil and groundwater Remedial Action Objectives 
(RAOs) and cleanup levels established in the 2001 RODA had been 
attained, the remedy had been successfully implemented, and no further 
CERCLA actions were required at the Site. However, in 2018, all 
remaining monitoring wells will be decommissioned by Ecology. No 
additional monitoring or Operations and Maintenance of the remedy are 
required.

Five-Year Review

    Three policy five-year reviews (FYR) have been completed at the 
Site, the last one in January 2018.
    No issues or follow-up actions were identified as part of the 2018 
Five-Year Review. The protectiveness statement read: ``Because the 
remedial actions at OU 1 and OU 2 are protective, the site is 
protective of human health and the environment.''
    The analysis conducted concurrent with 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 (UU/UE). 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. Concurrent with 
this notice, a notice of availability of the Notice of Intent for 
Deletion has been published in The Columbian, initiating a 30-day 
public comment period. EPA will review all comments received before 
making a final decision on this proposed deletion action.

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 RODs and 
RODA 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: May 3, 2018.
Chris Hladick,
Regional Administrator, Region 10.
[FR Doc. 2018-10796 Filed 5-18-18; 8:45 am]
 BILLING CODE 6560-50-P