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

Federal RegisterSep 27, 1996

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5615-4]

National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent for partial deletion of the Lakewood Site from

the national priorities list.

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SUMMARY: The United States Environmental Protection Agency (EPA) Region

10 announces its intent to delete the soil unit of the Lakewood Site

located in Lakewood (Pierce County), Washington, from the National

Priorities List (NPL) and requests public comment on this action. The

NPL constitutes Appendix B to the National Oil and Hazardous Substances

Pollution Contingency Plan (NCP), 40 CFR Part 300, which EPA

promulgated pursuant to Section 105 of the Comprehensive Environmental

Response, Compensation, and Liability Act (CERCLA). This partial

deletion of the Lakewood Site is proposed in accordance with 40 CFR

300.425(e) and the Notice of Policy Change: Partial Deletion of Sites

Listed on the National Priorities List. 60 FR 55466 (Nov. 1, 1995).

This proposal for partial deletion pertains to the soil unit and

includes all contaminated soil/sludge on the Plaza Cleaners (a dry

cleaner) property, which was the source of the soil and ground-water

contamination at the Lakewood Site. A plume of contaminated ground

water, resulting from former disposal practices at the dry cleaner, is

treated via air stripping at the Lakewood Water District production

wells. The ground-water unit will remain on the NPL, and treatment via

air stripping will continue at the Lakewood Water District production

wells. EPA bases its proposal to delete the soil unit at the Lakewood

Site on the determination by EPA and the State of Washington Department

of Ecology (Ecology), that all appropriate actions under CERCLA have

been completed to protect human health, welfare and the environment

related to soil contamination at the site.

DATES: EPA will accept comments concerning its proposal for partial

deletion for thirty (30) days after publication of this document in the

Federal Register and a newspaper of record.

ADDRESSES: Comments may be mailed to: Ms. Ann Williamson, Superfund

Site Manager, U.S. EPA, Region 10 (M/S ECL-113), 1200 Sixth Avenue,

Seattle, Washington 98101, 1-800-424-4372 or (206) 553-2739.

INFORMATION REPOSITORIES: Comprehensive information on the Lakewood

Site as well as information specific to this proposed partial deletion

is available for review at EPA's Region 10 office in Seattle,

Washington, and at the information repositories listed below. Since

this site predates the Superfund Amendments and Reauthorization Act

(SARA), no Administrative Record exists; however, the Site File and the

Deletion Docket for this partial deletion are maintained at EPA Region

10's Regional Office Superfund Records Center, 1200 Sixth Avenue,

Seattle, Washington 98101. The Record Center's hours of operation are

8:30-4:30 p.m., Monday-Friday, and the Records Center staff can be

reached at (206) 553-4494.

Other information repositories where the Deletion Docket is

available for public review include:

Lakewood Library, 6300 Wildaire Road Southwest, Tacoma, Washington

Tacoma Public Library, 1102 Tacoma Avenue, Northwest Room, Tacoma,

Washington.

FOR FURTHER INFORMATION CONTACT: Ann Williamson, 206-553-2739.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Partial Site Deletion

I. Introduction

The United States Environmental Protection Agency (EPA) Region 10

announces its intent to delete a portion of the Lakewood Site, located

in Lakewood (Pierce County), Washington, from the National Priorities

List (NPL), which constitutes Appendix B of the National Oil and

Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR Part 300,

and requests comments on this proposal. This proposal for partial

deletion pertains to the soil unit, and includes all contaminated soil/

sludge on the Plaza Cleaners (a dry cleaner) property, which was the

source of the soil and ground-water contamination at the site. A plume

of contaminated ground water, resulting from former disposal practices

at the dry cleaner, is treated via air stripping at the Lakewood Water

District production wells. The primary contaminant in soil was

perchloroethylene (PERC). The soil unit was confined to an area on the

Plaza Cleaners property. The site boundary, including the plume of

contaminated ground water, is predominantly residential to the north of

the Burlington Northern Railroad tracks and commercial/light industrial

along the Pacific Highway. Lakewood Water District's two production

wells are located on a fenced site immediately south of Plaza Cleaners,

across Interstate 5. Residential property lies to the east, and McChord

Air Force Base to the southeast of the wells.

In July 1981, EPA sampled drinking water wells in the Tacoma area

for contamination by volatile organic compounds. The tests indicated

that the Lakewood Water District production wells, H1 and H2, were

contaminated with trichloroethylene (TCE), tetrachloroethylene (PERC),

and cis-1,2 dichloroethylene (cis-1,2 DCE). In August 1981, the

Lakewood Water District took these wells temporarily out of production

and notified its customers of the problem. EPA installed 24 monitoring

wells, and contaminated surficial soil in the source area was

excavated. Following the shutdown of the wells, the Washington State

Department of Ecology (Ecology) and EPA conducted several

investigations and cleanup activities. Soil on the Plaza Cleaners

property was contaminated with PERC, a solvent that Plaza Cleaners used

in their dry cleaning process.

[[Page 50789]]

Ecology determined that solvents used in the dry cleaning process were

dumped onto the ground and into three on-site, bottomless septic tanks,

causing the soil contamination. Ecology sampled septic tanks on the

Plaza Cleaners property between October 1981 and January 1983. The

Lakewood Site was added to the NPL on December 30, 1982.

In April 1983, Ecology issued an enforcement order requiring Plaza

Cleaners to cease dumping solvent-containing materials into the septic

system. A stipulated agreement for remedial action was reached between

Ecology and Plaza Cleaners in September, 1983. Plaza Cleaners agreed to

discontinue their prior solvent disposal practices, install a system

for reclaiming cleaning solvents, and send drummed waste water and

sludge to a suitable off-site disposal facility. The contents of the

septic tanks were removed and the tanks backfilled to reduce the

potential for further contamination during the EPA remedial action.

Plaza Cleaners successfully fulfilled the terms of the agreement.

In May 1984, EPA completed a focused feasibility study identifying

an interim remedial action (IRM) needed to address those contaminant

problems posing the most immediate threat at the site. The objectives

of the IRM were to: (1) restrict the spread of contamination within the

aquifer; (2) restore normal water service to the area; (3) and,

initiate ground-water treatment as quickly as possible. By November 15,

1984, two air strippers had been installed to treat wells H1 and H2 and

were fully operational following implementation of the IRM.

EPA's contractor conducted a remedial investigation from August

1984 to July 1985 to further determine the extent of ground-water

contamination at the site, test the soil at Plaza Cleaners for

remaining contaminants, and determine whether other sources were

contributing to the ground-water problem. The field work conducted

during the RI included:

Installation of nine deep and three shallow monitoring

wells to provide a comprehensive picture of the ground-water regime

(e.g. flow patterns, hydraulic connections between layers); determine

the nature/extent of ground-water contamination; and, identify possible

sources of the contamination.

Excavation of the waste line at Plaza Cleaners and

drilling of seven soil borings to determine the extent/character of

remaining sources of contamination at Plaza Cleaners, and to determine

if other sources besides Plaza Cleaners exist.

Collection of samples for field and laboratory analysis to

determine the extent/concentration of soil and aquifer contamination

within the study area.

The dry cleaning operation's discharge of solvents into its

bottomless (i.e. permeable) septic system and the disposal of other

wastes containing solvents onto the ground outside their building were

suspected of causing the soil and ground-water contamination. It was

later confirmed that contamination had resulted from effluent

discharges from septic tanks behind the Plaza Cleaners building and

sludge disposal on the ground surface. Ecology found that supernatant

(liquid overlying material deposited by settling or precipitation) in

the dry cleaner's septic system contained 550 parts per billion (ppb)

PERC and 29 ppb TCE.

Data for the two production wells (H1 and H2) ranged from 100 to

500 ppb PERC prior to initiating the ground-water treatment.

Contaminant concentrations decreased rapidly after several days of

pumping, and have continued to decrease. Maximum and mean

concentrations in other ground-water monitoring wells within the study

area prior to treatment were: PERC--922 ppb and 16 ppb, respectively,

and: TCE--57 ppb and 3 ppb, respectively. The only detected

concentration for cis-1,2 DCE was 85 ppb in a monitoring well

upgradient of the production wells.

The RI indicated that PERC contamination in soil was highest where

solvent-contaminated wastes were intentionally disposed on the ground

surface. Except for several small pockets of contamination, most of the

PERC from the soil borings and test pit was located in the upper 12 to

13 feet of soil in the immediate vicinity of the dry cleaner's septic

tanks and drain field. Where it was detected, PERC concentrations

ranged from 11 to 3,800 ppb. The average PERC concentration in soil was

500 ppb. Maximum TCE and cis-1,2 DCE concentrations in soil were 5 ppb

and 4 ppb, respectively.

The feasibility study for the Lakewood site was published in July

1985, and the ROD was signed shortly thereafter on September 30, 1985.

The remedy selected in the ROD consisted of the following major

elements:

Continued operation of the H1-H2 production wells'

treatment system to cleanup the aquifer. Installation of higher

efficiency equipment or modification of existing energy reducing

equipment used in the treatment system.

Installation of additional monitoring wells, upgrading of

existing wells, and continuation of routine sampling and analysis of

the aquifer to monitor progress and provide early warning of potential

new contaminants.

Excavation and removal of contaminated septic tanks and

drain field piping to avoid the possible spread of contamination via

uncontrolled excavation (i.e., future property development). The septic

tanks were found to be bottomless, and, therefore, they were not

removed.

Placement of administrative restrictions on the

installation and use of ground-water wells and on excavation into the

contaminated soils to minimize the potential for use of contaminated

ground water and reduce the risks associated with uncontrolled

excavation.

An amended ROD was signed on November 14, 1986. All of the selected

remedies and administrative restrictions in the September 30, 1985 ROD

for the aquifer unit remained the same. Additions or modifications to

the soil unit cleanup were as follows:

Installation of an SVES covering the area of soil

contamination over and around the historical drain field on-site to

extract PERC from the remaining contaminated soil.

Reduction in the amount of septic tank contents to be

removed and treated off-site. At that time, the capability of off-site

disposal consistent with the CERCLA off-site policy was not available

within Region 10 for the proposed 900 cubic yards of soil requiring

removal, as called for in the original ROD. Therefore, contaminated

solids and any water were removed from the septic tanks and disposed

off-site. The remainder of the contaminated soil within the septic

tanks and around the historical drain field was treated via SVES.

During implementation of the remedy in the original ROD, the septic

tanks were found to be bottomless, were left in place, and the soil

treated via SVES.

Soil and vapor testing continued until soil treatment was

deemed complete.

In 1987, the SVES was installed within the contaminated area to

extract PERC from the shallow unsaturated soil at the site. Soil

sampling in 1990 indicated elevated concentrations of PERC at about 12

feet below the surface. Based on concerns that the SVES would not be

able to reduce PERC concentrations below the 500 ppb cleanup level, EPA

excavated the contaminated sludge and soil from the area, and disposed

of it off-site. On-site soil remediation activities were completed in

July 1992, including the dismantling and decommissioning of the SVES.

Subsequent sampling

[[Page 50790]]

confirmed that attainment of the 500 ppb soil cleanup goal had been

achieved. No further action is necessary to protect human health and

the environment in relation to soil contamination at the Site.

Cleanup goals for the site contaminants were identified in an

Explanation of Significant Differences (ESD) published on September 15,

1992. EPA published ground-water cleanup levels at 5.0 ppb for PERC and

TCE, and 70 ppb for cis-1,2 DCE consistent with the federal maximum

contaminant levels (MCLs). These concentrations are also the cleanup

standards under the State of Washington's Model Toxics Control Act

(MTCA) regulations Methods A and B. The soil cleanup level for PERC was

set at 500 ppb, in compliance with MTCA Method A requirements (based on

protection of ground water), is within EPA's acceptable risk range of

10-4 to 10-6, and is protective of ground water.

The ESD also documented additional revisions needed in order to

comply with the original ROD, amended ROD and regulatory requirements.

The additional issues requiring revision were: (10 further remedial

action necessary to remove the source of the contamination at the site,

and (2) elimination of the requirement to implement institutional

controls on land and ground-water use.

The institutional controls requirement on soil, as called for in

the ROD and amended ROD, was addressed in the ESD as follows:

The success of the final soil remedial action eliminated

the need for institutional controls on land use.

EPA proposes to delete the soil unit because all appropriate CERCLA

response activities have been completed in those areas where soil

contamination exceeded the cleanup level. However, response activities

at the groundwater unit are not yet complete, and the site will remain

on the NPL and is not the subject of this partial deletion.

The NPL is a list maintained by EPA of sites that EPA has

determined present a significant risk to human health, welfare, or the

environment. Sites on the NPL may be the subject of remedial actions

financed by the Hazardous Substance Superfund (Fund). Pursuant to 40

CFR Sec. 300.425(e) of the NCP, any site or portion of a site deleted

from the NPL remains eligible for Fund-financed remedial actions if

conditions at the site warrant such action.

EPA will accept comments concerning its intent for partial deletion

for thirty (30) days after publication of this notice in the Federal

II. NPL Deletion Criteria

The NCP establishes the criteria that EPA uses to delete sites from

the NPL. In accordance with 40 CFR Sec. 300.425(e), sites may be

deleted from the NPL where no further response is appropriate to

protect human health or the environment. In making such a determination

pursuant to section 300.425 (e), EPA will consider, in consultation

with the State, whether any of the following criteria have been met:

Section 300.425(e)(1)(i). Responsible parties or other persons have

implemented all appropriate response actions required; or

Section 300.425(e)(1)(ii). All appropriate Fund-financed response

under CERCLA has been implemented, and no further response action by

responsible parties is appropriate; or

Section 300.425(e)(1)(iii). The remedial investigation has shown

that the release poses no significant threat to human health or the

environment and, therefore, taking of remedial measures is not

appropriate.

Deletion of a portion of a site from the NPL does not preclude

eligibility for subsequent Fund-financed actions at the area deleted if

future site conditions warrant such actions. Section 300.425(e)(3) of

the NCP provides that Fund-financed actions may be taken at sites that

have been deleted from the NPL. A partial deletion of a site from the

NPL does not affect or impede EPA's ability to conduct CERCLA response

activities at areas not deleted and remaining on the NPL. In addition,

deletion of a portion of a site from the NPL does not affect the

liability of responsible parties or impede agency efforts to recover

costs associated with response efforts.

III. Deletion Procedures

Deletion of a portion of a site from the NPL does not itself

create, alter, or revoke any person's rights or obligations. The NPL is

designed primarily for informational purposes and to assist Agency

management.

The following procedures were used for the proposed deletion of the

soil unit at the Lakewood Site:

(1) EPA has recommended the partial deletion and has prepared the

relevant documents.

(2) The State of Washington, through the Washington Department of

Ecology, concurs with this partial deletion.

(3) Concurrent with this national Notice of Intent for Partial

Deletion, a notice has been published in a newspaper of record and has

been distributed to appropriate federal, State, and local officials,

and other interested parties. These notices announce a thirty (30) day

public comment period on the deletion package, which commences on the

date of publication of this notice in the Federal Register and a

newspaper of record.

(4) EPA has made all relevant documents available at the

information repositories listed previously.

This Federal Register document, and a concurrent notice in a

newspaper of record, announce the initiation of a thirty (30) day

public comment period and the availability of the Notice of Intent for

Partial Deletion. The public is asked to comment on EPA's proposal to

delete the soil unit from the NPL. All critical documents needed to

evaluate EPA's decision are included in the Deletion Docket and are

available for review at the EPA Region 10 information repositories.

Upon completion of the thirty (30) day public comment period, EPA

will evaluate all comments received before issuing the final decision

on the partial deletion. EPA will prepare a Responsiveness Summary for

comments received during the public comment period and will address

concerns presented in the comments. The Responsiveness Summary will be

made available to the public at the information repositories listed

previously. Members of the public are encouraged to contact EPA Region

10 to obtain a copy of the Responsiveness Summary. If, after review of

all public comments, EPA determines that the partial deletion from the

NPL is appropriate, EPA will publish a final notice of partial deletion

in the Federal Register. Deletion of the soil unit does not actually

occur until the final Notice of Partial Deletion is published in the

Federal Register.

IV. Basis for Intended Partial Site Deletion

The following provides EPA's rationale for deletion of the soil

unit from the NPL and EPA's finding that the criteria in 40 CFR

Sec. 300.425(e) are satisfied.

Background

The Lakewood Site is located in Lakewood (Pierce County),

Washington and includes property upon which a business known as Plaza

Cleaners has operated for several years. The regional aquifer is

contaminated within about a 2,000-foot radius down gradient from the

Plaza Cleaners.

The area is predominantly residential to the north of the

Burlington Northern Railroad tracks, and commercial/light industrial

along the Pacific Highway. Lakewood Water District has two of its

[[Page 50791]]

production wells (H1 and H2) on a fenced site immediately south of

Plaza Cleaners, across Interstate 5. Residential property lies to the

east, and McChord Air Force Base to the southeast of the wells. In July

1981, EPA sampled drinking water wells in the Tacoma area for

contamination by volatile organic compounds. The tests indicated that

the Lakewood Water District production wells, H1 and H2, were

contaminated with trichloroethylene (TCE), tetrachloroethylene (PERC),

and cis-1,2 dichloroethylene (cis-1,2 DCE). In August 1981, the

Lakewood Water District took these wells temporarily out of service and

notified its customers of the problem. EPA installed 24 monitoring

wells, and contaminated surficial soil in the source area was

excavated. Following the shutdown of the wells, Ecology and EPA

conducted several investigations and cleanup activities. Soil on the

Plaza Cleaners property was contaminated with PERC, a solvent they used

in their dry cleaning process. Ecology determined that solvents used in

the dry cleaning process were dumped onto the ground and into three on-

site, bottomless septic tanks, causing contamination of the soil.

Ecology sampled septic tanks on the Plaza Cleaners site between October

1981 and January 1983. In April 1983, Ecology issued an enforcement

order requiring Plaza Cleaners to cease dumping solvent-containing

materials into the septic system. The contents of the septic tanks were

later removed and the tanks backfilled to reduce the potential for

further contamination during the EPA remedial action.