[Federal Register Volume 84, Number 139 (Friday, July 19, 2019)]
[Proposed Rules]
[Pages 34839-34845]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-15305]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1986-0005; FRL-9996-90-Region 8]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Idaho Pole Company
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of intent.
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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing
a Notice of Intent to Delete the surface and unsaturated subsurface
soils outside of the 4.5 acre Treated Soils Area of the Idaho Pole
Company Superfund Site (Site) located in Bozeman, Gallatin County,
Montana, from 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 Montana, through the Montana Department of Environmental
Quality (MDEQ), have determined that all appropriate response actions
at these identified media under CERCLA, other than operation and
maintenance, monitoring and five-year reviews have been completed.
However, this deletion does not preclude future actions under
Superfund.
This partial deletion pertains to the surface and unsaturated
subsurface soils remedy component outside of the 4.5 acre Treated Soils
Area of the Idaho Pole Company Superfund Site. The 4.5 acre Treated
Soils Area is identified on the survey map in the docket and is the
location where all treated soils were placed after on-site treatment.
The groundwater and saturated subsurface soils within the historic
groundwater table, and the Site's sediments are not being considered
for deletion as part of this action.
DATES: Comments must be received by August 19, 2019.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
https://www.regulations.gov. Follow on-line 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 https://www.epa2.gov/dockets/commenting-epa-dockets.
Email: [email protected].
Mail: Roger Hoogerheide, Remedial Project Manager; U.S.
EPA Montana Office; Federal Building, Suite 3200; 10 West 15th Street;
Helena, MT 59626.
Hand delivery: U.S. EPA Montana Office; Federal Building,
Suite 3200; 10 West 15th Street; Helena, MT 59626. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed information
by calling 406-457-5046.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1986-0005. 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
[[Page 34840]]
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 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 are available
electronically or in hard copy at: U.S. EPA Montana Office, Federal
Building, Suite 3200, 10 West 15th Street, Helena, MT 59626, (406) 457-
5046, Hours: Mon.-Fri. 8 a.m. to 5 p.m.; and the Bozeman Public
Library, 626 East Main Street, Bozeman, MT 59715, (406) 582-2400,
Hours: (Library hours vary).
FOR FURTHER INFORMATION CONTACT: Roger Hoogerheide, Remedial Project
Manager, 8SEM-RBS, U.S. EPA, Region 8--Montana Office, 10 W 15th St.,
Suite 3200, Helena, Montana 59626, (406) 457-5031 or 1-866-457-2690,
extension 5031, [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
The EPA announces its intent to delete the surface and unsaturated
subsurface soils of the Idaho Pole Company Superfund Site (Site)
outside of the 4.5 acre Treated Soils Area, from the National
Priorities List (NPL) and request 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, as amended. The EPA maintains the NPL as those 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). The EPA proposed
the facility for listing on the NPL in 1984, 29 FR 40320 (Oct. 15,
1984). The listing was final in 1986, 51 FR 21054 (June 10, 1986).
This partial deletion of the surface and unsaturated subsurface
soils totaling approximately 82 acres at the Idaho Pole Company
Superfund Site is proposed in accordance with 40 CFR 300.425(e) and is
consistent with the Notice of Policy Change: Partial Deletion of Sites
Listed on the National Priorities List. 60 FR 55466 (Nov. 1, 1995). As
described in 300.425(e)(3) of the NCP, a portion of a site deleted from
the NPL remains eligible for Fund-financed remedial action if future
conditions warrant such actions. Any remaining contaminated saturated
soils, sediments and groundwater at the Idaho Pole Company Superfund
site as well as the 4.5 acres within the Treated Soils Area will remain
on the NPL and are not subject to this partial deletion action.
The EPA will accept comments on the proposal to partially 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 response actions that
have addressed the surface and unsaturated subsurface soils of the
Idaho Pole Company 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:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. All appropriate Fund-financed response under CERCLA has been
implemented, and no further response 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,
the taking of remedial measures is not appropriate.
Pursuant to CERCLA section 121(c) and the NCP, the 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. The EPA conducts such five-year reviews even if a site is
deleted from the NPL. 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
may be restored to the NPL without application of the hazard ranking
system.
III. Deletion Procedures
The following procedures apply to deletion of the surface and
unsaturated subsurface soils of the Site:
(1) The EPA consulted with the State before developing this Notice
of Intent for Partial Deletion.
(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 Montana, through the MDEQ, has concurred with the
deletion of the surface and unsaturated subsurface soils of the Idaho
Pole Company Superfund Site, from the NPL.
(5) Concurrently, with the publication of this Notice of Intent for
Partial Deletion in the Federal Register, a notice is being published
in The Bozeman Daily Chronicle. The newspaper notice announces the 30-
day public comment period concerning the Notice of Intent for Partial
Deletion of the Site from the NPL.
[[Page 34841]]
(6) The EPA placed copies of documents supporting the proposed
partial deletion in the deletion docket, made these items available for
public inspection, and copying at the Site information repositories
identified above.
If comments are received within the 30-day comment period on this
document, the EPA will evaluate and respond accordingly to the comments
before making a final decision to delete the surface and unsaturated
subsurface soils outside of the 4.5 acre Treated Soils Area. If
necessary, the EPA will prepare a Responsiveness Summary to address any
significant public comments received. After the public comment period,
if the EPA determines it is still appropriate to delete the surface and
unsaturated subsurface soils of the Idaho Pole Company Superfund Site
outside of the 4.5 acre Treated Soils Area, the Regional Administrator
will publish a final Notice of Partial 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 included in the Site information repositories
listed above.
Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion of a portion 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 Partial Site Deletion
The following information provides the EPA's rationale for deleting
the surface and unsaturated subsurface soils outside of the 4.5 acre
Treated Soils Area of the Idaho Pole Company Superfund Site from the
NPL.
Site Background and History
The Idaho Pole Company Superfund Site, CERCLIS ID MTD00623276, is
located near the northern limits of Bozeman, Gallatin County, Montana.
The Site occupies approximately 87 acres in the east half of Section 6
and the west half of Section 5, Township 2S, Range 6E of Gallatin
County. The Site is bounded by the Montana Rail Link (MRL) railroad
tracks to the south, L Street to the west and Rocky Creek to the east
and north of the Site. Interstate Highway 90 (I-90), Bohart Lane and
Cedar Street traverse the Site in an east-west direction.
The four parcels south of I-90, north of the MRL railroad tracks
and east of L Street are part of this partial deletion. The four
parcels are owned by the Idaho Pole Company (IPC) and total
approximately 40 acres. These parcels contain the groundwater recovery
system building and associated extraction and injection galleries, a
log cabin structure that was historically used by the site manager but
is currently unoccupied, and an office building. The remaining area is
an open field. The four parcels are within Bozeman's city limits and
are currently zoned for commercial/industrial use. Cedar Street
transects this section of the Site. A portion of two of these parcels
contains the 4.5 acre Treated Soils Area. This is where treated soils
that do not allow for unlimited use and unrestricted exposure have been
placed and a Notice of Institutional Controls has been filed on the
deed with Gallatin County Clerk and Recorder restricting excavation and
construction in this area without specific approval from the State of
Montana and the EPA.
The Idaho Pole Company also owns the parcel immediately north of
Bohart Lane and east of L Street which is part of this partial
deletion. This parcel is currently fenced to restrict access since
there was an interceptor trench that was used to historically recover
wood treating fluids. Product that accumulated in the trench was
removed from the trench using absorbent pads, as needed. Operation of
the trench ceased in October 2015 after several years where no product
was recovered, and the trench was closed per the EPA approved Trench
Closure Work Plan. The fence is not needed for the remedy and can be
taken down to facilitate redevelopment of the property. There are no
structures on this property. This approximately seven-acre parcel is
identified as the Pasture Area in site documents and is within Bozeman
city limits. The property is zoned for commercial/industrial use and
there is a potential to place commercial structures on this property in
the future.
Approximately eighteen additional acres on three parcels owned by
IPC north of Bohart Lane, south of Rocky Creek and east and west of L
Street are also part of this partial deletion. There are currently no
structures on these properties and these parcels are occasionally used
by nearby residents as pasture. These parcels are outside of Bozeman
city limits in unincorporated Gallatin County and are zoned rural
residential.
In addition to property owned by IPC, approximately seven acres is
owned by Northwestern Energy (formerly Montana Power Company) including
the East Gallatin Substation. This parcel is immediately north of
Bohart Lane and east of the Pasture Area parcel. The East Gallatin
Substation was constructed in the mid-1970's and serves the northeast
side of Bozeman.
Another approximately fifteen acres includes the portions of I-90,
Cedar Street, and Bohart Lane that transect the Site as well as the
right away associated with these roads. Privately-owned land north and
east of Rocky Creek and west of L Street are only included in the
groundwater portion of the Site and are not part of this partial
deletion. Interstate Highway 90 was constructed through the property
north of the facility from 1967 to 1969. Historically, the land now
occupied by 1-90 and the area northeast of 1-90 to Rocky Creek was
predominantly used for residential and ranch purposes.
Between the late 1800s and early 1940s, the Northern Pacific
Railroad Company operated a five-stall roundhouse south of Cedar Street
and east of L Street that was used for light maintenance and to house
helper engines that were used to pull and push trains up and down
Bozeman Pass. Modifications to the roundhouse were periodically
completed to accommodate larger helper engines that came into service.
The roundhouse was considered obsolete with the development of diesel
engines in the 1930s that had sufficient power to traverse Bozeman Pass
without helper engines and the roundhouse was abandoned in the early
1940s.
The IPC wood treating facility began operations in 1945 using
creosote to preserve wood. The creosote was mixed with a petroleum
distillate and heated in vats prior to treatment. Creosote contains
several larger hydrocarbon molecules (polynuclear aromatic hydrocarbons
(PAHs)) which are identified as contaminants of concern at the Site.
Lodgepole pine and cedar (white wood) poles were brought to the
Site by rail and truck and stored until treated. White wood was stored
near the former roundhouse area as well as between the treatment
facilities and the MRL railroad tracks awaiting treatment. The wood
treatment process was initiated via a customer order. Prior to
treatment, the bark was removed from the poles and excess bark was
stored in piles on-site at the east side of the property on both the
north and south sides of Cedar Street.
[[Page 34842]]
In the early days of Site operations, treatment consisted of
immersion of the end of the poles into a butt vat of heated creosote
solution. This was later extended to full length pole treatment with
the installation of a full-length vat in 1952. There was also a drying
area on-site where treated poles were stored temporarily prior to
shipment off-site. Since most orders were custom orders, treated poles
only stayed on-site for a few days before transport to the customer.
In 1952, IPC switched to pentachlorophenol (PCP) for wood
treatment. Initially, any remaining creosote was cycled in with PCP
rather than disposed on-site since there were few customer concerns
about the color of the treated wood. Pentachlorophenol continued to be
used until wood treatment operations ceased in 1997. Pentachlorophenol
is a known carcinogen and is also identified as a contaminant of
concern at the Site.
The PCP was brought to the Site in bulk as a solid and was diluted
as a 5% solution in a carrier oil and heated in vats prior to wood
treatment. Commercial grade PCP usually contains about 86% PCP purity
and 14% other impurities such as chlorophenols and dioxins/furans. The
other chlorophenols include compounds such as tetrachlorophenol,
trichlorophenol, and dichlorophenol. Dioxins/furans produced during the
manufacturing of PCP are the result of improper combustion.
In 1975, a pressurized heated retort was added for treating full
length poles and placed in the Pressure Plant. The full-length vat used
to treat full-length poles that was installed in 1952 was taken out of
service in 1979 and demolished in 1981. Wood treating operations
continued with the pressurized heated retort and the butt vat until
1997 when wood-treating operations ceased.
The full-length vat that was decommissioned in 1979 had corroded on
the bottom and the vat leaked an unknown amount of wood treating fluid
into the underlying soil and groundwater for an undetermined amount of
time resulting in the majority of releases observed at the Site. System
operations also resulted in the occasional spilling of heated wood
treating fluids on nearby soils around treatment facilities. All
treatment operations described above occurred around the 4.5 acre
Treated Soils Area located south of I-90.
In 1978, the Montana Department of Fish, Wildlife and Parks
notified the Montana Department of Health & Environment (MDHES) of a
suspected release of oily wood treating fluid from the plant. MDHES
found evidence of a release in ditches near the facility and near Rocky
Creek. Consequently, MDHES issued a compliance order on September 29,
1978, notifying IPC of statutory violations and directing the company
to stop uncontrolled releases and to clean up spilled treating fluid.
Between 1978 and 1980, IPC installed an interceptor trench and drain
that ran parallel to I-90 to collect non-aqueous phase liquid (NAPL) on
the groundwater surface. In 1984, IPC hired a consultant to investigate
soil, sediment, surface water, and groundwater contamination. The
results of the investigation, which was conducted without MDHES or EPA
oversight, are presented in a 1985 report. The EPA proposed the
facility for listing on the NPL in 1984, 29 FR 40320 (Oct. 15, 1984).
The listing was final in 1986, 51 FR 21054 (June 10, 1986).
Remedial Investigation and Feasibility Study (RI/FS)
In March 1989, MDHES requested and received the lead agency role
for a fund-financed RI/FS for the Site. The RI defined the nature and
extent of contamination and provided data to complete the baseline
Human Health and Ecological Risk Assessments. Contaminated surface
soils were identified around the treatment facilities, north and south
of Cedar Street, near the former roundhouse and in the Pasture Area.
Contamination of the groundwater saturated subsurface soils occurred
within the bounds of the 6.7-acre wood treating NAPL contamination area
identified in Figure 5-3 of the RI Report. This subsurface NAPL
resulted in the smearing of oily wood treating fluid in the subsurface
during the seasonally fluctuating groundwater table. At high water
table conditions, the oily wood treating fluid expressed near the
ground surface in the Pasture Area north of I-90, resulting in isolated
pockets of wood treating fluid in the subsurface soils.
Upon completion of the RI Report, the Feasibility Study (FS)
commenced. The primary objective of the FS was to provide sufficient
information to support an informed risk management decision to select
the most appropriate cleanup remedy for the IPC Site. The soil
component of the remedy identified excavation and on-site treatment of
accessible soils as the most appropriate remedy. Inaccessible soils
(saturated subsurface soils, soils under I-90 and active facility
operations) would be addressed as part of the groundwater remedy.
For human health protection, the remedial action objectives
identified in the FS for soil are to:
Prevent excess incidence of cancer risks from exceeding 1
in 10,000 following lifetime direct contact with, and ingestion of,
soils contaminated with carcinogenic contaminants of concern (CoCs);
Prevent ingestion of/direct contact with soils having
noncarcinogens at levels which exceed the reference doses; and
Prevent excess incidence of cancer risks from exceeding 1
in 10,000 following inhalation of carcinogenic CoCs at a lifetime of
exposure.
For environmental protection, the remedial action objective for
soil is to:
Prevent migration of contaminated leachate that would
result in groundwater contamination in excess of the proposed maximum
contaminant levels (MCLs). (Proposed MCLs are To Be Considered as
Applicable Relevant and Appropriate Requirements).
Selected Remedy
Following issuance of a Proposed Plan, the EPA released a Record of
Decision (ROD) in 1992. A remedial alternative for soil and groundwater
that is protective of human health and the environment was selected.
The COCs identified in the ROD are PCP, PAHs, polychlorinated dibenzo-
p-dioxins and polychlorinated dibenzofurans (dioxins/furans) which are
reported as a toxicity equivalent value of 2,3,7,8-tetrachlorodibenzo-
p-dioxin (TCDD TEQ)). One Operable Unit (OU01) was established for the
Site and included the soil and groundwater component. The EPA's remedy
selection was based on the assumption that IPC would continue its
commercial operations, limiting access to soils underlying operating
structures.
The major components of the selected remedy that addressed
contaminated surface and unsaturated subsurface soils include:
Excavation and surface land biological treatment on-site
of accessible contaminated soils from the Pasture Area and the area
between Cedar Street and I-90 including ditch sediments or bottoms, and
the former roundhouse area;
Hot water and steam flushing of inaccessible soils
underlying the active pole plant facility and I-90 in order to recover
hazardous substances;
Separation and disposal of oily wood treating fluid
extracted from soils; and
Implement land use and deed restrictions (Institutional
Controls) to preserve the integrity of the remedy.
[[Page 34843]]
The ROD established performance standards deemed protective of
human health and the environment for both soils and groundwater. Site
specific soil performance standards of known or suspected carcinogenic
contaminants (PCP, TCDDs, and Total class B2 PAHs) were developed based
on a cancer risk of 1.0 x 10-6. Noncancer contaminant (Total
class D PAHs) soil performance standards were developed based on a
noncancer health hazard quotient of 0.1. Soil performance standards
also assumed future commercial/industrial use for the properties south
and immediately north of I-90. The soil performance standards
established in the ROD are:
PCP <48 milligrams/kilogram (mg/kg)
Total class B2 PAHs (carcinogen or suspected carcinogen)
<15 mg/kg
Total class D PAHs (non-carcinogen) <145 mg/kg
TCDD TEQ (dioxin toxicity equivalent) <1.0 x
10-3 mg/kg (1.0 [micro]g/kg)
The NAPL contaminated area was also revised in the ROD to cover 7.4
acres and assumed 39,304 cubic yards of contaminated soil exceeded soil
performance standards. The ROD also assumed that the soil component and
the groundwater component of the selected remedy would operate
simultaneously to eliminate the PAHs, PCP and TCDDs that may continue
to migrate downward from the unsaturated soils to the saturated
subsurface soils and groundwater, and to remove as much of the
contamination that is already present in the saturated subsurface soils
and groundwater to the extent practicable.
The EPA initiated negotiations with the potentially responsible
parties (PRPs) for implementation of the remedy after issuance of the
ROD. The PRPs identified were the Idaho Pole Company and Burlington
Northern Santa Fe Railway Company (BNSF), as successor to the Northern
Pacific Railway Company. The negotiations were unsuccessful and
consequently the EPA issued a Unilateral Administrative Order for
Remedial Design/Remedial Action (EPA Docket No. CERCLA VIII-93-26) with
an effective date of August 26, 1993. Remedial Design commenced on
February 23, 1994 with EPA approval of the Remedial Design Work Plan.
The findings of additional studies conducted during the Remedial
Design included modifications to the soil remedy design which were not
included in the 1992 ROD. These modifications were made through an
Explanation of Significant Difference (ESD) in 1996 and are listed
below.
Based on the subsurface conditions under I-90 and the
Pressure Plant, the EPA and MDEQ, formerly MDHES, determined that the
hot water/steam flushing system called for in the ROD could not be
implemented. These subsurface conditions included the Site geology,
obstructions under the Pressure Plant foundation, and less oily wood-
treating fluid than originally anticipated in the ROD. The EPA and MDEQ
approved an alternative plan that increased the area within which soils
were excavated by adding the accessible plant area soils and Cedar
Street soils that exceeded the PCP performance standard of 48 mg/kg for
soils. Soil flushing with ambient temperature water mixed with
nutrients underneath the plant structures and I-90 would be designed as
part of the groundwater remedy.
Closer evaluation of the existing and additional data
collected post-ROD indicated that the ROD cleanup levels were not
exceeded in the East Gallatin Substation ditch. Therefore, no ditch
sediments needed to be excavated.
A Land Treatment Unit (LTU) was to be constructed in the
southeast corner of the pole storage yard and the excavated soil from
all targeted areas of the Site were to be screened to remove rocks and
placed directly on the LTU. The total soil depth on the LTU was to be
less than two feet. The LTU would operate to treat the soils to
approximately one foot in depth and the soils would be removed when ROD
performance standards were met.
The treated soils may be used for fill material on
excavated areas of the Site. If the soil contains other contaminants
(e.g., dioxins/furans) that exceed the ROD performance standards after
treatment, the treated soil will be isolated from groundwater; will be
covered with a minimum of twelve inches at the surface to prevent
direct contact and Institutional Controls on future land use will be
required. A detailed closure plan for the LTU will be developed when
soil monitoring results indicate that the cleanup levels for PCP and
PAHs have been achieved. The closure plan will identify the areas to be
backfilled with the treated soil and will specify separation from
groundwater and the depth of cover required. The plan will also
identify the specific Institutional Controls to be implemented on the
Site.
In the fall of 1997, IPC announced that it would terminate wood
treatment operations. This had the potential to change the scope of the
remedial action which required another ESD. The significant difference
between the remedy described in the 1992 ROD and in the 1998 ESD was
that the existing plant structures, including concrete pads, piping,
vaults, etc., preventing access to contaminated soil, were to be
demolished and disposed of in accordance with State of Montana and EPA
requirements. Contaminated soils underlying these areas were to be
excavated and treated in the LTU like the accessible soils elsewhere at
the facility had been treated to date.
Response Actions
The soil remedy identified in EPA's ROD and supplemented in the
subsequent ESDs was implemented between July 1995 and October 2002. The
remedy included construction of a lined LTU and a retention pond to
collect any runoff from the LTU; excavation of soils in the accessible
areas of the Site, as well as de-rocking and transportation of
excavated soils to the LTU. The LTU was constructed per EPA approved
plans and specifications. The soils were treated in the LTU until ROD
performance standards for PCPs and PAHs were met at which time they
were placed in the excavated areas on-site above historic high
groundwater levels and clean soil placed on top. The ROD contemplated
pre-treatment of the excavated soils to remove NAPL prior to placement
in the LTU. However, this step was determined to not be necessary
because there was insufficient NAPL in the excavated soil to remove.
Approximately 14,000 cubic yards of contaminated soil were placed
in the LTU in 1995. The soils were excavated from six areas at the
Site: The Pressure Plant Area, beneath Cedar Street, the Barkfill Area,
the Roundhouse Area, the Cedar Street Ditch and the Pasture Area. The
majority of soils in the Barkfill and Pasture Areas were contaminated
by NAPL smearing of the saturated subsurface soils. Clean overburden
above the saturated soils was stripped off in these locations and
stockpiled for use as backfill. The exposed NAPL impacted silty clay
layer located just below and above the water table was then excavated
and placed in the LTU. Excavated soils were treated in the LTU by
tilling, irrigation and nutrient addition with a retention pond
collecting any excess water, which was subsequently treated in the
groundwater recovery system. Prior to placement of contaminated soils
into the LTU, the excavated soils were de-rocked, the rock cleaned and
stockpiled for later use. The clean overburden acquired during the
excavation of the Barkfill and Pasture Areas was used as fill in the
Pasture Area, the Roundhouse, Cedar Street and
[[Page 34844]]
Cedar Street ditch excavations so that there were no open excavated
areas filled with groundwater during soil treatment in the LTU except
near the facilities.
The first phase of soils excavated in 1995 were treated in two 10-
inch-thick lifts. The first lift included approximately 4,900 cubic
yards which met ROD performance standards for PCP and PAH by 1998. A
workplan to remove the upper lift from the LTU was approved by the EPA
on March 2, 1999. Removal and placement of these treated soils in the
Barkfill and Pressure Plant Areas was completed by June 1999. Prior to
placement of treated soils in the Barkfill and Pressure Plant Areas,
the stockpiled clean rock was used as backfill for the excavation.
Imported clean borrow was also placed on top of the rock and compacted
prior to placement of treated soils in the excavated pits since the
majority of clean overburden was used to backfill several unsecured
excavation areas in 1995.
After the first lift was removed, an additional 5,000 cubic yards
of impacted soil under the Pressure Plant was excavated. These soils
were loaded on the LTU for treatment in 1999 after the remaining
buildings and infrastructure associated with wood treatment operations
were demolished and properly disposed off-site. Soils were managed in
the LTU for a few more years before ROD performance standards were
achieved.
An LTU Closure Work Plan was submitted to the EPA in February 2002
and was approved in July 2002. The LTU closure activities were
conducted in accordance with the approved LTU Closure Work Plan.
Closure activities were based on the September 2000 excavated soil
analytical results being below the ROD soil treatment goals for PCP and
PAHs. Dioxin/furan levels calculated as TCDD TEQ remained above the ROD
performance standards in the treated soils. Sample results ranged from
1.0 to 5.0 microgram/kilogram ([micro]g/kg) expressed as TCDD TEQ. The
1996 ESD specified that the treated soils may be used for fill material
on excavated areas of the Site. If the soil contains other contaminants
(e.g., dioxins/furans) that exceed the ROD performance standards after
treatment, the treated soil would be isolated from groundwater and
covered with a minimum of twelve inches at the surface to prevent
direct contact. Institutional Controls on future land use would also be
implemented.
The LTU was subsequently decommissioned and closed in accordance
with the EPA-approved closure plan. The construction, operation and
closure of the LTU is documented in the LTU Closure Completion Report.
The LTU liner was taken out, rinsed and disposed of off-site. The clean
soils that were excavated to construct the berm around the LTU and
retention pond were used to close the LTU. These soils were graded flat
upon removal of the LTU leachate collection system, filter fabric and
liner. Fifteen thousand cubic yards of soil used in the construction of
the LTU were placed across the LTU area and re-contoured for drainage
control, and future reuse of the location.
The majority of the approximately 41 acres south of I-90 was used
to store whitewood prior to treatment. Therefore, a location south of
the former Pressure Plant that was determined to be clean during the
remedial investigation was identified as a suitable location to place
the remaining treated soils from the LTU (plus an additional 5,240
cubic yards of drainage sand that was placed at the bottom of the LTU
to facilitate drainage).
Two pits were excavated in an area south of the former Pressure
Plant for placement of the treated soils and drainage sand. Treated
soils were placed in these excavated areas above historic groundwater
levels. After treated soil was placed in the pits, sand and filter
fabric were placed in the Pit Area and compacted. A twelve to fifteen-
inch cover of clean fill material was then placed over the Pit Area.
Approximately 4,440 cys of clean fill material excavated originally
from the Pit Area were placed as the final soil cover. The soil cover
was placed to prevent direct contact risk with the treated soil as
described in the Remedial Action Objectives. Cap thickness was verified
with a pre and post excavation survey of the Pit Area.
While no samples were taken to confirm the concentrations in the
soils used to cover the treated soils, the area south of the former
pressure plant was used for whitewood storage and samples collected
during the remedial investigation at surface and depth from test pits
in the area showed these areas to be clean. As there is no record in
the site file showing that samples of this overburden were analyzed for
dioxins/furans, five-point composite surface soil samples were
collected from the soil cover from four locations on-site in June 2018
and analyzed for dioxins/furans. The TCDD TEQs calculated for the four
surface soil sample results ranged from 0.012 [micro]g/kg to 0.570
[micro]g/kg--below the ROD performance standard of 1.0 [micro]g/kg.
While the ROD performance standards for PCP and PAHs were achieved
through biological treatment, performance standards for dioxins/furans
expressed as TCDD TEQs (dioxin toxicity equivalents) were not. Even
though the TCDD TEQ concentrations in the treated soils exceed the soil
performance standards established in the 1992 ROD, the soils remedy is
protective of human health and the environment because no exposure
pathways exist since the treated soils have been placed above historic
groundwater levels; have clean soil on top as a cover; and
Institutional Controls (ICs) discussed later are in place that
restricts land use in the 4.5 acre Treated Soils Area.
Operation and Maintenance
No further or ongoing surface and unsaturated subsurface soil
operation and maintenance activities are required other than
maintaining ICs and ensuring that a protective cover remains over areas
where treated soils have been placed. It is the responsibility of
McFarland Cascade, the parent company of IPC, their successors and
assigns to ensure that the integrity of the soil component of the
remedial action is maintained as long as the treated soils at the Site
do not allow for unlimited use and unrestricted exposure. Five
composite samples were collected at depth from the treated soils area
in October 2017 to determine if the treated soils met ROD performance
standards for TCDDs. Samples collected at four of the five sample
locations exceeded the ROD performance standards of 1.0 [micro]g/kg.
Values ranged from 0.69 [micro]g/kg to 2.9 [micro]g/kg. These results
support the need to continue to have Institutional Controls and a
protective cover in place to ensure that soil remedy remains protective
of human health and the environment.
Institutional Controls
A Notice of Institutional Control was filed with the Gallatin
County Clerk and Recorder in 2010 that applies covenants, conditions
and restrictions that run with the land and are binding on IPC, their
successors and assigns, and any subsequent interest owner of the
property. These include restrictions on new construction and excavation
on the 4.5-acre area where treated soils were placed. Restrictions on
use of groundwater on all IPC property were also included as a
restriction. These restrictions ensure protection of the integrity of
the remedial actions. This notice and corresponding attachments are
included with the property deed records and fulfills the land use
restrictions specified in the 1992 ROD and 1996 ESD.
A Controlled Groundwater Use Area was created in 2001 under State
law that
[[Page 34845]]
includes the IPC Site and the nearby residential properties north of I-
90, east and west of L Street and south and north of Rocky Creek. The
purpose of the Controlled Groundwater Use Area designation is to
prevent construction of new wells, where the consumption of groundwater
may pose a threat to human health, and to protect the groundwater
remedy.
Five-Year Reviews
The first five-year review of the remedial action was completed in
September 2000. The results of this review noted that the remedies for
soil were protective of human health and the environment because all
accessible soils exceeding ROD performance standards had been excavated
and placed in the LTU. At the time of the first review, the LTU had
also successfully treated one lift, and the treatment of all of the
contaminated soils was predicted to be complete within two years.
The second five-year review was completed in August 2005. The
results of this review indicated that the soil remedy continues to be
protective of human health and the environment. The soil component of
the remedy achieved the performance standards for PCP and PAHs as
specified in the 1992 ROD, and the LTU was dismantled and closed.
Dioxin/furan levels expressed as TCDD TEQs (dioxin toxicity equivalent)
remained above the ROD performance standards, but these soils were
placed above the historic groundwater table and covered with a minimum
of twelve inches of soil per the 1996 ESD. A deed notification was also
filed was filed with Gallatin County in 2004 that placed use
restrictions on those areas where waste was left in place above levels
that allow for unlimited use and unrestricted exposure.
The third five-year review was completed in September 2010. The
results of this review indicated that the remedies for soil continue to
be protective of human health and the environment in the short-term.
The remedy at the soils component currently protects human health and
the environment because soils have been treated to ROD standards and
placed back on-site with a protective cover of clean soil placed over
these treated soils. However, in order for the remedy to be protective
in the long-term, an enforceable Institutional Control needed to be
placed on the property. Although a deed notification had been in place
since 2004, it was determined to not be protective of the remedy. A
Notice of Institutional Controls was filed with Gallatin County in
September 2010 that follows Montana Code Annotated 76-7-201, and
addressed the deficiencies identified in the previous deed
notification.
The fourth five-year review was completed in August 2015. While a
site-wide protectiveness determination could not be made due to
insufficient data available to evaluate the groundwater remedy, there
were no issues or recommendations in the five-year review related to
the soil remedy. The additional data have since been collected and
reviewed and an addendum to the five-year review was issued on March
11, 2019 that determined the remedy is protective of human health and
the environment.
The next five-year review is scheduled to be completed in September
2020.
Community Involvement
Prior public participation requirements have been satisfied as set
forth in CERCLA Section 113(k), 42 U.S.C. 9613(k), and CERCLA Section
117, 42 U.S.C. 9617. Major community involvement activities at the Site
included establishing a local presence by meeting with property owners
and concerned citizens. Outreach efforts included community interviews,
fact sheets, public meetings, neighborhood meetings, public comment
periods and website updates. The most recent fact sheet was sent out in
November 2017 and the last public meeting was held in December 2017.
The City and County Commissioners were briefed in December 2017 and the
Gallatin City-County Board of Health was briefed in February 2018. The
partial deletion of the surface and unsaturated subsurface soils
component of the IPC Site was discussed at these meetings and presented
in EPA's fact sheet.
Documents in the partial deletion docket that the EPA relied on for
recommending the partial deletion from the NPL are available to the
public in the information repositories, and a notice of availability of
the Notice of Intent for Partial Deletion has been published in the
Bozeman Daily Chronicle to satisfy public participation procedures
required by 40 CFR 300.425(e)(4).
Determination That the Site Meets the Criteria for Deletion
The implemented soil remedy achieves the Remedial Action Objectives
specified in EPA's 1992 ROD and the subsequent ESDs for all soil
pathways of exposure. No further Superfund responses are needed to
protect human health and the environment at the Site.
The NCP (40 CFR 300.425(e)) states that a portion of a site may be
deleted from the NPL when no further response action is appropriate.
The EPA, in consultation with the State of Montana, has determined that
all required response actions have been implemented for the soil
component of the remedy and no further response action by responsible
parties is appropriate.
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: July 1, 2019.
Gregory E. Sopkin,
Regional Administrator, Region 8.
[FR Doc. 2019-15305 Filed 7-18-19; 8:45 am]
BILLING CODE 6560-50-P