National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Pacific Coast Pipe Lines Superfund Site, 60943-60946 [2017-27794]
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Federal Register / Vol. 82, No. 246 / Tuesday, December 26, 2017 / Proposed Rules
in the preemption provisions of FFDCA
section 408(n)(4). For these same
reasons, the Agency has determined that
this proposed action does not have any
‘‘tribal implications’’ as described in
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 9, 2000). Executive
Order 13175, requires EPA to develop
an accountable process to ensure
‘‘meaningful and timely input by tribal
officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
Government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
Government and Indian tribes.’’ This
proposed action will not have
substantial direct effects on tribal
governments, on the relationship
between the Federal Government and
Indian tribes, or on the distribution of
power and responsibilities between the
Federal Government and Indian tribes,
as specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this proposed action.
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: November 13, 2017.
Michael Goodis,
Director, Registration Division, Office of
Pesticide Programs.
Therefore, it is proposed that 40 CFR
chapter I be amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.418, paragraph (a)(3):
a. Revise the existing entries for
‘‘Fruit, citrus, group 10–10’’; and ‘‘Hog,
fat’’; and add footnote 1’’; and
■ b. Add alphabetically the following
entries for ‘‘Fruit, citrus, group 10–10’’;
and ‘‘Hog, fat’’.
The additions and revisions read as
follows:
■
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■
§ 180.418 Cypermethrin and isomers
alpha-cypermethrin and zeta-cypermethrin;
tolerances for residues.
(a)(3) * * *
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Comments must be received by
January 25, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
*
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1 .........
Fruit, citrus, group 10–10
10 SFUND–1989–0011, by one of the
Fruit, citrus, group 10–10 ...........
0.35 following methods:
• https://www.regulations.gov. Follow
on-line instructions for submitting
*
*
*
*
*
Hog, fat 1 .....................................
1.0 comments.
Hog, fat .......................................
0.10
• Email: Project Manager:
Hadlock.holly@epa.gov or Community
*
*
*
*
*
Involvement Coordinator: Lane.jackie@
1 This tolerance expires on June 26, 2018.
epa.gov.
• Mail: Holly Hadlock (SFD–7–3),
*
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*
U.S. EPA, 75 Hawthorne Street, San
[FR Doc. 2017–27806 Filed 12–22–17; 8:45 am]
Francisco, CA 94105.
BILLING CODE 6560–50–P
• Hand delivery: Holly Hadlock
(SFD–7–3), U.S. EPA, 75 Hawthorne
Street, San Francisco, California. Such
ENVIRONMENTAL PROTECTION
deliveries are accepted only during
AGENCY
EPA’s normal hours of operation, and
special arrangements should be made
40 CFR Part 300
for deliveries of boxed information.
[EPA–HQ–SFUND–1989–0011; FRL–9972–
Instructions: Direct your comments to
58—Region 9]
Docket ID no. EPA–HQ–SFUND–1989–
0011. EPA’s policy is that all comments
National Oil and Hazardous
received will be included in the public
Substances Pollution Contingency
docket without change and may be
Plan; National Priorities List: Partial
made available online at https://
Deletion of the Pacific Coast Pipe
www.regulations.gov, including any
Lines Superfund Site
personal information provided, unless
the comment includes information
AGENCY: Environmental Protection
claimed to be Confidential Business
Agency.
Information (CBI) or other information
ACTION: Notice of proposed rulemaking.
whose disclosure is restricted by statute.
SUMMARY: The Environmental Protection Do not submit information that you
Agency (EPA) Region 9 is issuing a
consider to be CBI or otherwise
Notice of Intent for Partial Deletion of
protected through https://
the surface soil portion of the Pacific
www.regulations.gov or email. The
Coast Pipe Lines (PCPL) Superfund Site https://www.regulations.gov website is
(Site) located in Fillmore, California,
an ‘‘anonymous access’’ system, which
from the National Priorities List (NPL)
means EPA will not know your identity
and requests public comments on this
or contact information unless you
proposed action. The NPL, promulgated provide it in the body of your comment.
pursuant to section 105 of the
If you send an email comment directly
Comprehensive Environmental
to EPA without going through https://
Response, Compensation, and Liability
www.regulations.gov, your email
Act (CERCLA) of 1980, as amended, is
address will be automatically captured
an appendix of the National Oil and
and included as part of the comment
Hazardous Substances Pollution
that is placed in the public docket and
Contingency Plan (NCP). EPA and the
made available on the internet. If you
State of California, through the
submit an electronic comment, EPA
Department of Toxic Substances Control recommends that you include your
(DTSC), have determined that there is
name and other contact information in
no exposure to contaminated soil at the
the body of your comment and with any
Site and that all appropriate response
disk or CD–ROM you submit. If EPA
actions at the identified parcel under
cannot read your comment due to
CERCLA, other than maintenance,
technical difficulties and cannot contact
monitoring and five-year reviews, have
you for clarification, EPA may not be
been completed. However, this deletion able to consider your comment.
does not preclude future actions under
Electronic files should avoid the use of
Superfund.
special characters, any form of
This partial deletion pertains to the
encryption, and be free of any defects or
surface soil; a map indicating the area
viruses.
to be deleted is in the public docket.
Docket: All documents in the docket
The groundwater will remain on the
are listed in the https://
NPL and is not being considered for
www.regulations.gov index. Although
deletion as part of this action.
listed in the index, some information is
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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 in https://
www.regulations.gov or in hard copy at
the following repositories:
Superfund Records Center, 75
Hawthorne Street Room 3110, San
Francisco, California, Hours: 8:00 a.m.–
4:00 p.m.; (415) 947–8717.
Site Repository: Fillmore Library, 502
2nd Street, Fillmore, California. Call
(805) 524–3355 for hours of operation.
FOR FURTHER INFORMATION CONTACT:
Holly Hadlock, Remedial Project
Manager, U.S. EPA, Region 9 (SFD–7–3),
75 Hawthorne Street, San Francisco, CA
94105, (415) 972–3171, email:
hadlock.holly@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
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I. Introduction
EPA Region 9 announces its intent to
delete the surface soil portion of the
PCPL Superfund Site from the 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 in order to
identify sites that appear to present a
significant risk to public health, welfare,
or the environment. Sites on the NPL
are eligible for remedial actions
financed by the Hazardous Substance
Superfund (Fund). This partial deletion
of the Pacific Coast Pipeline Site is
proposed in accordance with 40 CFR
300.425(e) and is consistent with the
Notice of Policy Change: Partial
Deletion of Sites Listed on the National
Priorities List. 60 FR 55466 (Nov. 1,
1995). As described in 300.425(e)(3) of
the NCP, a portion of a site deleted from
the NPL remains eligible for Fundfinanced remedial action if future
conditions warrant such actions.
EPA will accept comments on the
proposal to partially delete this site for
thirty (30) days after publication of this
document in the Federal Register.
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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.
Pursuant to CERCLA section 121(c)
and the NCP, EPA conducts five-year
reviews to ensure the continued
protectiveness of remedial actions
where hazardous substances, pollutants,
or contaminants remain at a site above
levels that allow for unlimited use and
unrestricted exposure. EPA conducts
such five-year reviews even if a site is
deleted from the NPL. EPA may initiate
further action to ensure continued
protectiveness at a deleted site if new
information becomes available that
indicates it is appropriate. Whenever
there is a significant release from a site
deleted from the NPL, the deleted site
may be restored to the NPL without
application of the hazard ranking
system.
III. Deletion Procedures
The following procedures apply to
deletion of the surface soil portion of
the Site:
(1) EPA consulted with the State
before developing this Notice of Intent
for Partial Deletion.
(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 California, through
DTSC, has concurred with the deletion
of the surface soil portion of the Pacific
Coast Pipe Lines Superfund Site from
the NPL.
(5) Concurrently, with the publication
of this Notice of Intent for Partial
Deletion in the Federal Register, a
notice is being published in two major
local newspapers, the Ventura County
Star and the Fillmore Gazette. The
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notices announce the 30-day public
comment period concerning the Notice
of Intent for Partial Deletion of the Site
from the NPL.
(6) EPA placed copies of documents
supporting the proposed partial 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 comment period on this
document, EPA will evaluate and
respond accordingly to the comments
before making a final decision to delete
the surface soil portion. 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 surface soil portion of the
PCPL Superfund Site, the Regional
Administrator will publish a final
Notice of Partial 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 included in the site
information repositories listed above.
Deletion of a portion of a site from the
NPL does not itself create, alter, or
revoke any individual’s rights or
obligations. Deletion of a portion 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 Partial Site Deletion
The following information provides
EPA’s rationale for deleting the surface
soil portion of the PCPL Superfund Site
from the NPL:
Site Background and History
The Site (CERCLIS ID
#CAD980636781) is just east of the City
of Fillmore in Ventura County,
California. It is north of Highway 126
and the Santa Clara River and east of
Pole Creek. It was a former oil refinery
that shut down in 1950, then a crude oil
pumping station until 2002. Refinery
wastes from numerous on-site waste pits
resulted in groundwater becoming
contaminated with benzene, toluene,
ethylbenzene, and xylene. On June 24,
1988, the Site was proposed for NPL
listing (53 FR 23988). On October 4,
1989, EPA added the Site to the NPL (54
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FR 41015). There is one site-wide
Operable Unit that covers both
groundwater and surface soil. The
surface soil is being addressed in this
proposed action. A map of the proposed
deletion area is in the docket.
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Ongoing Development
The 55-acre former refinery property
is zoned for industrial and agricultural
use. Land use in the surrounding area is
commercial, residential, agricultural,
and undeveloped open space.
Concurrent with the remedial action,
the property was graded into lots for
commercial use. The property owner,
Chevron Corporation, has leased the
property to Cenergy Power for use as a
solar energy facility.
2011 Remedial Investigation and
Feasibility Study (RI/FS)
In 2011 EPA conducted a focused RI
of the surface soil, defined as 0 to 10
feet below ground surface (bgs) for the
Site, to determine the nature and extent
of soil contamination and to evaluate
the potential for soil vapor intrusion.
Investigations before the 1992 Record of
Decision (ROD) determined that the
surface soil was no longer a source of
contamination to groundwater because
none of the contaminants in the soil
were found in the groundwater. Because
the contaminants in soil were not
migrating to groundwater, EPA limited
its soil investigation for the 2011 RI to
the surface soil. EPA concluded that
there are no exposure pathways for
contaminants below 10 feet bgs, as no
on-site workers, recreational users,
residents, or ecological receptors would
be exposed to contaminants below 10
feet.
The primary contaminants of concern
in the soil were lead and polycyclic
aromatic hydrocarbons (PAHs). Three
contaminants were detected in soil gas
above health-based screening levels in a
few areas on the Site: Benzene,
ethylbenzene, and naphthalene. The
vapor intrusion investigation conducted
as part of the 2011 RI showed that
benzene in groundwater does not pose
a vapor intrusion health risk because the
benzene vapors are naturally
biodegrading to concentrations below
health-based levels before making their
way to the surface.
EPA evaluated five remedial
alternatives for the soil remedy in the
2011 FS: (1) No action; (2) excavation
with off-site disposal; (3) excavation
with on-site disposal and capping; (4)
excavation with composting; and (5a
and 5b) excavation with solidification
and on-site disposal (two solidification
options were evaluated). All alternatives
except for the no action alternative
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included institutional controls to
restrict future use of the property.
Alternatives 4 and 5b did not address all
soil contaminants and EPA deemed
them, along with Alternative 1, not
protective of human health and the
environment.
2011 Remedy for Soils
EPA selected Alternative 3 for the soil
remedy in the ROD Amendment dated
September 29, 2011. An earlier ROD for
the site, dated March 31, 1992, selected
groundwater extraction and treatment as
the remedy for the contaminated
groundwater and soil vapor extraction
for the contaminated vadose zone but
did not address soil contamination at
the Site. The major components of the
soil remedy were: (1) Consolidation of
excavated soil in a former on-site waste
pit; (2) an engineered cap to prevent
leaching of contaminants into
groundwater; and (3) institutional
controls to ensure the cap integrity
would be maintained and to restrict the
future use of the property to commercial
and recreational uses only. The
Remedial Action Objectives for soil
were: (1) Prevent human exposure
through direct dermal contact,
ingestion, and inhalation of shallow soil
and soil vapor contaminated above
threshold levels for commercial land
use, construction activities, and
recreational activities; (2) prevent
contaminants in waste pit (lead, PAHs)
from migrating into underlying
groundwater; and (3) reduce
contamination in soil below toxicity
threshold levels so it is not toxic to the
plants and animals of the existing scrub
habitat.
The 2011 ROD Amendment cleanup
level for surface soil lead is 320 mg/kg.
This concentration, based on the Adult
Blood-Lead Model, could result in a
blood-lead concentration equal to 1
mg/dL in exposed workers and
recreational users. In selecting this
cleanup level, EPA has prohibited the
Site being used for residences, schools,
day cares, or a hospital. In addition, two
other lead cleanup levels were chosen
for ecological receptors in the hillside
scrub habitat at the east edge of the site:
26 mg/kg for the top six inches of soil
and 56 mg/kg for soil from six inches
down to six feet.
Response Actions
Pursuant to a Consent Decree,
Chevron prepared all remedial design
(RD) documents and conducted all soil
cleanup activities with EPA and DTSC
oversight. RD activities included
preparing work plans and design
documents, notifying the public,
obtaining necessary permits, and
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60945
conducting additional soil sampling to
further delineate the lateral extent of
contamination and to determine if the
historical soil berms throughout the Site
had contamination exceeding ROD
Amendment cleanup levels. The main
consolidation area (CA) was designed to
accommodate 23,500 cubic yards (cy) of
soil; however, a supplemental CA was
designed as a contingency in case more
volume was needed than the original
estimate of 19,600 cy.
RA construction activities took place
during two construction seasons, from
May 2013 to November 2013 and from
March 2014 to November 2014.
Contaminated soil was removed from
locations with concentrations above
cleanup levels including 39 locations
with elevated lead, 40 locations with
elevated PAHs, and 17 locations with
elevated levels of both. In addition, it
was determined that elevated levels of
chemicals with soil gas survey results
exceeding risk-based criteria were colocated with soil containing elevated
levels of PAHs and these soils were
removed during excavation (RA Report,
page 13). Approximately 43,612 cy of
soil were excavated during the RA.
41,899 cy were placed in the two CAs:
22,425 cy in the main CA and 19,474 cy
in the Supplemental CA. The remaining
1,713 cy, encountered and excavated
after the two CA caps were in place,
were disposed of as a non-hazardous
waste at Clean Harbors’ Buttonwillow,
California, landfill because these soils
did not meet hazardous waste criteria
and did not contain RCRA-listed waste.
Once analytical results from the lab
confirmed that ROD Amendment soilcleanup levels had been met, the
excavations were backfilled with clean
fill. A 5-foot-thick engineered cap was
placed on each CA. Each cap consists of
several layers designed to prevent
penetration and vertical water
infiltration.
Cleanup Levels
EPA reviewed data from soil samples
collected and analyzed from each
excavation location to confirm that ROD
Amendment cleanup levels had been
met. Post-remediation soil vapor
sampling was conducted to confirm that
soil gas cleanup levels had been met. In
2015 EPA determined that all
contaminants of concern were below
their cleanup levels and that the remedy
was functioning as designed.
Operation, Maintenance, and
Monitoring
The operation, maintenance, and
monitoring (OM&M) of the soil remedy
includes periodic inspections of the CA
caps and performance of any necessary
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maintenance. The Final Soil Operation,
Maintenance, and Monitoring Plan
establishes an inspection, monitoring,
and maintenance program and a
schedule of activities for the first five
years following the 2014 completion of
the soil RA. Chevron is responsible for
OM&M activities and EPA is responsible
for oversight.
Institutional Controls/Restrictions on
Use of the Site
The soil remedy for the Site includes
institutional controls to restrict future
property use to commercial and
recreational purposes and to limit
actions that could interfere with the
remedy (the caps). Consistent with the
institutional controls selected in the
ROD Amendment, EPA, DTSC, and
Chevron developed a land use covenant
to restrict the use of the Site; this
covenant was recorded at the Ventura
County Recorder’s Office on August 19,
2016, and ‘‘runs with the land,’’
meaning the restrictions are binding on
current and subsequent property owners
and remain in effect until they are
formally removed or modified. A copy
of the covenant is in the docket.
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2016 Five-Year Review
EPA conducts reviews every five
years to determine if remedies are
functioning as intended and if they
continue to be protective of human
health and the environment. Because
contaminants remain in the PCPL Site
soil above levels that would allow for
unlimited use and unrestricted
exposure, EPA will continue to conduct
five-year reviews, as required by statute.
EPA issued the Fourth Five-Year
Review Report on August 22, 2016, and
concluded that the soil remediation is
complete and the remedy at the PCPL
Site is functioning as intended and is
protective of human health and the
environment in both the short-term and
the long-term. There were no issues or
recommendations. EPA will conduct the
next five-year review in 2021.
Community Involvement
EPA prepared a Community
Involvement Plan in 2011. EPA held
numerous community meetings before
and during the soil cleanup, and issued
fact sheets and postcard updates. EPA
also conducted Site tours before the soil
cleanup began. At EPA’s request, the
Agency for Toxic Substances and
Disease Registry prepared a Health
Consultation that evaluated the possible
health effects from airborne dust at the
Site. It concluded that community
members were not likely to be exposed
to lead or PAHs in Site soil or dust at
levels that could cause health effects.
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EPA released a fact sheet shortly before
publication of this Notice informing the
community of the proposal to delete the
surface soil portion of the Site from the
NPL and how to submit comments.
Determination That the Criteria for
Deletion Have Been Met
EPA has followed all procedures
required by 40 CFR 300.425(e), Deletion
from the NPL. EPA consulted with the
State of California prior to developing
this Notice. EPA determined that the
responsible party has implemented all
appropriate response actions required
and that no further response action for
the surface soil portion of the Site is
appropriate. EPA is publishing a notice
in two major local newspapers, The
Ventura County Star and the Fillmore
Gazette, of its intent to partially delete
the Site and how to submit comments.
EPA placed copies of documents
supporting the proposed partial deletion
in the Site information repositories;
these documents are available for public
inspection and copying.
The implemented soil remedy
achieved the degree of cleanup and
protection specified in the ROD
Amendment for the surface soil portion
of the Site. The selected remedial action
objectives and associated cleanup levels
for the surface soil are consistent with
agency policy and guidance. Based on
information currently available to EPA,
no further Superfund response in the
area proposed for deletion is needed to
protect human health and the
environment.
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(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p.306; 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: December 18, 2017.
Alexis Strauss,
Acting Regional Administrator.
[FR Doc. 2017–27794 Filed 12–22–17; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1987–0002; FRL–9972–
37—Region 3]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the C&D Recycling Superfund Site
Environmental Protection
Agency.
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region III is issuing a
Notice of Intent to Delete the C&D
Recycling Superfund Site (Site) located
in Foster Township, Pennsylvania, 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). The EPA and
the Commonwealth of Pennsylvania,
through the Pennsylvania Department of
Environmental Protection (PADEP),
have determined that all appropriate
response actions under CERCLA, have
been completed. However, this deletion
does not preclude EPA from taking
future actions at the Site under
Superfund.
SUMMARY:
Comments must be received by
January 25, 2018.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–1987–0002, at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Once submitted, comments cannot be
edited or removed from Regulations.gov.
The EPA may publish any comment
received to its public docket. Do not
submit electronically any information
you consider to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Multimedia
submissions (audio, video, etc.) must be
accompanied by a written comment.
The written comment is considered the
official comment and should include
discussion of all points you wish to
make. The EPA will generally not
consider comments or comment
contents located outside of the primary
submission (i.e. on the web, cloud, or
other file sharing system). For
additional submission methods, the full
EPA public comment policy,
DATES:
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]]>Agencies
[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Proposed Rules]
[Pages 60943-60946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27794]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1989-0011; FRL-9972-58--Region 9]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Pacific Coast Pipe
Lines Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Environmental Protection Agency (EPA) Region 9 is issuing
a Notice of Intent for Partial Deletion of the surface soil portion of
the Pacific Coast Pipe Lines (PCPL) Superfund Site (Site) located in
Fillmore, California, 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 California, through the
Department of Toxic Substances Control (DTSC), have determined that
there is no exposure to contaminated soil at the Site and that all
appropriate response actions at the identified parcel under CERCLA,
other than maintenance, monitoring and five-year reviews, have been
completed. However, this deletion does not preclude future actions
under Superfund.
This partial deletion pertains to the surface soil; a map
indicating the area to be deleted is in the public docket. The
groundwater will remain on the NPL and is not being considered for
deletion as part of this action.
DATES: Comments must be received by January 25, 2018.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1989-0011, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments.
Email: Project Manager: [email protected] or Community
Involvement Coordinator: [email protected].
Mail: Holly Hadlock (SFD-7-3), U.S. EPA, 75 Hawthorne
Street, San Francisco, CA 94105.
Hand delivery: Holly Hadlock (SFD-7-3), U.S. EPA, 75
Hawthorne Street, San Francisco, California. Such deliveries are
accepted only during EPA'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-SFUND-
1989-0011. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or email. The https://www.regulations.gov website 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 https://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.
Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some
information is
[[Page 60944]]
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 in
https://www.regulations.gov or in hard copy at the following
repositories:
Superfund Records Center, 75 Hawthorne Street Room 3110, San
Francisco, California, Hours: 8:00 a.m.-4:00 p.m.; (415) 947-8717.
Site Repository: Fillmore Library, 502 2nd Street, Fillmore,
California. Call (805) 524-3355 for hours of operation.
FOR FURTHER INFORMATION CONTACT: Holly Hadlock, Remedial Project
Manager, U.S. EPA, Region 9 (SFD-7-3), 75 Hawthorne Street, San
Francisco, CA 94105, (415) 972-3171, email: [email protected]
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
EPA Region 9 announces its intent to delete the surface soil
portion of the PCPL Superfund Site from the 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
in order to identify sites that appear to present a significant risk to
public health, welfare, or the environment. Sites on the NPL are
eligible for remedial actions financed by the Hazardous Substance
Superfund (Fund). This partial deletion of the Pacific Coast Pipeline
Site is proposed in accordance with 40 CFR 300.425(e) and is consistent
with the Notice of Policy Change: Partial Deletion of Sites Listed on
the National Priorities List. 60 FR 55466 (Nov. 1, 1995). As described
in 300.425(e)(3) of the NCP, a portion of a site deleted from the NPL
remains eligible for Fund-financed remedial action if future conditions
warrant such actions.
EPA will accept comments on the proposal to partially delete this
site for thirty (30) days after publication of this document in the
Federal Register.
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.
Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site is deleted
from the NPL. EPA may initiate further action to ensure continued
protectiveness at a deleted site if new information becomes available
that indicates it is appropriate. Whenever there is a significant
release from a site deleted from the NPL, the deleted site may be
restored to the NPL without application of the hazard ranking system.
III. Deletion Procedures
The following procedures apply to deletion of the surface soil
portion of the Site:
(1) EPA consulted with the State before developing this Notice of
Intent for Partial Deletion.
(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 California, through DTSC, has concurred with the
deletion of the surface soil portion of the Pacific Coast Pipe Lines
Superfund Site from the NPL.
(5) Concurrently, with the publication of this Notice of Intent for
Partial Deletion in the Federal Register, a notice is being published
in two major local newspapers, the Ventura County Star and the Fillmore
Gazette. The notices announce the 30-day public comment period
concerning the Notice of Intent for Partial Deletion of the Site from
the NPL.
(6) EPA placed copies of documents supporting the proposed partial
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 comment period on this
document, EPA will evaluate and respond accordingly to the comments
before making a final decision to delete the surface soil portion. 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 surface soil
portion of the PCPL Superfund Site, the Regional Administrator will
publish a final Notice of Partial 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
included in the site information repositories listed above.
Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion of a portion 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 Partial Site Deletion
The following information provides EPA's rationale for deleting the
surface soil portion of the PCPL Superfund Site from the NPL:
Site Background and History
The Site (CERCLIS ID #CAD980636781) is just east of the City of
Fillmore in Ventura County, California. It is north of Highway 126 and
the Santa Clara River and east of Pole Creek. It was a former oil
refinery that shut down in 1950, then a crude oil pumping station until
2002. Refinery wastes from numerous on-site waste pits resulted in
groundwater becoming contaminated with benzene, toluene, ethylbenzene,
and xylene. On June 24, 1988, the Site was proposed for NPL listing (53
FR 23988). On October 4, 1989, EPA added the Site to the NPL (54
[[Page 60945]]
FR 41015). There is one site-wide Operable Unit that covers both
groundwater and surface soil. The surface soil is being addressed in
this proposed action. A map of the proposed deletion area is in the
docket.
Ongoing Development
The 55-acre former refinery property is zoned for industrial and
agricultural use. Land use in the surrounding area is commercial,
residential, agricultural, and undeveloped open space. Concurrent with
the remedial action, the property was graded into lots for commercial
use. The property owner, Chevron Corporation, has leased the property
to Cenergy Power for use as a solar energy facility.
2011 Remedial Investigation and Feasibility Study (RI/FS)
In 2011 EPA conducted a focused RI of the surface soil, defined as
0 to 10 feet below ground surface (bgs) for the Site, to determine the
nature and extent of soil contamination and to evaluate the potential
for soil vapor intrusion. Investigations before the 1992 Record of
Decision (ROD) determined that the surface soil was no longer a source
of contamination to groundwater because none of the contaminants in the
soil were found in the groundwater. Because the contaminants in soil
were not migrating to groundwater, EPA limited its soil investigation
for the 2011 RI to the surface soil. EPA concluded that there are no
exposure pathways for contaminants below 10 feet bgs, as no on-site
workers, recreational users, residents, or ecological receptors would
be exposed to contaminants below 10 feet.
The primary contaminants of concern in the soil were lead and
polycyclic aromatic hydrocarbons (PAHs). Three contaminants were
detected in soil gas above health-based screening levels in a few areas
on the Site: Benzene, ethylbenzene, and naphthalene. The vapor
intrusion investigation conducted as part of the 2011 RI showed that
benzene in groundwater does not pose a vapor intrusion health risk
because the benzene vapors are naturally biodegrading to concentrations
below health-based levels before making their way to the surface.
EPA evaluated five remedial alternatives for the soil remedy in the
2011 FS: (1) No action; (2) excavation with off-site disposal; (3)
excavation with on-site disposal and capping; (4) excavation with
composting; and (5a and 5b) excavation with solidification and on-site
disposal (two solidification options were evaluated). All alternatives
except for the no action alternative included institutional controls to
restrict future use of the property. Alternatives 4 and 5b did not
address all soil contaminants and EPA deemed them, along with
Alternative 1, not protective of human health and the environment.
2011 Remedy for Soils
EPA selected Alternative 3 for the soil remedy in the ROD Amendment
dated September 29, 2011. An earlier ROD for the site, dated March 31,
1992, selected groundwater extraction and treatment as the remedy for
the contaminated groundwater and soil vapor extraction for the
contaminated vadose zone but did not address soil contamination at the
Site. The major components of the soil remedy were: (1) Consolidation
of excavated soil in a former on-site waste pit; (2) an engineered cap
to prevent leaching of contaminants into groundwater; and (3)
institutional controls to ensure the cap integrity would be maintained
and to restrict the future use of the property to commercial and
recreational uses only. The Remedial Action Objectives for soil were:
(1) Prevent human exposure through direct dermal contact, ingestion,
and inhalation of shallow soil and soil vapor contaminated above
threshold levels for commercial land use, construction activities, and
recreational activities; (2) prevent contaminants in waste pit (lead,
PAHs) from migrating into underlying groundwater; and (3) reduce
contamination in soil below toxicity threshold levels so it is not
toxic to the plants and animals of the existing scrub habitat.
The 2011 ROD Amendment cleanup level for surface soil lead is 320
mg/kg. This concentration, based on the Adult Blood-Lead Model, could
result in a blood-lead concentration equal to 1 [micro]g/dL in exposed
workers and recreational users. In selecting this cleanup level, EPA
has prohibited the Site being used for residences, schools, day cares,
or a hospital. In addition, two other lead cleanup levels were chosen
for ecological receptors in the hillside scrub habitat at the east edge
of the site: 26 mg/kg for the top six inches of soil and 56 mg/kg for
soil from six inches down to six feet.
Response Actions
Pursuant to a Consent Decree, Chevron prepared all remedial design
(RD) documents and conducted all soil cleanup activities with EPA and
DTSC oversight. RD activities included preparing work plans and design
documents, notifying the public, obtaining necessary permits, and
conducting additional soil sampling to further delineate the lateral
extent of contamination and to determine if the historical soil berms
throughout the Site had contamination exceeding ROD Amendment cleanup
levels. The main consolidation area (CA) was designed to accommodate
23,500 cubic yards (cy) of soil; however, a supplemental CA was
designed as a contingency in case more volume was needed than the
original estimate of 19,600 cy.
RA construction activities took place during two construction
seasons, from May 2013 to November 2013 and from March 2014 to November
2014. Contaminated soil was removed from locations with concentrations
above cleanup levels including 39 locations with elevated lead, 40
locations with elevated PAHs, and 17 locations with elevated levels of
both. In addition, it was determined that elevated levels of chemicals
with soil gas survey results exceeding risk-based criteria were co-
located with soil containing elevated levels of PAHs and these soils
were removed during excavation (RA Report, page 13). Approximately
43,612 cy of soil were excavated during the RA. 41,899 cy were placed
in the two CAs: 22,425 cy in the main CA and 19,474 cy in the
Supplemental CA. The remaining 1,713 cy, encountered and excavated
after the two CA caps were in place, were disposed of as a non-
hazardous waste at Clean Harbors' Buttonwillow, California, landfill
because these soils did not meet hazardous waste criteria and did not
contain RCRA-listed waste. Once analytical results from the lab
confirmed that ROD Amendment soil-cleanup levels had been met, the
excavations were backfilled with clean fill. A 5-foot-thick engineered
cap was placed on each CA. Each cap consists of several layers designed
to prevent penetration and vertical water infiltration.
Cleanup Levels
EPA reviewed data from soil samples collected and analyzed from
each excavation location to confirm that ROD Amendment cleanup levels
had been met. Post-remediation soil vapor sampling was conducted to
confirm that soil gas cleanup levels had been met. In 2015 EPA
determined that all contaminants of concern were below their cleanup
levels and that the remedy was functioning as designed.
Operation, Maintenance, and Monitoring
The operation, maintenance, and monitoring (OM&M) of the soil
remedy includes periodic inspections of the CA caps and performance of
any necessary
[[Page 60946]]
maintenance. The Final Soil Operation, Maintenance, and Monitoring Plan
establishes an inspection, monitoring, and maintenance program and a
schedule of activities for the first five years following the 2014
completion of the soil RA. Chevron is responsible for OM&M activities
and EPA is responsible for oversight.
Institutional Controls/Restrictions on Use of the Site
The soil remedy for the Site includes institutional controls to
restrict future property use to commercial and recreational purposes
and to limit actions that could interfere with the remedy (the caps).
Consistent with the institutional controls selected in the ROD
Amendment, EPA, DTSC, and Chevron developed a land use covenant to
restrict the use of the Site; this covenant was recorded at the Ventura
County Recorder's Office on August 19, 2016, and ``runs with the
land,'' meaning the restrictions are binding on current and subsequent
property owners and remain in effect until they are formally removed or
modified. A copy of the covenant is in the docket.
2016 Five-Year Review
EPA conducts reviews every five years to determine if remedies are
functioning as intended and if they continue to be protective of human
health and the environment. Because contaminants remain in the PCPL
Site soil above levels that would allow for unlimited use and
unrestricted exposure, EPA will continue to conduct five-year reviews,
as required by statute. EPA issued the Fourth Five-Year Review Report
on August 22, 2016, and concluded that the soil remediation is complete
and the remedy at the PCPL Site is functioning as intended and is
protective of human health and the environment in both the short-term
and the long-term. There were no issues or recommendations. EPA will
conduct the next five-year review in 2021.
Community Involvement
EPA prepared a Community Involvement Plan in 2011. EPA held
numerous community meetings before and during the soil cleanup, and
issued fact sheets and postcard updates. EPA also conducted Site tours
before the soil cleanup began. At EPA's request, the Agency for Toxic
Substances and Disease Registry prepared a Health Consultation that
evaluated the possible health effects from airborne dust at the Site.
It concluded that community members were not likely to be exposed to
lead or PAHs in Site soil or dust at levels that could cause health
effects. EPA released a fact sheet shortly before publication of this
Notice informing the community of the proposal to delete the surface
soil portion of the Site from the NPL and how to submit comments.
Determination That the Criteria for Deletion Have Been Met
EPA has followed all procedures required by 40 CFR 300.425(e),
Deletion from the NPL. EPA consulted with the State of California prior
to developing this Notice. EPA determined that the responsible party
has implemented all appropriate response actions required and that no
further response action for the surface soil portion of the Site is
appropriate. EPA is publishing a notice in two major local newspapers,
The Ventura County Star and the Fillmore Gazette, of its intent to
partially delete the Site and how to submit comments. EPA placed copies
of documents supporting the proposed partial deletion in the Site
information repositories; these documents are available for public
inspection and copying.
The implemented soil remedy achieved the degree of cleanup and
protection specified in the ROD Amendment for the surface soil portion
of the Site. The selected remedial action objectives and associated
cleanup levels for the surface soil are consistent with agency policy
and guidance. Based on information currently available to EPA, no
further Superfund response in the area proposed for deletion is needed
to protect human health and the environment.
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(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p.306; 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: December 18, 2017.
Alexis Strauss,
Acting Regional Administrator.
[FR Doc. 2017-27794 Filed 12-22-17; 8:45 am]
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