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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6430-8]

National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete Joseph Forest Products site from the

National Priorities List; request for comments.

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SUMMARY: The Environmental Protection Agency (EPA), Region 10,

announces its intent to delete the Joseph Forest Products (JFP) Site in

Wallowa County, Oregon 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 and

the State of Oregon Department of Environmental Quality (ODEQ) have

determined that the Site poses no significant threat to public health

or the environment and, therefore, further remedial measures pursuant

to CERCLA are not appropriate.

DATES: Comments concerning this Site may be submitted on or before

September 30, 1999.

ADDRESSES: Comments may be mailed to Chip Humphrey, Environmental

Protection Agency, 811 SW Sixth Avenue, Portland, Oregon 97204.

Comprehensive information on this Site is available through the

Region 10 public docket which is available for viewing at the JFP Site

information repositories at the following locations:

Wallowa County Planning Department, County Courthouse, Enterprise,

Oregon 97828; or

United States Environmental Protection Agency, Region 10 Office of

Environmental Cleanup--Records Center, Attn: Bob Phillips, 1200 Sixth

Avenue, Mail Stop ECL-110, Seattle, Washington 98101.

FOR FURTHER INFORMATION CONTACT: Chip Humphrey, U.S. EPA Region 10, 811

SW Sixth Avenue, Portland, Oregon 97204, (503) 326-2678.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis of Intended Site Deletion

I. Introduction

The Environmental Protection Agency (EPA), Region 10 announces its

intent to delete the Joseph Forest Products Site (``Site''), located on

Russell Lane approximately \3/4\ mile northwest of the City of Joseph

in Wallowa County, Oregon, from the National Priorities List (NPL),

appendix B of the National Oil and Hazardous Substances Pollution

Contingency Plan (NCP), 40 CFR part 300, and requests comments to this

deletion. EPA identifies sites on the NPL that appear to present a

significant risk to human health or the environment. As described in

Sec. 300.425(e)(3) of the NCP, sites deleted from the NPL remain

eligible for Fund-financed remedial actions in the unlikely event that

conditions at the site warrant such actions.

EPA will accept comments on the plan to delete this Site for thirty

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 JFP Site and explains how the

Site meets deletion criteria.

II. NPL Deletion Criteria

Section 300.425 (e) of the NCP provides that ``releases'' (sites)

may be deleted from, or recategorized on, the NPL where no further

response is appropriate. In making a determination to delete a site

from the NPL, EPA shall consider, in consultation with the state,

whether any of the following criteria have been met:

(i) Responsible parties or other parties have implemented all

appropriate response actions required;

(ii) All appropriate Fund-financed responses under CERCLA have been

implemented, and no further 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, taking of remedial measures is not appropriate.

Even if a site is deleted from the NPL, where hazardous substances,

pollutants or contaminants remain at the site above levels that allow

for unlimited use and unrestricted exposure, EPA's policy is that a

subsequent review of the site will be conducted at least every five

years after the initiation of the remedial action at the site to ensure

that the site remains protective of public health and the environment.

The first five-year review of the Site was completed in September 1998

in accordance with section 121 (c) of SARA. EPA concluded that the

Joseph Forest Products Site remains protective of the human health and

the environment. If, however, new information becomes available that

indicates a need for further action, EPA may require remedial actions.

Whenever there is a significant release from a site deleted from the

NPL, the site may be restored to the NPL without the application of the

Hazard Ranking System.

III. Deletion Procedures

The following procedures were used for the intended deletion of

this Site: (1) EPA Region 10 issued a final close out report

documenting the achievement of cleanup goals; (2) the Oregon Department

of Environmental Quality (ODEQ) concurred with the proposed deletion

decision; (3) a notice has been published in the local newspaper and

has been distributed to appropriate federal, state, and local officials

and other interested parties announcing the commencement of a 30-day

public comment period on EPA's Notice of Intent to Delete; and (4) all

relevant documents have been made available for public review in the

local Site information repository.

Deletion of the Site from the NPL does not itself, create, alter or

revoke any individual rights or obligations. The NPL is designed

primarily for information purposes to assist EPA management. As

mentioned in section II of this document, 40 CFR 300.425(e)(3) states

that deletion of a site from the NPL does not preclude eligibility for

future Fund-financed response actions.

EPA's Regional Office will accept and evaluate public comments on

EPA's Notice of Intent to Delete before making a final decision. The

Agency will prepare a Responsiveness Summary if any significant public

comments are received.

A deletion occurs when the Regional Administrator places a final

notice in the Federal Register. Generally, the NPL will reflect

deletions in the final update following the Notice. Public notices and

copies of the Responsiveness Summary will be made available to local

residents by EPA's Regional Office in Seattle, Washington.

IV. Basis for Intended Site Deletion

The following Site summary provides the Agency's rationale for the

intention to delete this Site from the NPL.

A. Site Background

The Joseph Forest Products (JFP) Superfund Site is located on

Russell Lane about \3/4\ mile northwest of the City

[[Page 47479]]

of Joseph, in Wallowa County, Oregon. The Site is approximately 18

acres and encompasses an inactive wood-treating facility located at the

site of a former lumber mill. The property is bounded by Russell Lane

to the north, and is bordered by property owned by the Clifford C.

Hinkley Estate on the east, Sequoia Forest Products to the south, and

by the Joseph Airport to the west.

The Site is located within the City of Enterprise Watershed

Protection Area. Two developed springs, located approximately 4,000

feet north of the JFP Site, supply municipal water to the City of

Enterprise (population 2,121). The Wallowa River flows within 400 feet

of the Site at its closest point on the eastern side.

B. History

The Joseph Forest Products Site was a former wood treatment

facility which operated at this location from 1974 to 1985, using a

vacuum-pressure (retort) treatment process. JFP used a water-based

chromated copper arsenate preservative. Process wastes, including wood

chips, sludge and other materials remaining in the retort, were

periodically removed and placed in a cement pit adjacent to the east

side of the treatment building.

The treatment building and surrounding buildings were destroyed by

a fire in 1974. An estimated 200 gallons of concentrated treatment

paste and approximately 3,000 gallons of treatment solution in the

storage tank were lost. It is assumed that the material was washed onto

nearby soil during fire fighting operations. JFP did not resume

treatment operations until late 1977.

The Oregon DEQ issued JFP a Notice of Violation for unauthorized

disposal and storage of hazardous waste in 1985. JFP responded by

removing empty containers and arranging for disposal of chemical wastes

from the Site. The company filed for bankruptcy and ceased operations

in 1985. By late 1985, it had become apparent that JFP's insolvency

would prevent any further corrective actions on the part of JFP.

An EPA site inspection was conducted from September 1985 through

April 1986. Field activities during the SI included installation of

monitoring wells and collection of samples of soil, surface water, and

groundwater. Water level measurements from groundwater monitoring wells

installed at the Site indicated a moderate gradient toward to the

northeast in the shallow surficial aquifer. The principal contamination

of concern identified in the SI was elevated levels of metals,

primarily arsenic, chromium, and copper, in soils at the Site. In

addition, the SI results indicated detectable levels of total metals in

some groundwater and surface water samples. As a result of the SI and

the subsequent HRS score, the JFP Site was nominated to the NPL.

The Joseph Forest Products Site was placed on the National

Priorities List (NPL) in 1989. ICF Technology, an EPA contractor, was

issued a work assignment by EPA to conduct a remedial investigation/

feasibility study (RI/FS) of the Site in January 1990. The RI field

investigation located and characterized highly contaminated soils in

the treatment building and drip pad areas of the Site. The following

summarizes the range (low-high) of soil contaminant concentrations (mg/

kg) for the contaminants of concern from the first phase of the RI:

Phase 1 RI Soil Contaminant Concentrations

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Area Arsenic Chromium Copper

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Treatment Building.............................................. 641-104,000 412-46,100 405-33,300

Drip Pad Area................................................... 26-23,200 33-16,200 68-18,700

Storage Areas................................................... 6-661 14-781 33-825

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Based on the results of the first phase of RI activities, a removal

action was carried out by the EPA Emergency Response Contractor in

October and November 1991. EPA determined that the removal action was

necessary because the highly contaminated soils posed a threat to

groundwater. Approximately 1,068 tons of highly contaminated soils

adjacent to the treatment building and drip pad were excavated and

transported to the ESI hazardous waste disposal facility in Idaho for

disposal. Security fencing was also installed around the treatment

building to prevent access. During the excavation it was determined

that the treatment building foundation and soil beneath the building

were also contaminated, and that the contaminated material could not be

removed without demolishing the treatment building.

ICF Technology, the EPA contractor, collected and analyzed post-

removal data for soils in the drip pad area, and completed the

characterization of contamination at the treatment building, the lumber

storage areas, and lumber drying building. Although a significant

reduction in the volume of highly contaminated soil in the treatment

building/drip pad areas was achieved during the removal action in the

fall of 1991, highly contaminated soil (similar to pre-removal maximum

values) remained where the soil was not removed. The contractor also

performed quarterly monitoring of the monitor wells, on-site spring,

and City of Enterprise water supply springs. Groundwater monitoring was

performed in October 1990; January, April, and September 1991; and

April 1992. Results for the October 1990 sampling event showed that

monitoring well MW2, which is located directly downstream and adjacent

to the treatment building location, showed levels of arsenic (82 ug/l

and 168 ug/l for the sample and the sample duplicate, respectively)

above the Safe Drinking Water Act Maximum Contaminant Level (MCL).

Three on-site monitoring wells also showed total chromium levels

slightly above the MCL. Results for the other sampling events showed

very low but detectable levels of metals (below the MCL) for all of the

on-site and off-site monitoring wells. There has been no evidence of

contamination of the City of Enterprise's water supply.

The risk assessment indicated a potential risk of exposure by

ingestion of soil and groundwater under current and future use

scenarios. The greatest potential risk at the Site was due to

carcinogenic and noncarcinogenic effects from ingestion of contaminated

soils. Arsenic was the contaminant posing the greatest health risk.

The RI/FS were completed in September 1992. EPA issued a Proposed

Plan describing the preferred alternative for Site cleanup in August

1992.

EPA issued a ROD on September 30, 1992 which selected the following

remedy:

Excavation of contaminated surface and subsurface soil to

specified cleanup levels, demolition of the treatment building,

decontamination of the drip pad and treatment equipment, and off-site

disposal of soils and debris.

[[Page 47480]]

Excavation of abandoned Underground Storage Tanks (USTs),

decontamination of the tanks if any residuals are present, and

transport of the tanks off-site for disposal or salvage as scrap metal.

Contaminated soil would be excavated and disposed off-site.

Removal of asbestos from the abandoned wood drying

building and off-site disposal in a trench meeting regulatory

requirements for asbestos waste disposal.

Use of institutional controls such as deed restrictions,

or use of an environmental notice to ensure appropriate consideration

of Site conditions in future land use decisions.

Implement a groundwater monitoring program to verify that

contaminant levels in all wells and the City of Enterprise water supply

allow for unlimited use.

The selected remedy eliminates the principal threat posed by the

conditions at the Site by reducing the potential for human exposure to

high concentrations of metals detected in the Site soils.

Based on the nature of the cleanup and EPA's desire to complete the

remedy prior to the early summer high groundwater season, EPA decided

to complete the remedy through a Removal Action. EPA executed an

Interagency Agreement with the US Army Corps of Engineers (USACE) to

carry out the remedy and a Final Project Work Plan was completed in

February 1993. The JFP Site Removal Action was initiated on March 31,

1993. The removal action was carried out by OHM Remediation Services

under a contract with the Corps of Engineers.

Demolition of the treatment building began on April 1, 1993. The

wooden structure was completely removed and shredded and internal tanks

were relocated to a staging area for cleaning. Contaminated pipes and

pump equipment were stockpiled for disposal. The concrete slab and sump

were broken and removed to a stockpile area.

The mixing tank, solution holding tank and retort vessel from the

treatment building were cleaned using a vacublast system. The system

used an aluminum oxide grit that was applied under pressure to the

contaminated surface and collected the contaminated grit. After

cleaning, the tanks were inspected and picked up by a local scrap

dealer for recycling. Decontamination of the drip pad was also

completed using the vacublast equipment.

Asbestos fabric removal was completed and a penetrating encapsulant

was applied to the walls of the lumber drying building by a licensed

asbestos subcontractor. The underground storage tanks were removed and

disposal was completed in accordance with state requirements.

Excavation, off-site disposal of contaminated soils and debris, and

backfilling with clean fill was completed on May 9, 1993. A total of

1,642 tons of soil and debris was disposed at the ESI hazardous waste

disposal facility and 4,801 tons of contaminated soil and debris was

disposed at the Finley Buttes special waste landfill in Oregon.

C. Characterization of Risk

Prior to cleanup, the preliminary environmental pathways of concern

were potential direct contact with contaminated soil and debris and

potential ingestion of contaminated ground water. The arsenic and

chromium contamination in the Site soils were associated with an excess

lifetime cancer risk of approximately 5 x 10 -3. The risk assessment

estimated a Hazard Index value of 82 for noncancer health effects for

the highly contaminated soil in the treatment building area. Cleanup

standards for the Site were developed based on risk-based remedial

action objectives in the ROD. EPA selected cleanup goals of 36 mg/kg

arsenic for surface soil and 336 mg/kg arsenic for subsurface (greater

than 2 ft. depth) soil. EPA selected the more stringent cleanup level

for surface soil because this is where the greatest potential for human

contact exists. It is also approximately equal to the 1 * 10 -4 risk

level assuming future residential scenarios and, although the current

zoning is for industrial use, there are residents located near the

Site. The ROD also established chromium and copper cleanup levels of

1,351 mg/kg and 10,000 mg/kg, respectively, associated with Hazard

Index of 1.

The remedial action objectives for groundwater protection were to

prevent migration of arsenic and chromium from soil resulting in

groundwater concentrations above MCLs. The MCLs are 50 ug/l for arsenic

and 100 ug/l for chromium. The soil cleanup meets the objectives for

groundwater protection by removing the source of contamination.

Confirmatory soil sampling verifies that the Site has achieved the

ROD cleanup objective, that arsenic has been removed to levels below 36

mg/kg for surface soil and 336 mg/kg for subsurface soil and that

chromium and copper have been removed to levels below 1,351 mg/kg and

10,000 mg/kg, respectively for both surface and subsurface soil. The

ROD required that the existing monitoring network of wells and springs

be sampled semi-annually for a period of two years following completion

of the remedial action. The primary purpose of the monitoring was to

verify that the City's water supply has been adequately protected. The

results from samples collected by EPA and DEQ since the cleanup was

completed have shown that none of the monitoring well locations or

springs have measured levels of metal concentrations above the MCLs for

either total or dissolved metals. The ROD also provided that monitoring

results be evaluated after two years to determine whether monitoring

should be continued. DEQ completed the final round of groundwater and

surface water sampling in 1996. EPA and DEQ subsequently determined

that the groundwater and surface water monitoring required by the ROD

has been completed and no further monitoring will be required.

All cleanup actions specified in the ROD have been implemented.

Furthermore, EPA has removed all other contamination detected to

acceptable risk levels. Confirmatory groundwater sampling and

backfilling the Site with clean soil provide further assurance that the

Site no longer poses any threats to human health or the environment.

Removal of contaminated soil and debris has eliminated direct contact

as a potential route of exposure and removed the source of ground-water

contamination.

With the implementation and completion of all remedial activities,

the Site no longer poses any threat to human health or the environment,

insuring that no further action is required. With the exception of

abandoning of monitoring wells, there are no other operation and

maintenance activities to be performed at the Site.

The ROD required institutional controls such as deed restrictions,

or use of an environmental notice to ensure appropriate consideration

of Site conditions in future land use decisions. EPA reviewed a copy of

the warranty deed to confirm that it includes the environmental notice,

and provides for EPA and DEQ access for cleanup activities, including

water sampling and testing, and monitor well abandonment. EPA believes

that the institutional controls as stated in the ROD and as implemented

are protective.

EPA conducted a five-year review of the Site in September, 1998.

The review included a visual inspection of the Site and review of the

institutional controls. EPA determined that the Site remains protective

of human health and the environment.

D. Public Participation

EPA conducted meetings and interviews with local officials and

other

[[Page 47481]]

members of the community in April 1990, and published the Community

Relations Plan for the Site in June 1990. EPA also established a

mailing list for distribution of fact sheets and other information

updating Site activities. An information repository, which included the

administrative record for the Site, was established at the Wallowa

County Planning Department to make information about the Site available

for public review. EPA attended Enterprise City Council meetings during

the investigation and cleanup to provide updates on planning and

construction activities.

A public comment period was held from August 17, 1992 to September

16, 1992 on EPA's proposed remedial action and other alternatives. No

comments were received and no public hearings were requested.

A copy of the Deletion Docket can be reviewed by the public at the

Wallowa County Planning Department, or the EPA Region 10 Superfund

Records Center. The Deletion Docket includes this Notice, the Removal

Action Memos, the ROD, Remedial Action Construction Report, and Final

Site Close-Out Report. EPA Region 10 will also announce the

availability of the Deletion Docket for public review in a local

newspaper and informational fact sheet.

One of the three criteria for deletion specifies that EPA may

delete a site from the NPL if ``all appropriate Fund-financed responses

under CERCLA have been implemented, and no further action by

responsible parties is appropriate.'' EPA, with the concurrence of

ODEQ, believes that this criterion for deletion has been met. Soil and

groundwater data from the Site confirm that the ROD cleanup goals have

been achieved. There is no significant threat to human health or the

environment and, therefore, no further remedial action is necessary.

Consequently, EPA is proposing deletion of this Site from the NPL.

Documents supporting this action are available in the docket at the

information repositories.

Dated: August 24, 1999.

Charles E. Findley,

Acting Regional Administrator, Region 10.

[FR Doc. 99-22632 Filed 8-30-99; 8:45 am]

BILLING CODE 6560-50-P