EPA Considers Upper Columbia River (Lake Roosevelt) Superfund Listing

Details

Published: Thursday, 19 October 2023 18:05

EPA is considering adding the Upper Columbia River from Grand Coulee Dam to the Canadian border (a 150-mile river reach that includes Lake Roosevelt) to the National Priorities List (NPL), aka-- Superfund. Also included is about 77,000 acres of land east and west of the Columbia and south of the U.S.—Canada border called the “Uplands.” Click here to see enlarged map.

Over the summer, EPA engaged with congressional staff, the state, tribes, counties, and others to discuss proposing an NPL listing as early as February 2024.

At an Eastern Washington Council of Governments (EWCOG) meeting on September 29^th, county commissioners representing Stevens, Ferry, Lincoln, Pend Oreille, Grant, Asotin, Columbia, Adams, Garfield, and Whitman counties expressed skepticism, frustration and concern with EPA considering a proposed NPL listing at this time.

Why Now?

EPA originally considered an NPL listing in the early 2000s. Instead, EPA entered into a 2006 settlement agreement with Teck American (Teck) that assured funding and completion of a Remedial Investigation and Feasibility Study (RI/FS). An RI/FS is foundational to all superfund listings by defining the nature and extent of contamination, identifying possible human and ecological risks, and (as needed) developing a cleanup strategy. Click here to see enlarged graphic.

As the agreement to fund and conduct the RI/FS reaches its 15^th anniversary, it’s still not complete. Commissioners wanted to know why considering a proposed listing would occur before completion of the RI/FS.

EPA essentially had two responses. First, enough investigation is complete to establish human health risks due to the presence of lead in Uplands soil. For a proposed NPL listing, that’s enough to list the entire study area, including the Columbia River from Grand Coulee Dam to the international border. 

Second, EPA believes a listing will open-up potential funding. Said EPA’s Region 10 Remedial Cleanup Branch Chief Kira Lynch, “Coming to you today about listing the site is so that we can have more tools in our toolbox and be able to access the federal resources that become available to us once we have a site listed.” Future federal funding possibilities, however, were not identified.

Said Stevens County Commissioner Wes McCart, “If you are just looking for money and tools to do this, I think there are alternatives to that that would take the Superfund piece out of this and get the cleanup needed [in the Uplands] right away.”

Boundaries

A proposed listing has no firm site boundaries. Per EPA’s presentation, “Site boundaries are not determined until all investigative work has been completed and there is a full understanding of where contamination is and the risk it poses to human health and the environment.”

The commissioners repeatedly expressed their frustration that the economies and infrastructure of the entire 150-mile Columbia River reach would suffer the stigmatism and losses of an NPL listing without first determining there is risk. “Avoiding that,” said McCart, “was the whole reason the 2006 agreement was reached in the first place.”

Adding to their frustration was considering an NPL listing on the heels of the 2020 Human Health Risk Assessment that provided positive news related to fish, beaches, and surface water for the 150-mile river reach. (Click here for the Forum published Public Guide summarizing human health findings). Regarding aquatic (river) ecological risks, Lynch said “We can’t answer your question right now, but I can tell you we’re very close to getting to that place.”

Everything Relates to Everything

Beyond general economic considerations (development, recreation, property values, etc.), commissioners were deeply concerned about the impact and relationship of a listing on other priorities and initiatives. Such relationships, noted the commissioners, included irrigation of 670,000 acres of agricultural land supported by the Upper Columbia River; the $200 million area tribes are slated to receive over the next twenty years to support salmon reintroduction; and possible effects to the aquatic (river) ecological risk assessment if flows significantly change due to outcomes of Columbia River Treaty (CRT) negotiations.

EPA said it is working with the Bureau of Reclamation to support assurances water quality used for irrigation is not a concern; that previous fish studies do not indicate a concern for salmon reintroduction efforts; and that they would follow-up on CRT concerns.

Human Exposure to Lead in Soil

"EPA's goal," per their PowerPoint, "is to limit Pb [lead] risk to no more than 5% of the population.” Depending on soil screening levels EPA is in the process of updating and soil sampling to date, this could result in 194 to 385 developed properties being eligible for cleanup and 71 to 115 undeveloped properties with sampling areas that exceed screening levels.

EPA acknowledged, however, that completion of the RI/FS and Record of Decision would be needed before eligible properties would be considered, prioritized and funding identified for cleanup. The exception to this rule is time critical removal actions for properties EPA identifies as eminent human health risks. Dating back to 2004, over 75 public and private properties in Northport and the surrounding area have benefited from soil cleanup because of EPA time-critical removal actions and voluntary agreements with Teck.

An NPL listing, however, is not directly linked to identifying properties for time critical removal action and receiving cleanup funds. EPA Region 10’s nuanced position is that an NPL listing improves their ability to compete for future funds to cleanup properties.

Regardless of an NPL listing, a ninth circuit court decision has determined Teck is not liable for soil cleanup in the Uplands resulting from aerial deposition. Previous cleanup by Teck in the Uplands was voluntary, as would any future cleanup support. 

Next Steps

EPA repeatedly stated a final decision on whether to propose a listing has not occurred, nor is there a firm timeline for making the decision. Additional staff, however, have been secured to support improved community outreach. As a result, EPA expects to have more meetings with community groups, town/city councils and other local entities.

Regardless of whether an NPL listing is proposed, EPA said the RI/FS investigation will continue and the 2006 agreement with Teck remains in place.