National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List, 7455-7458 [05-2179]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 29 (Monday, February 14, 2005)]
[Proposed Rules]
[Pages 7455-7458]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2179]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7869-3]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Firestone Tire and Rubber 
Company Superfund site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region IX announces 
the intent to delete the Firestone Tire and Rubber Company Superfund 
Site (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 
California, through the California Department of Toxic Substances 
Control (DTSC), have determined that the remedial action for the Site 
has been successfully executed.

DATES: Comments concerning the proposed deletion of this Site from the 
NPL may be submitted on or before March 16, 2005.

ADDRESSES: Comments may be mailed to: Vicki Rosen, Community 
Involvement Coordinator, U.S. EPA Region IX (SFD-3), 75 Hawthorne 
Street, San Francisco, CA 94105-3901, (415) 972-3244 or 1-800-231-3075.
    Information Repositories: Repositories have been established to 
provide detailed information concerning this decision at the following 
address: U.S. EPA Region IX Superfund Records Center, 95 Hawthorne 
Street, San Francisco, CA 94105-3901, (415) 536-2000, Monday through 
Friday 8 a.m. to 5 p.m.; John Steinbeck Library, 350 Lincoln Avenue, 
Salinas, CA 93901, (831) 758-7311.

FOR FURTHER INFORMATION CONTACT: Patricia Bowlin, Remedial Project 
Manager, U.S. EPA Region IX (SFD-7-

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3), 75 Hawthorne Street, San Francisco, CA 94105-3901, (415) 972-3177 
or 1-800-231-3075.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region IX announces 
its intent to delete the Firestone Tire and Rubber Company Superfund 
Site (Site) in Salinas, Monterey County, California 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 identifies sites which present a significant risk 
to public health, welfare, or the environment and maintains the NPL as 
the list of these sites. EPA and the State of California, through the 
California Department of Toxic Substances Control (DTSC), have 
determined that the remedial action for the Site has been successfully 
executed.
    EPA will accept comments on the proposal to delete this Site for 
thirty (30) days after publication of this notice in Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses the procedures EPA is using for 
this action. Section IV discusses the Firestone Tire and Rubber Company 
Superfund site and explains how the Site meets the deletion criteria.

II. NPL Deletion Criteria

    Section 300.425(e)(1) of the NCP provides that 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 persons have implemented all 
appropriate response actions required; or
    (ii) All appropriate Fund-financed responses under CERCLA have been 
implemented, and no further response action by responsible parties is 
appropriate; or
    (iii) The Remedial Investigation has shown that the site poses no 
significant threat to public health or the environment and, therefore, 
remedial measures are 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 restricted 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 public health and the environment. 
If new information becomes available which indicates a need for further 
action, EPA may initiate additional remedial actions. Whenever there is 
a significant release from a deleted site from the NPL, the site may be 
restored to the NPL without application of the Hazard Ranking System.

III. Deletion Procedures

    The following procedures were used for the intended deletion of 
this Site: (1) All appropriate responses under CERCLA have been 
implemented and no further actions by EPA or the responsible party are 
appropriate; (2) the State of California has concurred with the 
proposed deletion decision; (3) a notice has been published in the 
local newspapers and has been 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 (4) all relevant documents have been made 
available in the local site information repositories.
    Deletion of the Site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. The NPL is designed 
primarily for informational purposes and to assist Agency 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.
    For deletion of this Site, EPA's Regional Office will accept and 
evaluate public comments on EPA's Notice of Intent to Delete before 
making a final decision to delete. If necessary, the Agency will 
prepare a Responsiveness Summary to address any significant public 
comments received.
    A deletion occurs when the Regional Administrator places a final 
notice 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 made available to local 
residents by the Regional Office.

IV. Basis of Intended Site Deletion

    The following site summary provides the Agency's rationale for the 
proposal to delete this Site from the NPL.

Site Background and History

    The Firestone Tire and Rubber Company, now Bridgestone/Firestone, 
Inc., owned and operated a tire manufacturing facility at 340 El Camino 
Real South between 1963 and 1980. The Site is surrounded by 
agricultural lands and is approximately six miles southeast of downtown 
Salinas, California. During the facility's operation, Firestone 
released chlorinated solvents and other chemicals, particularly 
volatile organic compounds (VOCs), to the soil and groundwater at the 
Site.
    In March 1983, Firestone began investigations at the facility to 
comply with Resource Conservation and Recovery Act (RCRA) closure 
requirements. Based on these investigations, the California Department 
of Health Services (DHS) required Firestone to conduct extensive soil 
and groundwater characterizations and subsequent interim remedial 
measures to address soil and groundwater contamination. Firestone 
removed approximately 65,000 cubic yards of contaminated soil and 9,000 
gallons of hazardous liquids for off-site disposal in a Class I 
landfill. In October 1985, DHS issued a Remedial Action Order (RAO) to 
Firestone to address the groundwater contamination.
    The groundwater aquifer system in the area is comprised of three 
interconnected aquifers that are designated shallow, intermediate, and 
deep aquifers. Directly downgradient of the Site, groundwater in the 
intermediate and deep aquifers is used primarily for agricultural 
supply along with potential private domestic supply. Further 
downgradient, the City of Salinas relies on groundwater in the deep 
aquifer for municipal water supply.
    Pursuant to the RAO, Firestone constructed a groundwater extraction 
and treatment system to control migration of the groundwater 
contamination from the Site. The system included 15 onsite shallow 
aquifer extraction wells and an air stripper/carbon adsorption 
treatment plant. The system was expanded in 1987 by installing five 
offsite shallow aquifer extraction wells and modifying the treatment 
plant to accommodate the additional flow.

Response Actions

    EPA listed the Site on the NPL on July 22, 1987. DHS (now DTSC) 
served as

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lead agency and provided oversight of Superfund activities at the Site. 
The final Remedial Investigation (RI), completed in December 1988, 
consisted of a comprehensive study of residual groundwater 
contamination in aquifers beneath and adjacent to the Site and a 
groundwater risk assessment. The RI found that the shallow aquifer 
groundwater extraction and treatment system was successfully removing 
the contamination in the shallow aquifer; however, the RI also found 
that some contamination, exceeding health-based levels, had migrated to 
the intermediate aquifer and to a small area of the deeper aquifer.
    Firestone completed the final Feasibility Study/Remedial Action 
Plan (FS/RAP) in August 1989. On September 6, 1989, DHS approved the 
RAP selecting the final Site remedy. On September 13, 1989, EPA issued 
a Record of Decision (ROD) Declaration that formally concurred with the 
remedy selected by DHS. The final remedy provided for remediation of 
groundwater onsite and offsite extending to a distance of over two 
miles from the Site and included the following major components:
     Continued pumping of groundwater from the shallow aquifer;
     Installing five new wells and pumping groundwater from the 
intermediate aquifer;
     Treatment of extracted groundwater by air stripping and 
carbon adsorption;
     Discharge of treated water to the Salinas River;
     Regular groundwater monitoring to ensure that the size of 
the contaminant plume is declining and to allow for adjustments to the 
extraction and treatment system;
     Crop testing to ensure no uptake of contaminants by 
plants; and
     A monitoring and contingency plan for currently 
uncontaminated water in the deep aquifer which could become 
contaminated.
    In October 1989, Firestone installed the five intermediate aquifer 
extraction wells and connected the new wells to the existing 
groundwater treatment plant. After DHS provided EPA with final 
certification of the implementation of the remedy, EPA issued the 
Interim Closeout Report in December 1991.
    After achieving cleanup levels in all extraction wells, Firestone 
stopped pumping and conducted an aquifer stability test in November 
1992. Based on the results of the aquifer stability test, DTSC allowed 
the groundwater extraction and treatment system to remain shut down 
with continued groundwater monitoring until July 1995. Post-remediation 
monitoring of deep and intermediate aquifer wells showed no exceedances 
of the groundwater cleanup levels; however, monitoring of the shallow 
aquifer wells showed increases in contaminant concentrations to above 
cleanup levels in two wells located near the former Firestone facility. 
The two shallow aquifer wells were screened in the upper zone of the 
shallow aquifer. The upper zone of the shallow aquifer is unsaturated 
for extended periods of time because it is above the normal groundwater 
table.
    Since the residual contamination above the normal groundwater table 
was mainly a water quality issue, DTSC deferred the decision of case 
closure to the California Regional Water Quality Control Board (RWQCB). 
In 1998, Firestone conducted confirmation sampling that indicated that 
the residual contamination in the upper zone of the shallow aquifer had 
not impacted the intermediate and deep aquifers and that the 
contaminant concentrations in the two monitoring wells were decreasing. 
Based on these sampling results, RWQCB concluded that the residual 
contamination in the upper zone of the shallow aquifer would attenuate 
to below cleanup levels and would not impact the downgradient 
groundwater and deeper aquifers. With RWQCB's approval, Firestone 
dismantled the groundwater extraction and treatment system and properly 
abandoned all monitoring and extraction wells. On July 26, 2000, RWQCB 
closed the case and recommended that DTSC implement final case closure.
    The groundwater cleanup levels in the RAP/ROD were set at Maximum 
Contaminant Levels (MCLs) based on the designated beneficial use of the 
aquifers in the area for drinking water. In June 2002, Firestone 
submitted a hydrogeologic evaluation of the upper zone of the shallow 
aquifer where the two monitoring wells were screened. The evaluation 
concluded that the upper zone of the shallow aquifer is not suitable as 
a potential drinking water source because the zone is suspended over a 
silty clay aquitard and is often unsaturated for extended periods. In a 
March 5, 2003, letter, RWQCB concurred with Firestone's evaluation and 
concluded that the upper zone of the shallow aquifer appears to have no 
beneficial use based on the lack of groundwater. Therefore, MCLs do not 
apply to the upper zone of the shallow aquifer since this zone is not 
suitable as a drinking water source. Based on RWQCB's determination and 
the achievement of the cleanup levels in all other areas and zones, EPA 
concluded and DTSC concurred that the Site can be deleted from the NPL 
list.

Cleanup Standards

    The cleanup of the Site complies with the ``clean closure'' 
requirements, consistent with the Resource Conservation and Recovery 
Act of 1976, as amended, 40 CFR section 264.111. All contaminated soils 
were removed to unrestricted land use standards in 1983. The 
groundwater extraction and treatment system was operated from 1986 
until 1992 when monitoring results indicated that the cleanup levels 
were achieved. Post-remediation monitoring confirms that there are no 
hazardous substances remaining at the Site above health-based levels.

Five-Year Review

    EPA has conducted two five-year reviews for the Site as a matter of 
policy. EPA completed the first five-year review for the Site on 
November 16, 1994. EPA completed the second five-year review for the 
Site on September 28, 2001. In the second five-year review, EPA 
concluded that the residual contamination in the upper zone of the 
shallow aquifer did not constitute a significant risk to human health 
or the environment but that the Site had not met the cleanup standards 
of the RAP/ROD because the RWQCB considered the shallow groundwater as 
an unlikely but potential drinking water source. Later the RWQCB 
determined that the upper zone of the shallow aquifer was not a 
potential drinking water source. Based on the RWQCB's determination 
that the affected shallow zone has no beneficial use and the 
achievement of the cleanup levels in all other areas and zones, further 
five-year reviews are no longer required for the Site.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42 
U.S.C. 9617. The deletion docket contains the documents on which EPA 
relied for the NPL deletion recommendation and is available to the 
public in the information repositories.

Applicable Deletion Criteria/State Concurrence

    EPA has determined that all appropriate responses under CERCLA have 
been completed and that no further response actions under CERCLA are 
necessary. In a letter dated July 3, 2003, the State of California 
through DTSC concurred with EPA that all appropriate responses under 
CERCLA have been completed. Therefore, EPA is proposing deletion of 
this Site from the NPL.

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List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, 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: January 26, 2005.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 05-2179 Filed 2-11-05; 8:45 am]
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