Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Proposed Rules 19037 

SUPPLEMENTARY INFORMATION: In the 

Final Rules section of this Federal 

Register, EPA is approving the State’s 

SIP submittal as a direct final rule 

without prior proposal because the 

Agency views this as a noncontroversial 

submittal and anticipates no adverse 

comments. A detailed rationale for the 

approval is set forth in the direct final 

rule. If no adverse comments are 

received in response to this rule, no 

further activity is contemplated. If EPA 

receives adverse comments, the direct 

final rule will be withdrawn and all 

public comments received will be 

addressed in a subsequent final rule 

based on this proposed rule. EPA will 

not institute a second comment period. 

Any parties interested in commenting 

on this action should do so at this time. 

Please note that if EPA receives adverse 

comment on an amendment, paragraph, 

or section of this rule and if that 

provision may be severed from the 

remainder of the rule, EPA may adopt 

as final those provisions of the rule that 

are not the subject of an adverse 

comment. For additional information, 

see the direct final rule which is located 

in the Rules section of this Federal 

Register. 

Dated: February 24, 2014. 

Susan Hedman, 

Regional Administrator, Region 5. 

[FR Doc. 2014–07561 Filed 4–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2003–0009; FRL–9908– 

79–Region 10] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Harbor Oil Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 10 is issuing a 

Notice of Intent to Delete Harbor Oil 

Superfund Site (Site) located in 

Portland, Oregon, from the National 

Priorities List (NPL) and requests public 

comments on this proposed action. The 

NPL, promulgated pursuant to section 

105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). EPA and the 

State of Oregon, through the Department 

of Environmental Quality, have 

determined that all appropriate 

response actions under CERCLA have 

been completed. This deletion does not 

preclude future actions under 

Superfund or under state law. 

DATES: Comments must be received by 

May 7, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2003–0009, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• Email: By sending an email to EPA 

Project Manager Christopher Cora at 

cora.christopher@epa.gov. 

• Fax: (206) 553–0124 

• Mail: Christopher Cora, U.S. 

Environmental Protection Agency, 1200 

Sixth Avenue, Suite 900, Seattle WA 

98101–3140. 

• Hand delivery: U.S. Environmental 

Protection Agency, 1200 Sixth Avenue, 

Suite 900, MS ECL–115, Seattle WA 

98101–3140. 

Such deliveries are accepted only 

during the Docket’s normal hours of 

operation. Special arrangements should 

be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–2003– 

0009. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means 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 EPA without going through http:// 

www.regulations.gov, your email 

address will be captured automatically 

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, 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 EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and should 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 at http:// 

www.regulations.gov or in hard copy at: 

EPA Superfund Records Center, 1200 

6th Ave, 7th floor, Seattle, WA 

98101–3140. 

Historic Kenton Firehouse, 8105 North 

Brandon St, Portland, OR 97217, 503– 

823–0215. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Cora, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 10, Suite 900, 1200 

Sixth Avenue, Seattle, WA 98101–3140, 

(206) 553–1478, 

cora.christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents: 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Intended Site Deletion 

I. Introduction 

EPA Region 10 announces its intent to 

delete the Harbor Oil Superfund Site 

from the National Priorities List (NPL) 

and requests public comment on this 

proposed action. The NPL constitutes 

Appendix B of 40 CFR part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP), which EPA promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) of 1980, as amended. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Sites on the NPL may be 

the subject of remedial actions financed 

by the Hazardous Substance Superfund 

(Fund). As described in 40 CFR 

300.425(e)(3) of the NCP, sites deleted 

from the NPL remain eligible for Fundfinanced remedial actions if future 

conditions warrant such actions. 

EPA will accept comments on the 

proposal to delete this site for thirty (30) 


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19038 Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Proposed Rules 

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 Harbor Oil Superfund 

Site and demonstrates how it meets the 

deletion criteria. 

II. NPL Deletion Criteria 

The NCP establishes the criteria that 

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), 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. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the State 

before developing this Notice of Intent 

to Delete. 

(2) 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, EPA has determined 

that no further response is appropriate. 

(4) The State of Oregon, through the 

Department of Environmental Quality, 

has concurred with deletion of the Site 

from the NPL. 

(5) Concurrently with the publication 

of this Notice of Intent to Delete in the 

Federal Register, a notice is being 

published in a major local newspaper, 

The Oregonian. The newspaper notice 

announces the 30-day public comment 

period concerning the Notice of Intent 

to Delete the site from the NPL. 

(6) EPA placed copies of documents 

supporting the proposed deletion in the 

deletion docket and made these items 

available for public inspection and 

copying at the Site information 

repositories identified above. 

If comments are received within the 

30-day public comment period on this 

Notice of Intent to Delete, EPA will 

evaluate and respond appropriately to 

the comments before making a final 

decision. If necessary, EPA will prepare 

a Responsiveness Summary to address 

any significant public comments 

received. After the public comment 

period, if EPA determines it is still 

appropriate to delete the Site, the 

Regional Administrator will publish a 

final Notice of Deletion in the Federal 

Register. Public notices, public 

submissions and copies of the 

Responsiveness Summary, if prepared, 

will be made available to interested 

parties and in the site information 

repositories listed above. 

Deletion of a site from the NPL does 

not itself create, alter, or revoke any 

individual’s rights or obligations. 

Deletion of a site from the NPL does not 

in any way alter 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 Site Deletion 

The following information provides 

EPA’s rationale for deleting the Site 

from the NPL: 

Site Background and History 

The Harbor Oil Superfund Site 

(CERCLIS ID No.: ORD071803985) is a 

4.2-acre used oil reprocessing facility 

located at 11535 North Force Avenue in 

northeast Portland, Multnomah County, 

Oregon. American Petroleum 

Environmental Services is the current 

operator. The facility began cleaning 

tanker trucks and recycling oil in the 

1950s to 1960s. A fire destroyed the 

facility in 1979, which released 

pollutants into the wetlands and Force 

Lake. The presence of pollutants 

released into the environment can be 

associated with cattle truck and tanker 

truck cleaning operations, road oiling 

for dust suppression, oil treatment and 

processing activities, the 1979 facility 

fire, pesticide usage at historical 

stockyards and in the city of Vanport, 

and storm water drainage patterns. The 

contaminants include petroleum 

products, polyaromatic hydrocarbons, 

volatile organic compounds (VOCs), 

semi-volatile organic compounds 

(SVOCs), metals, polychlorinated 

biphenyls (PCBs) and possibly other 

contaminants, such as solvents and/or 

pesticides such as 

dichlorodiphenyltrichloroethane (DDT) 

and metals at the Site. The Site was 

proposed to the NPL on September 5, 

2002 (67 FR 56794). The Site was listed 

on the NPL on September 29, 2003 (68 

FR 55875). 

Remedial Investigation and Feasibility 

Study (RI/FS) 

The RI included sampling soil (213 

samples), groundwater (34 samples), 

sediments (17 samples) and surface 

water (3 samples) for the following 

chemicalgroups: Total petroleum 

hydrocarbons, polyaromatic 

hydrocarbons, volatileorganic 

compounds, semi-volatile organic 

compounds, metals, pesticides, and 

polychlorinated biphenyls. The RI 

sampling indicated site contamination 

was not significant. The maximum DDT 

concentration was 78 mg/Kg in soils and 

0.210 mg/Kg in sediments. The 

maximum PCB concentration was 32 

mg/Kg in soils and 0.131 mg/Kg in 

sediments. The maximum soil 

concentrations were all on the facility 

property and are covered by asphalt; 

therefore there is no completed 

exposure pathway. Petroleum 

contamination was ubiquitous 

throughout the site but did not pose 

unacceptable risk and was highly 

weathered and not mobile; for example, 

it was not in groundwater or 

surfacewater above screening levels. 

Petroleum screening levels are 

represented by the lowest available 

screening levels from EPA or Oregon 

Department of Environmental Quality. 

Metals, specifically chrome, copper, and 

zinc, exceeded ecological screening 

values but were limited in areal extent 

and posed only slightly elevated risks to 

terrestrial invertebrates. VOCs and 

SVOCs were rarely detected. Benzene 

(concentration of 0.140 mg/L) and 

trichloroethylene (concentration of 

0.0061 mg/L in 2000) were detected 

above drinking water maximum 

contaminant levels once each in 

different groundwater wells. Based on 

the observation of terrestrial 

invertebrates (earthworms) at sampling 

locations with elevated metals, it was 

concluded the impacts were not 

significant, probably because the areal 

extent of contamination was small and 

the elevated Hazard Indices were due to 

the use of conservative reference values. 

The tables in the appendix reflect the 

findings of the baseline human health 

and ecological risk assessments (Tables 

1 and 2). In summary, the results of the 

risk assessment concluded that there are 

no unacceptable risks posed by releases 

from the site. Unacceptable risks were 

those that result in risks exceeding 

EPA’s target risk threshold of 1E–4 for 

cancer risk or an HI greater than 1 for 

human health. Ecological risks were 

determined to be acceptable, having no 

impacts on the ecological community of 


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Federal Register / Vol. 79, No. 66 / Monday, April 7, 2014 / Proposed Rules 19039 

the Site. There are no endangered 

species present at the Site. A FS was not 

prepared because the risks were 

acceptable. 

Selected Remedy 

A No Action remedy was selected for 

the site because the Human Health 

Baseline Risk Assessment and the 

Baseline Ecological Risk Assessment 

showed that releases from the Site 

posed risks within EPA’s acceptable risk 

range. No response actions were 

necessary to mitigate releases from the 

Site. 

Cleanup Goals 

Since there was no unacceptable risk 

and a response action was not 

necessary, cleanup objectives were not 

established. 

Operation and Maintenance—if 

Applicable 

Because no response actions were 

taken, there are no operation or 

maintenance obligations at the Site. 

Five-Year Review—if Applicable 

Five Year Reviews are not applicable 

because no response actions were taken. 

Community Involvement 

A Technical Assistance Grant was 

provided to the Harbor Oil Community 

Action Group (HOGAG). Meetings of the 

HOCAG took place on a monthly basis 

during the RI and were reduced when 

site activities slowed down. 

Approximately 10 citizens made up the 

HOCAG, but they distributed 

information throughout the North 

Portland neighborhood where the site is 

located. EPA provided a 30-day public 

review and comment period on the 

proposed No Action remedy on 

November 14, 2012. EPA held a public 

meeting on December 6, 2012 to present 

the proposed remedy of No Action and 

receive public comments. EPA 

responded to all comments in the 

responsiveness summary for the Record 

of Decision, with no change to the 

proposed remedy. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The remedial investigation has shown 

that the releases pose no significant 

threat to public health or the 

environment and therefore no further 

Superfund response is needed to protect 

human health or the environment at the 

Site. 

The NCP (40 CFR 300.425(e)) states 

that a site may be deleted from the NPL 

when no further response action is 

appropriate. EPA, in consultation with 

the State of Oregon, has determined that 

all response actions required by 

CERCLA have been implemented, and 

no further CERCLA response action by 

EPA or the responsible parties is 

appropriate. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; 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: March 10, 2014. 

Dennis J. McLerran, 

Regional Administrator. 

[FR Doc. 2014–06815 Filed 4–4–14; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

48 CFR Part 1516 and 1552 

[EPA–HQ–OARM–2013–0149; FRL–9908– 

87–OARM] 

EPAAR Clause for Ordering by 

Designated Ordering Officers 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) amends the EPA 

Acquisition Regulation (EPAAR) to 

update policy, procedures, and contract 

clauses. The proposed rule updates the 

Ordering—By Designated Ordering 

Officers clause and corresponding 

prescription. 

DATES: Comments must be received on 

or before May 7, 2014. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

OARM–2013–0149, by one of the 

following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• Email: valentino.thomas@epa.gov. 

• Mail: EPA–HQ–OARM–2013–0149, 

OEI Docket, Environmental Protection 

Agency, 2822T, 1200 Pennsylvania Ave. 

NW., Washington, DC 20460. Please 

include a total of three (3) copies. 

• Hand Delivery: EPA Docket CenterAttention OEI Docket, EPA West, Room 

B102, 1301 Constitution Ave. NW., 

Washington, DC 20004. Such deliveries 

are only accepted during the Docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–OARM–2013– 

0149. EPA’s policy is that all comments 

received will be included in the public 

docket without change, and may be 

made available online at 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through www.regulations.gov 

or email. The www.regulations.gov Web 

site is an ‘‘anonymous access’’ system, 

which means 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 EPA without going 

through 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, 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 EPA cannot read 

your comment due to technical 

difficulties, and cannot contact you for 

clarification, 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. For 

additional information about EPA’s 

public docket, visit the EPA Docket 

Center homepage at http://

www.epa.gov/epahome/dockets.htm. 

Docket: All documents in the docket 

are listed in the 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 hard copy. Publicly 

available docket materials are available 

either electronically in 

www.regulations.gov, or in hard copy at 

the Office of Environmental Information 

(OEI) Docket, EPA/DC, EPA West, Room 

3334, 1301 Constitution Ave. NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 4:30 

p.m., Monday through Friday, excluding 

legal holidays. The telephone number 

for the Public Reading Room is (202) 

566–1744, and the telephone number for 

the EPA Docket Center is (202) 566– 

1752. This Docket Facility is open from 


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