EPA Nears Decision on Proposal to Add the Upper Columbia River Study Area to the National Priorities List

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Published: Thursday, 01 February 2024 20:37

 In October, the Forum reported that EPA may propose adding the Upper Columbia River study area to the National Priorities List (NPL), aka-- Superfund.  The Upper Columbia River study area currently extends from Grand Coulee Dam to the Canadian border (a 150-mile river reach that includes Lake Roosevelt) and includes about 77,000 acres of land east and west of the Columbia and south of the U.S.—Canada border called the “uplands.”

If EPA proposes a Superfund (NPL) listing at this time, it will begin with a federal register notice in February to open a public comment period. The next opportunity to propose a listing may be in September. NPL listing is a two-step process. First, sites are proposed to the NPL. Then, after public comment is received and reviewed, a second federal register notice is required to formally place a site on the NPL.

In EPA briefings to stakeholders, reasons to propose a listing include:

  • Enough is known to determine if the Upper Columbia River belongs on the NPL list that ensures cleanup of high priority contaminated sites.
  • Lead contamination exists through upland portions of the area that poses risk to residents in affected areas.
  • EPA can request funds to conduct remedial actions or cleanups on the National Priorities List.
  • The existing EPA Settlement Agreement with Teck that currently funds the Remedial Investigation and Feasibility Study (RI/FS) does not cover cleanup actions EPA may propose.
  • The U.S. Supreme Court found that Teck is not liable for cleanup of upland soils or other areas found to be contaminated because of air emissions.

EPA has received letters of “concurrence” or support from Washington State Governor Jay Inslee, the Confederated Tribes of the Colville Reservation (CCT), and the Spokane Tribe of Indians.

Said Jarred-Michael Erickson, the Chairman of the Confederated Tribes of the Colville Reservation, "The Colville Tribes supports Superfund listing for the Upper Columbia River. It is beyond question that this section of the river is polluted, and a thorough restoration of the river will be an expensive project. A Superfund listing will unlock access to necessary funds for remediation, and a listing would reflect the high priority for cleanup that this site deserves."

EPA has briefed staff for U.S. Senators Patty Murray and Maria Cantwell, and Congresswoman Cathy McMorris Rodgers. In addition, EPA provided a staff briefing to the U.S. Energy and Commerce Committee chaired by McMorris Rodgers.

In a January 26th discussion with the Eastern Washington Council of Government, Congresswoman McMorris Rodgers was clear that she does not support an NPL/Superfund listing at this time.

Eastern Washington County Commissioners continue to oppose a listing. Their objections and concerns are summarized in both the Forum’s October eNews article and letters recently sent to EPA from Stevens County, Lincoln County and the Eastern Washington Council of Governments. In addition, Stevens County sent a letter to Governor Inslee objecting that “… not a single local elected was contacted, consulted, or allowed any discussion with you on this subject prior to you sending this letter of concurrence.”

If EPA proceeds with proposing a listing, the documents used to determine eligibility for the NPL will become available for public review as part of a public comment period. In that event, the Forum will be committed to assuring maximum review and community engagement.

Regardless of whether there is a superfund listing, the 2006 agreement with Teck to fund and conduct the RI/FS will continue.