[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)] [Proposed Rules] [Pages 42404-42407] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-20589] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [FRL-5552-6] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List AGENCY: Environmental Protection Agency. ACTION: Notice of Intent to Delete Alcoa (Vancouver Smelter) NPL Site from the National Priorities List Update: Request for Comments. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) Region 10 announces its intent to delete the Alcoa (Vancouver Smelter) NPL Site from the National Priorities List (NPL) and requests public comment on this proposed action. The NPL constitutes Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which EPA promulgated pursuant to Section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended. EPA and the State of Washington Department of Ecology (Ecology) 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 16, 1996. ADDRESSES: Comments may be mailed to: Lynda Priddy, Environmental Protection Agency, 1200 Sixth Avenue, Mail Stop ECL-113, Seattle, Washington 98101. Comprehensive information on this Site is available through Ecology which is available for viewing at the Alcoa Site information repositories at the following locations: Fort Vancouver Regional Library, Main Branch, 1007 East Mill Plain Blvd., Vancouver, WA 98633 Washington Department of Ecology, Industrial Section, 2404 Chandler Court SW, Suite 200, Olympia, WA 98502. The deletion docket for the deletion of the Alcoa Site is available through EPA at the following locations: U.S. Environmental Protection Agency, Region 10, 1200 6th Street, Records Center, Seattle, WA 98115 Fort Vancouver Regional Library, Main Branch, 1007 East Mill Plain Blvd., Vancouver, WA 98633. FOR FURTHER INFORMATION CONTACT: Lynda Priddy, U.S. EPA Region 10, 1200 Sixth Avenue, Mail Stop: ECL-113, Seattle, Washington 98101, (206) 553- 1987. 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 [[Page 42405]] delete a site from the National Priorities List (NPL) Appendix B of the National Oil and Hazardous Substances Contingency Plan (NCP), 40 CFR Part 300, and requests comments on 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 federal Fund-financed remedial actions or state action under the Model Toxics Control Act (MTCA) in the unlikely event that conditions at the site warrant such actions. EPA plans to delete the Alcoa (Vancouver Smelter) Site (``Site'') at 5701 NW Lower River Road, Vancouver, Washington, from the NPL. 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 Alcoa (Vancouver Smelter) NPL Site and explains how the Site meets the 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 human health and the environment. In the case of the Alcoa Site, hazardous substances remain at the Site above health-based levels, therefore, access to the Site has been restricted, deed restrictions and institutional controls have been imposed, groundwater monitoring and periodic five-year reviews will be required. In addition, in the event that there is a significant release from a site deleted from the NPL, the site may be restored to the NPL without application of the Hazard Ranking System. III. Deletion Procedures The following procedures have been used for the intended deletion of this Site: (1) Ecology has issued a Preliminary Close Out Report (PCOR) which documented the completion of remedial activities; (2) Ecology has issued a letter certifying that no further remedial action is expected and that the remedy is protective of human health and the environment; (3) EPA has concurred with Ecology's finding that the remedy is protective of human health and the environment; (4) Ecology has concurred with the proposed deletion decision; (5) A notice has been published in the local newspaper and 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, (6) All relevant documents have been made available for public review in the local Site information repositories. Deletion of the Site from the NPL does not in itself, create, alter or revoke any individual rights or obligations. The NPL is designed primarily for informational purposes to assist Agency 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 federal Fund-financed response actions or future actions under the state's MTCA. EPA's Regional Office will accept and evaluate public comments on the 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 action 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 placed in the local repositories and made available to local residents by the Regional Office. IV. Basis for Intended Site Deletion The following site summary provides the Agency's rationale for the intention to delete the Site from the NPL. A. Site Background The Alcoa Site in located in Vancouver, Clark County, Washington, approximately three miles northwest of downtown Vancouver, Washington and approximately 300 to 500 feet north of the Columbia River. The site is found at the southeastern corner of the VANALCO smelter complex located at 5701 NW Lower River Road, Vancouver. The site has been used for industrial purposes since World War II and is currently zoned for heavy industry. The area is changing from a mixture of agriculture and heavy industry to commercial and heavy industry. The site consists of three waste piles, contaminated soil under waste piles and subsurface contaminated strata and groundwater. The Alcoa facility has produced aluminum since 1940 using the Hall- Heroult electrolytic cell process. The process is an electrochemical reduction reaction in which aluminum oxide is dissolved in a bath of molten salts (cryolite) at a temperature of 1760 degrees. An electric current is passed through the cell causing the reduction of alumina to aluminum. The entire process occurs in a steel shell or pot that is lined with insulation material and carbon, known as potlining. In order to retain the purity of the molten aluminum and the structural integrity of the cell, the molten aluminum and cryolite mixture must be kept isolated from the steel shell of the pot. Over time, the carbon lining materials become impregnated with the molten cryolite solution, eventually threatening the integrity of the steel and carbon shell. The pot is drained and the carbon and insulation materials replaced. The carbon that is removed from failed pots, is known as spent potlining. Spent potlining consists of carbon, fluoride, aluminuma and sodium, with minor amounts of calcium, silica, iron and cyanide and is a listed (K088) dangerous waste. B. History * Early 1950's-1973: Spent pot lining was shipped off-site to the Reynolds Aluminum Plant in Livingston, Washington and recycled. * 1973-1981: Pot liner waste piles were formed on site. They were not covered and were exposed to normal precipitation. Fluoride and cyanide leached out of the exposed pot liner and contaminated soils and ground water below the piles. * 1977: Alcoa installed nine shallow monitoring wells in the vicinity of the three waste piles. Sampling of these wells discovered groundwater contamination. [[Page 42406]] * 1978, 1981: The piles were covered with plastic and clean sand. * 1986: As a result of increasing cyanide in the monitoring wells, Ecology ordered Alcoa to conduct a program to assess the groundwater contamination at the site and to evaluate potential cleanup actions. * 1987: Alcoa submitted to Ecology a Remedial Investigation and Feasibility Report. The investigation revealed that the groundwater contamination extended to the Columbia River. The report identified four water bearing zones at the site, three of which were contaminated with concentrations of cyanide and fluoride above drinking water standards. * 1989: EPA identified Ecology as the Lead Agency for cleanup activities at the site. The Agency for Toxic Substances and Disease Registry conducted a site visit, reviewed available data and made several recommendations regarding remediation. * 1990: The site was placed on the NPL by EPA. * 1992: Ecology issued a final Cleanup Action Plan (CAP) under MTCA and filed a Consent Decree with Alcoa in State Court. Remedial action was started and completed. Alcoa's final remedial action report was submitted to Ecology. * 1994: Remedial requirements of the Consent Decree (described in the next section) have been met by Alcoa. Ecology certifies that the construction phase has been completed. * 1996: Ecology issues a Preliminary Close Out Report (PCOR) and certifies that all remedial action specified in the CAP has been completed, no further action is expected and that the remedy is protective of human health and the environment. C. Remedial Action Selected and Implemented On February 7, 1992, Ecology, as the Lead Agency and pursuant to MTCA, issued the CAP (equivalent to the CERCLA Record of Decision) for the Alcoa Site. The CAP lists the cleanup goals for the site, presents the different cleanup alternatives that were examined, and presents Ecology's selected site cleanup method. The elements of the selected remedial action and a description of the remedial activities performed, are: * Removal of approximately 66,000 tons (47,500 cubic yards) of spent potlining and reclaimed alumina insulation and disposal at a RCRA-permitted hazardous waste landfill. Source control was accomplished by the removal of 71,758.91 tons of potliner material to Chem-Security Systems, Inc., Arlington, Oregon, a permitted hazardous waste landfill. The potliner material was excavated by using conventional excavation equipment. * Characterization of soils below existing potlining piles. The contaminated soils beneath the piles were sampled for cyanide and fluoride once the potliner was removed. * Capping contaminated soils with 50 mil HDPE or 40 mil PVC liner and covering with two feet of sand with top soil. The capped area shall be fenced and graded to drain. A 50 mil high density polyethylene (HDPE) flexible membrane liner was placed on compacted sand. The liner extended beyond the limits of the removed pile. A one foot by one foot anchor trench was excavated around the perimeter of the cap to hold the liner in place. Eighteen to twenty-four inches of clean sand was placed over the entire area. The sand was placed so the capped area would drain from north to south. Upon completion of the sand cover, six inches of topsoil was placed and compacted over the capped area. The topsoil was hydroseeded and the capped area was fenced with an eight-foot chain link fence. The purpose of this cap is to minimize further infiltration of water into the contaminated soil and thereby minimize or prevent further leaching of the contamination from the soil into the groundwater. Alcoa has inspected and performed maintenance on the cap on a quarterly during the regularly scheduled groundwater monitoring activities. Maintenance requirements for the cap include grading to maintain proper site drainage, repair of any erosion or areas of distressed vegetation, and maintenance of site perimeter fencing and warning signs. * Institutional controls to prevent the disruption of the liner and withdrawal of groundwater from the contaminated plume. Alcoa has recorded a restrictive land use covenant in the property deed for the site to ensure that no groundwater is removed for domestic purposes from the plume and that there is no interference with the cleanup action. Alcoa may use the site for industrial purposes consistent with the remedial action and the covenant. If the levels of fluoride in the groundwater reach 4.0 mg/l and free cyanide in groundwater reaches 0.2 mg/l, levels that are safe for drinking, Alcoa or the subsequent owner may request that Ecology remove the requirement for a restrictive covenant. However, Ecology may agree with that request only after a public comment period and insofar as the request is consistent with applicable law, including cleanup standards. * Continued groundwater and Columbia River surface water monitoring. Groundwater remediation will be required if fluoride and cyanide concentrations increase near the Columbia River. The concentration of cyanide and fluoride will have to increase to levels that are treatable. Subsurface flow into the Columbia River is from the deep and aquifer zones. Measurements in the Columbia River upstream and downstream from the Site show no difference in cyanide and fluoride concentrations which indicates that the Alcoa Site is not a significant source of these contaminants to the Columbia River. Ecology estimates that seepage of contaminated groundwater from the Alcoa Site into the Columbia River would add 0.001 ppb fluoride and 0.000008 ppb cyanide seepage--minimal levels of fluoride and cyanide--to Columbia River water. D. Characterization of Risk Prior to remediation, the preliminary environmental pathways of concern related to the potliner waste piles were groundwater contamination and on-site soils. Removal of spent potliner material and insulation from the site and capping the area of contaminated soil has eliminated potential surface exposure to contaminated soil and significantly reduced the source of groundwater contamination. Four years of groundwater monitoring following the remedial action indicate that concentrations of cyanide and fluoride have exceeded MCLs in the groundwater under the contaminated soil at certain times. Groundwater samples taken where the groundwater enters the Columbia River show no detections of cyanide or fluoride. Ecology does not believe that the drinking water well one mile upgradient of the Site is threatened because the groundwater is not expected to move upstream. Monitoring data in the upgradient industrial production wells indicate that fluoride and cyanide levels are below acceptable drinking water levels or MCLs, however, some monitoring wells upgradient, within 600 feet, of the capped area have shown exceedances of MCLs for cyanide and fluoride. All pathways by which environmental receptors could potentially be exposed to Site- related contaminants have been eliminated. Since hazardous substances remain on Site, operation and maintenance activities for the cap will continue, use [[Page 42407]] of the Site has been restricted, and institutional controls will remain in effect (e.g., restricted access to the Site). A long-term groundwater monitoring program has been implemented at the Site. In addition, the Site will continue to be subject to periodic five-year reviews to ensure that the remedy remains protective of human health and the environment. E. Other Activities at the Facility The NPL site was defined as the potliner waste pile area and any contamination associated with the potliner waste (e.g., cyanide and fluoride-contaminated soil and groundwater). However, some other areas of the facility were contaminated and have been addressed, separately from the NPL site, pursuant to the Model Toxics Control Act (MTCA) or the State Dangerous Waste Law. These areas include: (1) A landfill area containing TCE contamination; (2) a lagoon area containing PCBs; (3) PCB and PAH soil contamination in the Rod Mill building; (4) PCB and TPH-contamination in a parking lot. cont; (5) TPH and cyanide in a barge bludge lagoon; and (6) as a RCRA closure, tank sludge from the VANEXCO anodizing plant. More information on these activities can be found in the comprehensive Site file. See the next section for the location of the site file and deletion docket. F. Public Participation Community input has been sought by Ecology throughout the cleanup process for the Site. Community relations activities have included public meetings prior to signing the Consent Decree, several public notices in local newspapers, and routine publication of progress fact sheets. A copy of the Deletion Docket can be reviewed by the public at the Fort Vancouver Regional Library or the EPA Region 10 Records Center. The Deletion Docket includes this document, the CAP, the Project Completion Report, Consent Decree, and the PCOR. Comprehensive Site files are available for review at Fort Vancouver Regional Library, and the Washington Department of Ecology. 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 ``responsible parties or other persons have implemented all appropriate response actions required''. EPA, with the concurrence of Ecology, has determined that this criteria for deletion has been met. EPA and Ecology believe that no significant threat to human health or the environment remains because pathways of concern for exposure to contaminants no longer exist. Groundwater data show that MCLs are not exceeded at the point where groundwater from the Site enters the Columbia River and there are no drinking water wells within the area of groundwater contamination nor will any be allowed in the future. Because of the limited extent of the contaminated plume, the completed source removal, the placement of institutional controls, the technical infeasibility and lack of effectiveness of a more aggressive groundwater remedial action, and the lack of impact on the Columbia River, EPA and Ecology believe that natural attenuation over time will reduce the level of cyanide and fluoride concentrations in the groundwater under the Site. Groundwater monitoring will continue until there are no exceedances of MCLs. If new information comes available that indicates that there is a significant threat to human health or the environment then EPA or Ecology can require or conduct additional remedial action, if appropriate. Subsequently, EPA is proposing deletion of this Site from the NPL. Documents supporting this action are available from the docket. Dated: August 6, 1996. Randall F. Smith, Acting Regional Administrator, Region 10. [FR Doc. 96-20589 Filed 8-14-96; 8:45 am] BILLING CODE 6560-50-P