Upper Columbia River Lake Roosevelt Site
Site Added To Superfund National Priorities List
On December 13, the U.S. Environmental Protection Agency added the Upper Columbia River site to the Superfund National Priorities List, the list of sites throughout the United States and its territories where historic releases of hazardous substances, pollutants, or contaminants pose significant threats to human health and the environment.
EPA determined soil in the area is contaminated with lead and arsenic, which poses an unacceptable risk to residents at affected properties, particularly to children and women of childbearing age. Sediments in the river are also contaminated with metals, including zinc, copper, cadmium, selenium, lead and mercury, that pose a risk to fish, wildlife, birds, and other organisms that live in and along the river.
“EPA’s decision to list the Upper Columbia River Site on the National Priorities List will strengthen and boost our collective efforts to address a legacy of contamination at the site,” said Washington Governor Jay Inslee. “By unlocking additional federal resources, this move will help ensure that this part of our state is home to a thriving economy and ecosystem for generations to come.”
Table Of Contents
- Site Background
- Contamination
- Investigations
- Remedial Investigation & Feasibility Study
- Natural Resources Damage Assessment
- Contributions from Ecology's Toxics Cleanup Program
- Field Reconnaissance and Sediment Sampling Report
- Background Characterization for Metals and Organic Compounds in Northeast Washington Lakes
- Metals Concentrations in Sediments of Lakes and Wetlands in the Upper Columbia River Watershed
- Upper Columbia River Upland Soil Sampling Study
- Evaluation and Interpretation of the Sediment Chemistry and Sediment Toxicity Data for the Upper Columbia River
- Laboratory Toxicity and Benthic Invertebrate Field Colonization of UCR Sediments
- Preliminary Review and Evaluation of Available Air Quality Monitoring Data and Consideration of Potential Present-Day Health Risks
- Upland Regional Soil Background Characterization for Select Metals in Northeast Washington Watersheds
- Litigation
Site Background
The upper Columbia River/Lake Roosevelt site extends over 150 miles from the U.S.-Canadian border near Northport, Washington, to the Grand Coulee Dam. The site lies within parts of Lincoln, Ferry, and Stevens counties.
Smokestack emissions and slag and liquid waste from metal smelting released directly into the Columbia River contaminated the river and broad upland areas near the Canadian-U.S. border. Slag is an angular, somewhat glassy, industrial waste containing hazardous substances including zinc, lead, copper, and other metals.
The Teck Trail smelter, less than 10 miles across the border in Trail, British Columbia (B.C.), on the banks of the Columbia River, is the main contaminant source. Since 1896, Teck Metals Ltd. and its predecessors (Cominco and others) have continuously operated the smelter in Trail. Smaller contributions near Northport, Washington, also came from the long-closed Le Roi Smelter.
Contamination
Metals in soil
Unnaturally high levels of metals, including lead and arsenic, are found in topsoil in the upper Columbia River Valley near the U.S.-Canadian border. When present, the concentrations of metals commonly observed in the upper Columbia River Valley can be a health concern. Health risks can be greatly reduced if managed properly.
- Contact Ecology, or visit our Dirt Alert website, for simple actions that can help you and your family avoid potential exposure to metals in soil.
- Download Dirt Alert: Soil Safety & Sampling Guidance for People Concerned about Arsenic & Lead.
- Learn about information disclosure requirements for buying or selling real estate.
- Search our smelter plume map to see if your property is within the potentially affected area.
- Learn more on EPA's Upper Columbia River Remedial Investigation & Feasibility Study website.
- Contact Robert Tan (206-553-2580), EPA project manager, to see if your property has been sampled in the past or if you have concerns about your property.
Upper Columbia River & Lake Roosevelt recreation
The EPA is leading several studies to assess human and ecological risks and to understand the extent of contamination in the river, reservoir, and upland areas. This has included recreational beach areas, water quality, sediments, fish, benthic invertebrates, and other aquatic life.
Those studies demonstrate, with specific exceptions, that the beaches and water are safe for recreation on the river and in the National Recreation Area.
Several species of game fish have been tested, and some species have unnaturally high concentrations of certain contaminants.- Follow the Washington Department of Health’s fish advisory for the upper Columbia River and Lake Roosevelt to guide the frequency and amount of fish consumed to protect you and your family.
- Learn more and get involved by visiting the Lake Roosevelt Forum website.
Investigations
Two main investigations focusing on the upper Columbia River site are led by separate entities, each with specific objectives. The investigations are a Remedial Investigation and Feasibility Study (RI/FS) and a Natural Resource Damage Assessment (NRDA).
Remedial Investigation and Feasibility Study
The EPA is overseeing the RI/FS. The purpose of the RI is to identify the contaminants, their locations, and human health and environmental risks. The FS will be developed later and offer cleanup options to address contaminants found during the RI.
In 2006, Teck American, Inc., entered into an agreement with the U.S. Department of Justice and the EPA to fund the RI/FS from the U.S.-Canadian border to Grand Coulee Dam and in surrounding areas. Teck does most the field investigation work with oversight by the EPA. The EPA is responsible for assessing human health risk.
Human Health Risk Assessment
In February 2021, the EPA published their Human Health Risk Assessment (HHRA). The HHRA analyzes risks to human health in the upper Columbia River valley from metal smelting pollution released in the Columbia River and to the air.
The HHRA evaluates risks to residents, recreationalists, and workers across the area studied over the past several years. The EPA is expected to use the human health risk assessment and other remedial investigation information to develop a comprehensive cleanup plan proposal to address health risks, and has conducted additional early actions in residential and public areas around Northport.
The HHRA follows previous residential soil cleanups of lead and arsenic on 29 properties in the town of Northport and, later, 28 areas across rural, residential properties in the greater Northport area in 2004, 2014, 2016, and 2018. The EPA completed removal actions at 16 additional properties for the town of Northport in 2020, another 15 in 2022, and then nine more in 2024. Ecology paid for disposal of the contaminated soil at the Stevens County Landfill for the yard cleanups in 2024.
The HHRA results reaffirm that residents of the greater Northport area remain at risk for lead exposure from soil. Based on existing upland soil data, this continues to be of greatest importance to those living in or frequenting the river valley corridor from generally just upstream of the China Bend area, extending upriver to the international border. This encompasses the area where past residential property cleanups have occurred and areas undergoing sampling.
- Visit EPA’s Upper Columbia River Site Study website, Teck’s Upper Columbia River Project website, and the Lake Roosevelt Forum website for more information.
Natural Resources Damage Assessment
Washington State (represented by Ecology), Confederated Tribes of the Colville Reservation, U.S. Department of Interior, and Spokane Tribe of Indians, collectively referred to as the Upper Columbia River Trustee Council (the Trustees), are conducting the NRDA. The purpose of NRDA is to determine past and ongoing natural resource injuries with the goal of restoring or replacing the injured resources for the public.
The Trustees are assessing injuries and damages related to the public’s loss of natural resources. The goal is to receive compensation from the parties responsible for the contamination to create a restoration fund for injured natural resources.
- Preassessment Screen for the Upper Columbia River Site, Washington (2009)
- Injury Assessment Plan for the Upper Columbia River Site, Washington (2012)
- Learn more about Ecology's NRDA projects.
Contributions from Ecology's Toxics Cleanup Program
- Background Characterization for Metals and Organic Compounds in Northeast Washington Lakes | Part 1: Bottom Sediments | Part 2: Fish Tissue (2011)
- Preliminary Review and Evaluation of Available Air Quality Monitoring Data and Consideration of Potential Present-Day Health Risks: Upper Columbia River Valley, near Northport, Washington | Focus sheet: Upper Columbia River Valley Air Quality | Ecology memo recommending additional air monitoring (2017)
In 2019, Ecology worked with Washington State University to establish natural background metal values that represent upper-percentile thresholds in soils within 11 state-defined watersheds (Water Resource Inventory Areas) for 18 metals and metalloids. Background soil metals analysis is intended to guide the application of environmental regulations in northeast Washington State and offers a framework for possible application in other areas. The geographic boundaries were selected to guide and inform cleanup decisions and other environmental work occurring in the greater Upper Columbia River region.
- Upland Regional Soil Background Characterization for Select Metals in Northeast Washington Watersheds | Appendix E: Analysis and Estimation of Background Metals Concentrations in Soils and Sediments of the Upper Columbia River Basin (2019)
Overall, findings from the Ecology studies confirmed elevated levels of metals in topsoil and sediments in parts of the upper Columbia River Valley and nearby lakes and wetlands. The studies also traced most of these metals to past smelter emissions in Trail, B.C.
Litigation
In 1999, the Confederated Tribes of the Colville Reservation (CCT) petitioned the EPA to conduct an assessment of Upper Columbia River contamination. In 2003, the EPA issued Teck a Unilateral Administrative Order requiring Teck to investigate the site and produce a plan to identify ways to investigate the contamination caused by the Trail Smelter. Teck did not comply.
In 2004, the original Plaintiffs in this suit, Joseph Pakootas and Donald R. Michel (collectively Pakootas), filed a complaint in the U.S. District Court for the Eastern District of Washington under the citizens’ suit provision of the federal Comprehensive Response Compensation and Liability Act (CERCLA). CERCLA (often called Superfund) makes certain parties liable for costs and damages associated with releases of hazardous substances. The complaint asked the district court for declaratory and injunctive relief, including enforcing EPA's Order against Teck. Washington State quickly filed a Complaint in Intervention, which was granted. The State and CCT complaints have been amended during the litigation to include NRDA, cost recovery, and air pathway liability.
The case continues to advance along under basically three phases:- Liability
- Response costs
- NRDA
The plaintiff parties (Washington and CCT) moved forward on Teck’s CERCLA liability under the framework the Court defined in Pakootas I (that Teck could be held liable under CERCLA for releases of Teck contaminants in the upper Columbia River valley). The district court ultimately held that Teck was liable as a CERCLA “arranger” on December 14, 2012. Extraterritorial arguments, based on the fact that the Trail smelter is outside the U.S., have continued to be rejected by the courts.
Securing Teck’s U.S. legal liability for legacy pollution caused by air emissions pollution became procedurally stalled in 2016 due to a 9th Circuit decision. The decision was based on a highly nuanced legal interpretation (not a science-based determination) of the definition of "disposal" in CERCLA, which is also referenced in another federal waste environmental law (the Resource Conservation and Recovery Act).
State and CCT reimbursement of response costs have been awarded or conditionally settled, and in September 2018 the Ninth Circuit Court denied Teck’s appeal, upholding the previous decision that made the company liable for UCR cleanup costs.
The NRDA claim phase began in 2022.
For the better part of 20 years now, Teck has continued to fight liability and associated obligations at all levels for the century’s worth of industrial wastes Trail historically discharged directly to the Columbia River or from smoke stacks at the smelter complex. The litigation and multiple appeals continue in federal court.
Learn more about litigation
Ecology and Washington Office of the Attorney General staff are available to assist with your questions or information requests.
Based on past requests and interest, we have made some of the expert reports generated during the liability litigations available online. You may download a report by clicking its title below.
- Queneau, P.B. 2010. Expert Opinion - Pakootas et al. v. Teck Cominco Metals.
- Bierman, V.J. 2010. Expert Report - Waste Transport in Columbia River - Pakootas et al. v. Teck Cominco Metals.
- McLean, D.G. 2010. Opinion on the Transport of Metallurgical Slag by the Columbia River, Trail B.C. to International Border. Northwest Hydraulic Consultants.
- Vlassopoulos, D. 2010. Expert Report of Dimitrios Vlassopoulos. Pakootas et al. v. Teck Cominco Metals Ltd. | Appendices A, B, C1, C2, D1, D2, E, F
- Quivik, F.L. 2010. History of Mining, Milling, and Smelting in NE Washington. Pakootas et al. v. Teck Cominco Metals, Ltd.
- Queneau, P.B. 2011. Expert Opinion – Rebuttal of Higginson. Pakootas et al. v. Teck Cominco Metals.
- McLean, D.G. 2011. Opinion on the Transport and Fate of Metallurgical Slag Discharged into the Columbia River. Northwest Hydraulic Consultants.
- Stevens, Jennifer. 2011. Expert history report. A Rebuttal Report to: Fredric Quivik, Terence McNulty, Adrian Brown, and Rex Bull.
- Vlassopoulos, D. 2011. Rebuttal Report. Pakootas et al. v. Teck Cominco Metals, Ltd.
- Queneau, P.B. 2014. Expert Opinion of Paul B. Queneau. Pakootas, et al. v. Teck Cominco Metals Ltd.
- Vlassopoulos, D. 2014. Expert Report of Dimitrios Vlassopoulos. Pakootas et al. v. Teck Cominco Metals Ltd.
Documents 49
Public Information 5
Document Title | Document Date | Document Type |
Dirt Alert: Selling/Buying Land/Home in Upper Columbia River Valley? | 3/20/2023 | Focus Sheet |
Dirt Alert: Soil Sampling & Safety Guidance for People Concerned about Arsenic & Lead | 2/1/2023 | Focus Sheet |
Upper Columbia River Valley Air Quality | 3/31/2017 | Focus Sheet |
Presentation UCR/Northport Meeting 8-20-13 | 8/20/2013 | Multimedia |
Upper Columbia River Lake Roosevelt Fact Sheet | 6/24/2013 | Fact Sheet\Public Notices |
Technical Reports 42
Natural Resource Damage related documents 2
Document Title | Document Date | Document Type |
Upper Columbia River - Injury Assessment Plan | 11/30/2012 | NRDA Injury Assessment |
Upper Columbia River - Preassessment Screen | 11/1/2009 | NRDA Preassessment |
Places to see print documents
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Eastern Regional OfficeN 4601 Monroe StSpokane, 99205-1265Please schedule an appointment to view print documents at this location.
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Northport Town Hall315 Summit St.Northport, 99114This location may only have print documents available during open comment periods.
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Colville Public Library195 South Oak StreetColville, 99114This location may only have print documents available during open comment periods.
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Inchelium Tribal Resource Center12 Community LoopInchelium, 99155-0150This location may only have print documents available during open comment periods.
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Office of Environmental TrustBldg. #2, Colville Confederated Tribes, 1 ColvilleNespelem, 99155This location may only have print documents available during open comment periods.
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Grand Coulee Library225 Federal StreetGrand Coulee, 99133This location may only have print documents available during open comment periods.
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Spokane Tribe Department of Natural Resources6290 D Ford-Wellpinit RoadWellpinit, 99040This location may only have print documents available during open comment periods.
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Spokane Downtown Library906 W. MainSpokane, 99201This location may only have print documents available during open comment periods.
Contaminants 3
Contaminant Type | Soil |
Groundwater |
Surface Water |
Air |
Sediment |
Bedrock |
---|---|---|---|---|---|---|
Metals - Metals - Other | C | |||||
Metals - Arsenic | C | |||||
Metals - Lead | C |
- S
- Suspected
- C
- Confirmed Above Cleanup Levels
- B
- Below Cleanup Levels
- RA
- Remediated-Above
- RB
- Remediated-Below
- R
- Remediated