National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Intel Corp. (Santa Clara III) Superfund Site, 37195-37198 [2019-16320]
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Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Proposed Rules
40 CFR Part 300
[EPA–HQ–SFUND–2006–0759; FRL–9997–
46–Region 5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the South Minneapolis
Residential Soil Contamination
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notification of
intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 5 is issuing a
Notice of Intent to Delete all but nine of
approximately 3,632 properties located
within the South Minneapolis
Residential Soil Contamination
Superfund Site (South Minn. Site) in
Minneapolis, Minnesota 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 State of Minnesota, through the
Minnesota Department of Agriculture
(MDA), have determined that all
appropriate response actions identified
for these properties have been
completed. However, this deletion does
not preclude future actions under
Superfund.
SUMMARY:
Comments must be received by
August 30, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–2006–0759, by mail to
Randolph Cano, NPL Deletion
Coordinator, U.S. Environmental
Protection Agency Region 5 (ST–6J), 77
West Jackson Boulevard, Chicago, IL
60604. Comments may also be
submitted electronically or through
hand delivery/courier by following the
detailed instructions in the ADDRESSES
section of the direct final rule located in
the ‘‘Rules and Regulations’’ section of
this issue of the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Randolph Cano, NPL Deletion
Coordinator, U.S. Environmental
Protection Agency Region 5 (ST–6J), 77
West Jackson Boulevard, Chicago, IL
60604, (312) 886–6036, or via email at
cano.randolph@epa.gov.
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DATES:
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This
partial deletion pertains to all
residential properties, parks, schools,
playgrounds associated with church
schools and a cemetery located within
an approximate three-quarter mile
radius of the CMC Heartland Lite Yard
State Superfund Cleanup Site (the area
known as the South Minn. Site),
excluding the nine properties identified
in Table 1 in the Docket that still require
sampling and/or remediation. The nine
properties identified in Table 1 in the
Docket will remain on the NPL and are
not being considered for deletion as part
of this action.
In the ‘‘Rules and Regulations’’
Section of this issue of the Federal
Register, we are publishing a direct final
Notice of Partial Deletion of the South
Minn. Site without prior Notice of
Intent for Partial Deletion because EPA
views this as a noncontroversial
revision and anticipates no adverse
comment. We have explained our
reasons for this deletion in the preamble
to the direct final Notice of Partial
Deletion, and those reasons are
incorporated herein. If we receive no
adverse comment(s) on this partial
deletion action, we will not take further
action on this Notice of Intent for Partial
Deletion. If we receive adverse
comment(s), we will withdraw the
direct final Notice of Partial Deletion,
and it will not take effect. We will, as
appropriate, address all public
comments in a subsequent final Notice
of Partial Deletion based on this Notice
of Intent for Partial Deletion. We will
not institute a second comment period
on this Notice of Intent for Partial
Deletion. Any parties interested in
commenting must do so at this time.
For additional information, see the
direct final Notice of Partial Deletion
which is located in the ‘‘Rules and
Regulations’’ section of this Federal
Register.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
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.
9601–9675; 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: July 19, 2019.
Cheryl Newton,
Acting Regional Administrator, Region 5.
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37195
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1986–0005; FRL–9997–
61–Region 9]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Intel Corp. (Santa Clara III)
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 9 is issuing a
Notice of Intent to Delete the Intel Corp.
(Santa Clara III) Superfund Site (Site)
located in Santa Clara, 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 San
Francisco Regional Water Quality
Control Board (RWQCB), have
determined that all appropriate
response actions under CERCLA have
been completed. However, this deletion
does not preclude future actions under
Superfund.
DATES: Comments must be received by
August 30, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1986–0005, by one of the
following methods:
• 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. 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, information about CBI or
SUMMARY:
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multimedia submissions, and general
guidance on making effective
comments, please visit https://
www2.epa.gov/dockets/commentingepa-dockets.
• Email: Project Manager:
Hadlock.holly@epa.gov or Community
Involvement Coordinator: Lane.jackie@
epa.gov.
• Mail: Holly Hadlock (SFD–7–3),
U.S. EPA, 75 Hawthorne Street, San
Francisco, CA 94105.
• Hand delivery: Superfund Records
Center, 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–1986–
0005. 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 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
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statue. Certain other
material, such as copyrighted material,
will be publicly available only in the
hard copy. Publicly available docket
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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: Santa Clara City
Library, 2635 Homestead Road, Santa
Clara, California. Call (408) 615–2900
for hours of operation.
FOR FURTHER INFORMATION CONTACT:
Holly Hadlock, 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 Site Deletion
I. Introduction
EPA Region 9 announces its intent to
delete the Intel Corp. (Santa Clara III)
Superfund 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 maintains the NPL as the list of
sites that appear to present a significant
risk to public health, welfare, or the
environment. Sites on the NPL may be
the subject of remedial actions financed
by the Hazardous Substance Superfund
(Fund). As described in 40 CFR
300.425(e)(3) of the NCP, sites deleted
from the NPL remain eligible for Fundfinanced remedial actions if future
conditions warrant such actions.
EPA will accept comments on the
proposal to delete this Site for thirty
(30) days after publication of this
document in the Federal Register.
Section II of this document explains
the criteria for deleting sites from the
NPL. Section III discusses procedures
that EPA is using for this action. Section
IV discusses the Site and demonstrates
how it meets the deletion criteria.
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
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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.
III. Deletion Procedures
The following procedures apply to
deletion of the Site:
(1) EPA consulted with the State
before developing this Notice of Intent
to Delete;
(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
the RWQCB, has concurred with
deletion of the Site from the NPL;
(5) Concurrently with the publication
of this Notice of Intent to Delete in the
Federal Register, a notice is being
published in a local newspaper, The
Santa Clara Weekly. The newspaper
notice announces the 30-day public
comment period concerning the Notice
of Intent to Delete the Site from the
NPL; and
(6) EPA placed copies of documents
supporting the proposed deletion in the
deletion docket and made these items
available for public inspection and
copying at the Site information
repositories identified above.
If comments on this document are
received within the 30-day public
comment period, EPA will evaluate and
respond appropriately to the comments
before making a final decision to delete.
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 Site, the
Regional Administrator will publish a
final Notice of 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 in the Site information
repositories listed above.
Deletion of a site from the NPL does
not itself create, alter, or revoke any
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individual’s rights or obligations.
Deletion 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 Site Deletion
The following information provides
EPA’s rationale for deleting the Site
from the NPL.
Site Background and History
The Site (CERCLIS ID #
CAT000612184) is located at 2880
Northwestern Parkway in the City of
Santa Clara, Santa Clara County,
California, approximately six miles
south of the San Francisco Bay. The Site
is approximately four acres in size. Intel
Corporation (Intel) performed quality
control of chemicals and electrical
testing of semiconductors at the Site
from 1976 to 2008. Volatile organic
compounds (VOCs), primarily
trichloroethene (TCE), were detected in
shallow groundwater at the Site starting
in 1982. Waste solvents were managed
in a drum storage area and acid
neutralization system located outdoors
in the area of groundwater
contamination and may have been the
source of the groundwater VOCs;
however, no evidence of a source was
found in Site soil or soil gas. On October
15, 1984, the Site was proposed for NPL
listing (49 FR 40320). On June 10, 1986,
EPA added the Site to the NPL (51 FR
21072). Prior to the Site’s listing on the
NPL, the acid neutralization system and
drum storage area were removed and a
two-well groundwater extraction and
treatment system (GWTS) was installed
and put into operation.
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Ongoing Development
The Site is zoned for light industrial
use and is in an industrial park,
dominated by the electronics industry,
particularly semiconductor
manufacturing. Since 2010, the Site has
been owned by Vantage Data Center as
part of its 18-acre Santa Clara campus,
which is under redevelopment.
Remedial Investigation and Feasibility
Study (RI/FS)
The Remedial Investigation (RI) was
completed in 1989 and included
investigation of groundwater, soil, and
soil gas. Based on the RI, EPA
concluded that only VOCs in shallow
(less than 30 feet deep) groundwater
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required cleanup. By 1990 the only
contaminant above drinking water
standards was TCE. Indoor air was
sampled in 2010 and EPA determined
that there is no unacceptable risk of TCE
vapor intrusion.
EPA completed the Feasibility Study
(FS) in early 1990. The FS evaluated
four alternatives: (1) No further action;
(2) continued operation of the existing
two-well GWTS, groundwater
monitoring, and implementation of a
deed restriction; (3) cyclic operation of
the existing two-well GWTS,
groundwater monitoring, and
implementation of a deed restriction;
and (4) addition of a third extraction
well and cyclic operation of the
expanded GWTS, groundwater
monitoring, and implementation of a
deed restriction.
Selected Remedy
The Record of Decision (ROD) was
issued on September 20, 1990, and
Alternative 4 was the selected remedy.
As described above, this remedy
included modifications to and
continued operation of the existing
GWTS and implementation of a deed
restriction for shallow groundwater use.
The remedial action objectives for the
remedy selected in the 1990 ROD was
to restore the groundwater to maximum
contaminant levels (MCLs); prevent
migration of contaminants in the
groundwater; prevent any exposure of
the public to contaminated
groundwater; and restore the A-zone
groundwater to drinking water quality.
Although the 1990 ROD listed MCL
cleanup criteria for nine different VOCs,
only TCE remained above the MCL
when the ROD was issued.
A ROD Amendment was signed on
September 7, 2010, modifying the
previously selected remedy for the Site,
but leaving intact the 1990 ROD’s RAO
of restoring groundwater to its beneficial
use as drinking water. The amended
remedy included the deed restriction
already recorded for the Site and
monitored natural attenuation (MNA) to
achieve groundwater clean-up
standards.
Response Actions
The remedy selected in the 1990 ROD
remedy was implemented in 1991. By
1995 the GWTS was no longer effective
at reducing groundwater TCE
concentrations and was shut down with
RWQCB approval. In 2005, an in-situ
chemical oxidation (ISCO) pilot test was
implemented, but it also did not achieve
the MCL in all wells. In January 2008,
a new and expanded deed restriction
was recorded. In addition to restricting
extraction of groundwater, this new
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deed restriction included specifications
that no residences, hospitals, schools, or
daycare centers could be built at the Site
and that no excavations greater than
three feet bgs were allowed without
RWQCB approval. In 2016, a pilot study
using injected colloidal activated carbon
was implemented for in situ adsorption
of the low (less than 10 micrograms per
liter) and localized (two monitoring
wells) TCE concentrations above the
MCL that remained in shallow
groundwater. Follow-up injections were
conducted near one of these two
monitoring wells in 2017.
Cleanup Levels
Following the 2016–2017 pilot study,
groundwater monitoring was conducted
periodically in the two monitoring wells
that previously had groundwater TCE
concentrations above the MCL. These
groundwater monitoring data were
evaluated using EPA statistical tools for
assessing completion of groundwater
restoration. EPA determined that the
RAO (i.e., groundwater restoration to
drinking water standards) had been
attained at the Site based on: (1) TCE
concentrations in these two monitoring
wells were below MCLs; (2) TCE
concentrations in these two monitoring
wells were expected to remain below
MCLs; and, (3) groundwater VOCs in all
other Site monitoring wells had been
consistently below MCLs for at least
seven years.
Operation and Maintenance
Under the MNA remedy, the
operation, maintenance, and monitoring
included periodic groundwater
monitoring and maintenance of the deed
restriction. The 2008 deed restriction
was signed by Intel and the RWQCB and
was recorded with Santa Clara County
by Intel. Because cleanup is now
complete at the Site, the deed restriction
is being terminated, groundwater
monitoring has been discontinued, the
monitoring wells have been properly
closed under Santa Clara Valley Water
District (SCVWD) permit, and
monitoring and maintenance have been
discontinued.
Five-Year Reviews
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. EPA issued
the Fifth Five-Year Review Report on
August 4, 2016, and concluded that the
remedy at the Intel Santa Clara 3 Site is
protective of human health and the
environment. At that time, groundwater
contamination had been reduced to
below the MCLs in all but a very limited
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area, and any potential exposures were
controlled through the deed restriction.
No future five-year reviews are needed
because the MCL cleanup goals have
been attained throughout the Site, all
monitoring wells have been closed, and
the deed restriction is being terminated.
ENVIRONMENTAL PROTECTION
AGENCY
Community Involvement
EPA held community meetings before
and during the Site cleanup, most
recently in 2009. 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.
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Duell & Gardner Landfill
Superfund Site
Determination That the Site Meets the
Criteria for Deletion in the NCP
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 Site is appropriate. EPA is
publishing a notice in a local
newspaper, The Santa Clara Weekly, of
its intent to delete the Site and how to
submit comments. EPA placed copies of
documents supporting the proposed
deletion in the Site information
repositories; these documents are
available for public inspection and
copying.
The implemented groundwater
remedy achieved the degree of cleanup
and protection specified in the ROD for
the Site. The selected remedial action
objectives and associated cleanup levels
for the groundwater are consistent with
agency policy and guidance. Based on
information currently available to EPA,
no further Superfund response is
needed to protect human health and the
environment.
The Environmental Protection
Agency (EPA) Region 5 is issuing a
Notice of Intent to Delete the Duell &
Gardner Landfill Superfund Site (Duell
& Gardner Site) located in Dalton
Township, Muskegon County,
Michigan, 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 State of Michigan, through the
Michigan Department of Environment,
Great Lakes and Energy (MDEGLE), have
determined that all appropriate
response actions under CERCLA, other
than operation and maintenance,
monitoring and five-year reviews, have
been completed. However, this deletion
does not preclude future actions under
Superfund.
DATES: Comments must be received by
August 30, 2019.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1983–0002, by mail to
Randolph Cano, NPL Deletion
Coordinator, U.S. Environmental
Protection Agency Region 5 (SR–6J), 77
West Jackson Boulevard, Chicago, IL
60604. Comments may also be
submitted electronically or through
hand delivery/courier by following the
detailed instructions in the ADDRESSES
section of the direct final rule located in
the ‘‘Rules and Regulations’’ section of
this issue of the Federal Register.
FOR FURTHER INFORMATION CONTACT:
Randolph Cano, NPL Deletion
Coordinator, U.S. Environmental
Protection Agency Region 5 (SR–6J), 77
West Jackson Boulevard, Chicago, IL
60604, (312) 886–6036, or via email at
cano.randolph@epa.gov.
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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(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: July 23, 2019.
Michael B. Stoker
Regional Administrator, Region 9.
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40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–9997–
48–Region 5]
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notification of
intent.
AGENCY:
SUMMARY:
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In the
‘‘Rules and Regulations’’ Section in this
issue of the Federal Register, we are
publishing a direct final Notice of
Deletion of the Duell & Gardner Site
without prior Notice of Intent to Delete
because EPA views this as a
noncontroversial revision and anticipate
no adverse comment. We have
explained our reasons for this deletion
in the preamble to the direct final
Notice of Deletion, and those reasons
are incorporated herein. If we receive no
adverse comment(s) on this deletion
action, we will not take further action
on this Notice of Intent to Delete. If we
receive adverse comment(s), we will
withdraw the direct final Notice of
Deletion, and it will not take effect. We
will, as appropriate, address all public
comments in a subsequent final Notice
of Deletion based on this Notice of
Intent to Delete. We will not institute a
second comment period on this Notice
of Intent to Delete. Any parties
interested in commenting must do so at
this time.
For additional information, see the
direct final Notice of Deletion which is
located in the ‘‘Rules and Regulations’’
section of this Federal Register.
SUPPLEMENTARY INFORMATION:
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.
9601–9675; 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: July 17, 2019.
Cathy Stepp,
Regional Administrator, Region 5.
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–9997–
53–Region 5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Buckeye Reclamation Landfill
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of intent.
AGENCY:
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]]>Agencies
[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Proposed Rules]
[Pages 37195-37198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16320]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1986-0005; FRL-9997-61-Region 9]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Intel Corp. (Santa Clara III)
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of intent.
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SUMMARY: The Environmental Protection Agency (EPA) Region 9 is issuing
a Notice of Intent to Delete the Intel Corp. (Santa Clara III)
Superfund Site (Site) located in Santa Clara, 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 San Francisco Regional Water Quality
Control Board (RWQCB), have determined that all appropriate response
actions under CERCLA have been completed. However, this deletion does
not preclude future actions under Superfund.
DATES: Comments must be received by August 30, 2019.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
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. 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, information about CBI or
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multimedia submissions, and general guidance on making effective
comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
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: Superfund Records Center, 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-
1986-0005. 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 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 not publicly available, e.g., CBI or other information
whose disclosure is restricted by statue. 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: Santa Clara City Library, 2635 Homestead Road,
Santa Clara, California. Call (408) 615-2900 for hours of operation.
FOR FURTHER INFORMATION CONTACT: Holly Hadlock, 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 Site Deletion
I. Introduction
EPA Region 9 announces its intent to delete the Intel Corp. (Santa
Clara III) Superfund 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
maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment. Sites
on the NPL may be the subject of remedial actions financed by the
Hazardous Substance Superfund (Fund). As described in 40 CFR
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible
for Fund-financed remedial actions if future conditions warrant such
actions.
EPA will accept comments on the proposal to delete this Site for
thirty (30) days after publication of this document in the Federal
Register.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Site and demonstrates how it
meets the deletion criteria.
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.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the State before developing this Notice of
Intent to Delete;
(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 the RWQCB, has concurred with
deletion of the Site from the NPL;
(5) Concurrently with the publication of this Notice of Intent to
Delete in the Federal Register, a notice is being published in a local
newspaper, The Santa Clara Weekly. The newspaper notice announces the
30-day public comment period concerning the Notice of Intent to Delete
the Site from the NPL; and
(6) EPA placed copies of documents supporting the proposed deletion
in the deletion docket and made these items available for public
inspection and copying at the Site information repositories identified
above.
If comments on this document are received within the 30-day public
comment period, EPA will evaluate and respond appropriately to the
comments before making a final decision to delete. 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 Site, the Regional Administrator
will publish a final Notice of 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 in the
Site information repositories listed above.
Deletion of a site from the NPL does not itself create, alter, or
revoke any
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individual's rights or obligations. Deletion 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 Site Deletion
The following information provides EPA's rationale for deleting the
Site from the NPL.
Site Background and History
The Site (CERCLIS ID # CAT000612184) is located at 2880
Northwestern Parkway in the City of Santa Clara, Santa Clara County,
California, approximately six miles south of the San Francisco Bay. The
Site is approximately four acres in size. Intel Corporation (Intel)
performed quality control of chemicals and electrical testing of
semiconductors at the Site from 1976 to 2008. Volatile organic
compounds (VOCs), primarily trichloroethene (TCE), were detected in
shallow groundwater at the Site starting in 1982. Waste solvents were
managed in a drum storage area and acid neutralization system located
outdoors in the area of groundwater contamination and may have been the
source of the groundwater VOCs; however, no evidence of a source was
found in Site soil or soil gas. On October 15, 1984, the Site was
proposed for NPL listing (49 FR 40320). On June 10, 1986, EPA added the
Site to the NPL (51 FR 21072). Prior to the Site's listing on the NPL,
the acid neutralization system and drum storage area were removed and a
two-well groundwater extraction and treatment system (GWTS) was
installed and put into operation.
Ongoing Development
The Site is zoned for light industrial use and is in an industrial
park, dominated by the electronics industry, particularly semiconductor
manufacturing. Since 2010, the Site has been owned by Vantage Data
Center as part of its 18-acre Santa Clara campus, which is under
redevelopment.
Remedial Investigation and Feasibility Study (RI/FS)
The Remedial Investigation (RI) was completed in 1989 and included
investigation of groundwater, soil, and soil gas. Based on the RI, EPA
concluded that only VOCs in shallow (less than 30 feet deep)
groundwater required cleanup. By 1990 the only contaminant above
drinking water standards was TCE. Indoor air was sampled in 2010 and
EPA determined that there is no unacceptable risk of TCE vapor
intrusion.
EPA completed the Feasibility Study (FS) in early 1990. The FS
evaluated four alternatives: (1) No further action; (2) continued
operation of the existing two-well GWTS, groundwater monitoring, and
implementation of a deed restriction; (3) cyclic operation of the
existing two-well GWTS, groundwater monitoring, and implementation of a
deed restriction; and (4) addition of a third extraction well and
cyclic operation of the expanded GWTS, groundwater monitoring, and
implementation of a deed restriction.
Selected Remedy
The Record of Decision (ROD) was issued on September 20, 1990, and
Alternative 4 was the selected remedy. As described above, this remedy
included modifications to and continued operation of the existing GWTS
and implementation of a deed restriction for shallow groundwater use.
The remedial action objectives for the remedy selected in the 1990
ROD was to restore the groundwater to maximum contaminant levels
(MCLs); prevent migration of contaminants in the groundwater; prevent
any exposure of the public to contaminated groundwater; and restore the
A-zone groundwater to drinking water quality. Although the 1990 ROD
listed MCL cleanup criteria for nine different VOCs, only TCE remained
above the MCL when the ROD was issued.
A ROD Amendment was signed on September 7, 2010, modifying the
previously selected remedy for the Site, but leaving intact the 1990
ROD's RAO of restoring groundwater to its beneficial use as drinking
water. The amended remedy included the deed restriction already
recorded for the Site and monitored natural attenuation (MNA) to
achieve groundwater clean-up standards.
Response Actions
The remedy selected in the 1990 ROD remedy was implemented in 1991.
By 1995 the GWTS was no longer effective at reducing groundwater TCE
concentrations and was shut down with RWQCB approval. In 2005, an in-
situ chemical oxidation (ISCO) pilot test was implemented, but it also
did not achieve the MCL in all wells. In January 2008, a new and
expanded deed restriction was recorded. In addition to restricting
extraction of groundwater, this new deed restriction included
specifications that no residences, hospitals, schools, or daycare
centers could be built at the Site and that no excavations greater than
three feet bgs were allowed without RWQCB approval. In 2016, a pilot
study using injected colloidal activated carbon was implemented for in
situ adsorption of the low (less than 10 micrograms per liter) and
localized (two monitoring wells) TCE concentrations above the MCL that
remained in shallow groundwater. Follow-up injections were conducted
near one of these two monitoring wells in 2017.
Cleanup Levels
Following the 2016-2017 pilot study, groundwater monitoring was
conducted periodically in the two monitoring wells that previously had
groundwater TCE concentrations above the MCL. These groundwater
monitoring data were evaluated using EPA statistical tools for
assessing completion of groundwater restoration. EPA determined that
the RAO (i.e., groundwater restoration to drinking water standards) had
been attained at the Site based on: (1) TCE concentrations in these two
monitoring wells were below MCLs; (2) TCE concentrations in these two
monitoring wells were expected to remain below MCLs; and, (3)
groundwater VOCs in all other Site monitoring wells had been
consistently below MCLs for at least seven years.
Operation and Maintenance
Under the MNA remedy, the operation, maintenance, and monitoring
included periodic groundwater monitoring and maintenance of the deed
restriction. The 2008 deed restriction was signed by Intel and the
RWQCB and was recorded with Santa Clara County by Intel. Because
cleanup is now complete at the Site, the deed restriction is being
terminated, groundwater monitoring has been discontinued, the
monitoring wells have been properly closed under Santa Clara Valley
Water District (SCVWD) permit, and monitoring and maintenance have been
discontinued.
Five-Year Reviews
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. EPA issued the Fifth Five-Year Review
Report on August 4, 2016, and concluded that the remedy at the Intel
Santa Clara 3 Site is protective of human health and the environment.
At that time, groundwater contamination had been reduced to below the
MCLs in all but a very limited
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area, and any potential exposures were controlled through the deed
restriction. No future five-year reviews are needed because the MCL
cleanup goals have been attained throughout the Site, all monitoring
wells have been closed, and the deed restriction is being terminated.
Community Involvement
EPA held community meetings before and during the Site cleanup,
most recently in 2009. 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 Site Meets the Criteria for Deletion in the NCP
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 Site is appropriate. EPA is publishing
a notice in a local newspaper, The Santa Clara Weekly, of its intent to
delete the Site and how to submit comments. EPA placed copies of
documents supporting the proposed deletion in the Site information
repositories; these documents are available for public inspection and
copying.
The implemented groundwater remedy achieved the degree of cleanup
and protection specified in the ROD for the Site. The selected remedial
action objectives and associated cleanup levels for the groundwater are
consistent with agency policy and guidance. Based on information
currently available to EPA, no further Superfund response 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: July 23, 2019.
Michael B. Stoker
Regional Administrator, Region 9.
[FR Doc. 2019-16320 Filed 7-30-19; 8:45 am]
BILLING CODE 6560-50-P
