[Federal Register Volume 63, Number 141 (Thursday, July 23, 1998)]
[Proposed Rules]
[Pages 39545-39549]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-19653]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6128-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the McColl site from the National 
Priorities List.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 9 announces 
the intent to delete the McColl Site (``the site'') from the National 
Priorities List (NPL) and requests public comment on this proposed 
action. The NPL constitutes Appendix B of 40 CFR part 300 which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
which EPA promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation and Liability Act (CERCLA) of 
1980, as amended. EPA and the State of California Department of Toxic 
Substances Control (DTSC) have determined that the remedial action for 
the site has been successfully executed.

DATES: Comments on this site may be submitted to EPA on or before 
August 24, 1998.

ADDRESSES: Comments may be mailed to: Keith Takata, Director, Superfund 
Division, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne 
Street, Mailstop SFD, San Francisco, CA 94105.
    Comprehensive information on this site is available through the 
Region 9 public docket, which is available for viewing by appointment 
only. Appointments for copies of the background information from the 
Regional public docket should be directed to the EPA Regional 9 docket 
office at the following address: SUPERFUND Records Center, U.S. 
Environmental Protection Agency, Region 9, 95 Hawthorne Street, Suite 
403S, San Francisco, CA 94105-3901 (415) 536-2000.
    The deletion docket is also available for viewing at the following 
location: Fullerton Public Library, Local History Room, 353 W. 
Commonwealth Avenue, Fullerton, CA 92633, (714) 738-6333.

FOR FURTHER INFORMATION CONTACT: Patti Collins, U.S. Environmental 
Protection Agency, Region 9, 75 Hawthorne Street, Mailstop SFD-7-3, San 
Francisco, CA 94105, (415) 744-2229.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region 9 announces 
its intent to delete the McColl site in Orange County, California, from 
the National Priorities List (NPL) and requests public comment on this 
proposed action. The NPL constitutes Appendix B of 40 CFR part 300 
which is the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP), which EPA promulgated pursuant to section 105 
of the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA) of 1980, as amended. EPA identifies sites that appear to 
present a significant risk to public health, welfare, or the 
environment and maintains the NPL as the list of these sites. EPA and 
the California Department of Toxic Substances Control (DTSC) have 
determined that the remedial action for the site has been successfully 
executed.
    EPA will accept comments on the proposal to delete this site for 
thirty (30) days after publication of this document in the Federal 
Register.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses the procedures EPA is using 
for this action. Section IV discusses the McColl site and explains how 
the site meets the deletion criteria.

II. NPL Deletion Criteria

    Section 300.425(e)(1) of the NCP provides that releases may be 
deleted from, or recategorized on the NPL where no further response is 
appropriate. In making a determination to delete a release from the 
NPL, EPA shall consider, in consultation with the state, whether any of 
the following criteria have been met:

    Responsible parties or other parties have implemented all 
appropriate actions required; All appropriate responses under CERCLA 
have been implemented, and no further action by responsible parties 
is appropriate; or
    The remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, 
therefore, taking remedial measures is not appropriate.

    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants, or contaminants remain at the site above levels that allow 
for unlimited use and restricted exposure, EPA's policy is that a 
subsequent review of the site will be conducted at least every five 
years after the initiation of the remedial action at the site to ensure 
that the site remains protective of public health and the environment. 
If at any time, new information becomes available which indicates a 
need for further action, EPA may initiate additional remedial actions. 
Whenever there is a significant release from a deleted site form the 
NPL, the site may be restored to the NPL without application of the 
Hazardous Ranking System.
    In the case of this site, the selected remedy is protective of 
human health and the environment. The responsible parties are currently 
and will continue to perform operation and maintenance of the site, 
with the oversight of EPA. EPA will conduct the first five-year review 
of the final remedy in 2001, and will also perform future five-year 
reviews.

III. Deletion Procedures

    The following procedures were used for the intended deletion of 
this site: (1) all appropriate response under CERCLA has been 
implemented and no further action by EPA is appropriate; (2) DTSC has 
concurred with the proposed deletion decision; (3) a document has been 
published in the local newspaper and has been distributed to 
appropriate federal, state, and local officials and other interested 
parties announcing the commencement of a 30-day public comment period 
on EPA's Notice of Intent to Delete; and (4) all relevant documents 
have been made available in the local site information repository.
    Deletion of the site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. The NPL is designed 
primarily for informational purposes and to assist Agency management. 
As mentioned in

[[Page 39546]]

section II of this document, Sec. 300.425(e)(3) of the NCP states that 
the deletion of a site from the NPL does not preclude eligibility for 
future response actions.
    For deletion of this site, EPA's Regional Office will accept and 
evaluate public comments on EPA's Notice of Intent to Delete before 
making a final decision to delete. If necessary, the Agency will 
prepare a Responsiveness Summary to address any significant public 
comments received.
    A deletion occurs when the Regional Administrator places a final 
document in the Federal Register. Generally, the NPL will reflect 
deletions in the final update following the document. The Regional 
Office will make public notices and copies of the Responsiveness 
Summary available to local residents.

IV. Basis of Intended Site Deletion

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

A. Site Background and History

    The twenty-two acre McColl site (the site) is located in Fullerton, 
Orange County, California, approximately 25 miles southeast of Los 
Angeles. Housing developments border the site to the east and south. 
Developed but open areas of a golf course and a regional park border 
the site to the west. An oil field occupies an open area to the north.
    One parcel of the site is referred to as ``The Ramparts'' and the 
other the ``Los Coyotes'' area. The Ramparts area contains six sumps, 
referred to as sumps R-1 through R-6. The Los Coyotes area also 
contains six sumps, referred to as sumps L-1 through L-6. From 1942 
through 1946, approximately 72,600 cubic yards of waste sludge was 
placed in the 12 Ramparts and Los Coyotes sumps. In an attempt to 
mitigate site odors during the 1950s and early 1960s, three sumps (R-1, 
R-2, and R-4) in the Ramparts area were covered with drilling mud. 
Additional arsenic-containing waste of an unknown date and origin was 
later placed in Ramparts sump R-1. Additional soil cover was placed 
over the sumps in the Ramparts area in September 1983. The Los Coyotes 
sumps were covered with natural fill materials during the construction 
of the Los Coyotes Country Club golf course in the late 1950s.
    In 1980, Congress enacted the Comprehensive Environmental Response, 
Compensation, and Liability Act, 42 U.S.C. 9601, et seq. (CERCLA), in 
response to the dangers of uncontrolled or abandoned hazardous waste 
sites. To implement CERCLA, the EPA promulgated on July 16, 1982 the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
40 CFR part 300. Section 105(a)(8)(A) of CERCLA requires that the NCP 
include criteria for ``determining priorities among releases or 
threatened releases throughout the United States for the purposes of 
taking remedial action and, to the extent practicable taking into 
account the potential urgency of such action.'' Section 105(a)(8)(B) of 
CERCLA requires those criteria be used to prepare a list of national 
priorities among the known releases or threatened releases of hazardous 
substances, pollutants, or contaminants throughout the United States. 
The list, which is Appendix B of the NCP and revised annually, is the 
National Priorities List (NPL). The Hazard Ranking System (HRS) which 
EPA promulgated as Appendix A of the NCP is the principal tool upon 
which the EPA relies to determine the priority sites for possible 
remedial actions under CERCLA. Based on the HRS, the McColl site was 
added to the NPL in September 1982. The basis for deletion of a site 
from the NPL is stated in the NCP (40 CFR 300.425(e)).

B. Waste Material in the Sumps

    The waste material contained within the sumps occurs as distinct 
types of materials, segregated by depth. These types are considered 
distinct based on their physical characteristics. The largest portion 
of the waste consists of a hard organic waste material (char) that 
occurs mainly in the bottom layer of all sumps. In the middle of the 
sumps is the tar waste (soft material), however the location of the tar 
within the sumps is quite variable. The upper portion of the sumps is 
comprised of varying thickness of soil or a combination of soil and 
drilling mud. There are an estimated 100,000 cubic yards of waste and 
contaminated materials at the site. The waste has a pH of less than 2 
and contains various organic compounds including benzene, toluene and 
xylene, inorganic chemicals including arsenic and chromium, and sulfur 
compounds including sulfur dioxide. The risk assessment identified 
sulfur dioxide, benzene, and arsenic as the primary chemicals of 
concern. Prior to implementation of the remedy, releases of the wastes 
through the soil cover and onto the surface of the ground had been 
regularly observed on the sump surfaces. No significant removal actions 
were taken at the site.
    To fully study and undertake response activities, EPA divided the 
site into two operable units. The operable units were designated to 
address the sump areas (i.e., source areas) and the groundwater. 
Following a remedial investigation and feasibility study conducted by 
the McColl Site Group oil companies, EPA proposed in 1984 an excavation 
and redisposal remedy to address the source areas. The State of 
California was designated the lead agency for the site but was later 
enjoined by a state court from implementing the remedy. EPA undertook 
additional feasibility study work at the site, and, having assumed the 
lead in 1989, proposed a waste excavation and incineration remedy. 
Following public comment and field testing on the proposed incineration 
remedy, EPA reevaluated remedial alternatives. In August 1992, pursuant 
to section 117 of CERCLA, 42 U.S.C. 9617, EPA published its updated 
feasibility study, called the Supplemental Reevaluation of Alternatives 
II, and issued a proposed plan identifying soft-material solidification 
as the preferred remedy for the material in the sumps. This proposed 
plan also identified installation of a Resource Conservation and 
Recovery Act (RCRA) equivalent closure system as a contingency remedy 
in the event that soft-material solidification was determined not to be 
feasible. The requirements of the contingency remedy for the source 
area operable unit are embodied in the Source ROD executed on June 30, 
1993. On September 28, 1995 EPA, following extensive performance 
testing of soft-material solidification, concluded that this technology 
was not feasible, and selected the contingency remedy of a RCRA 
equivalent closure.

C. Groundwater

    From September 1993 to April 1996, the McColl Site Group oil 
companies, under EPA's oversight, undertook a Remedial Investigation 
and Feasibility Study (``RI/FS'') for the groundwater operable unit, 
pursuant to CERCLA and the National Contingency Plan, 40 CFR part 300. 
Low levels of site-related contamination were detected in an isolated, 
intermittently present, perched, shallow groundwater zone. Due to the 
intermittent nature and low yield of this perched zone, it was 
concluded that it would not yield a reliable quantity of water to 
sustain a domestic water supply. Groundwater use in the area was 
investigated and it was found that a regional aquifer located at a 
depth 200 feet greater than the perched zone is used as drinking water 
source by the City of Fullerton. No site-related contaminants have been 
detected in the regional aquifer or in drinking water wells. EPA 
published notice of the completion of the Feasibility Study Report, 
Groundwater

[[Page 39547]]

Operable Unit and of the proposed plan for remedial action on February 
15, 1996, and provided opportunity for public comment on the proposed 
remedial action. EPA selected infiltration controls with long-term 
monitoring of the groundwater as a preventive measure. The specific 
requirements are described in the Groundwater ROD executed on May 15, 
1996.

D. Response Actions

    The contingency remedy selected by EPA required that a RCRA 
equivalent closure be implemented. As defined in the Source OU and 
Groundwater OU ROD, the primary remedial objectives for the McColl site 
are: long-term isolation of the waste material; minimization of 
infiltration of rain water into the waste; control of any gases emitted 
from the wastes; control of surface water infiltration into the waste; 
and provision of adequate bearing capacity for the end use of the site.
    To meet the remedial objectives, the design of cover system was 
based on RCRA-equivalency for a landfill closure cap, which includes, 
at a minimum, from bottom to top: a low hydraulic conductivity 
geomembrane/soil layer with a maximum hydraulic conductivity of 1  x  
10-7 cm/sec; a drainage layer with a minimum hydraulic 
conductivity of 1  x  10-2cm/sec; and a top vegetative/soil 
layer of a minimum 24 inches thickness graded to a slope between 3 and 
5 percent.
    As part of the waste containment system, a subsurface vertical 
slurry cut-off wall was designed to control lateral liquid and gas 
migration. A design criterion was established at a maximum saturated 
hydraulic conductivity of less than 1  x  10-7 cm/sec for 
the cut-off wall barrier. A gas collection and treatment system was 
also designed to collect and treat the gas from the contained waste 
sumps.
    The remedial construction activities were initiated by the McColl 
Site Group of oil companies, in July 1996 and completed in November 
1997. The construction activities included the construction of two 
separate slurry cutoff walls surrounding each group of sumps, at Los 
Coyotes and Ramparts. The RCRA-equivalent cover system was constructed 
over each of the two sump areas and is tied into the cutoff walls. The 
primary functions of the cover system are to control infiltration of 
surface water, collect any gas migrating from the sumps, and contain 
and restrain any vertical migration of mobile waste and waste by-
products. The cover also serves as a barrier to mechanical or intrusion 
by animals or plants and provides a tensile-reinforced layer to 
withstand differential settlement and enhance bearing capacity. Within 
the cover system, perforated gas collection piping was installed and 
connected to two separate valve boxes that are connected to a gas 
treatment system. The gas treatment system is comprised of a blower 
that induces the flow of atmospheric air into the gas collection piping 
and reinforced sand layer immediately above the sump foundation. Air is 
swept across the sand layer with the collected gases into carbon 
adsorption vessels, treated. Then the clean air is vented to the 
atmosphere. The control the infiltration of surface water infiltration 
was implemented as part of the groundwater remedy, including: 
redirecting and managing of surface water coming on to and off of the 
site; grading of areas adjacent to the closure containment system to 
control water flow, and lining of onsite drainage channels with low 
permeability materials.
    An additional feature of the McColl site remedy was restoration of 
the golf course. The restored golf course was constructed over the Los 
Coyotes and Upper Ramparts sumps. The Lower Ramparts was planted as 
open space outside the golf course area of play. The design and 
construction of the golf course included grading to control surface 
water drainage as specified in the Groundwater ROD.
    During the remedy construction at the site, continuous, daily 
oversight was provided by the US Army Corps of Engineers (USACE) 
through an Interagency Agreement with EPA. USACE personnel closely 
monitored construction activities to insure compliance with the RODs, 
design plans, workplans, and construction Quality Control and Quality 
Assurance requirements.
    EPA and the California Department of Toxic Substances Control 
conducted a final site inspection of the McColl site on November 13, 
1997. EPA has determined that the responsible parties for both OUs, 
constructed the remedies in accordance with the approved remedial 
design plans and specifications and that the remedial actions had been 
successfully executed.
    The remedy constructed at the McColl site is consistent with the 
objectives of the NCP and will provide protection to human health and 
the environment using an engineered waste containment system. 
Operations and maintenance for the remedy will be necessary, in 
perpetuity. It will include monitoring and maintenance of the cap and 
cut-off wall, site security, and routine site maintenance.

E. Operations and Maintenance

    The Operations and Maintenance (O&M) activities consist of routine 
inspections, surveys, routine maintenance, monitoring, security and any 
necessary repairs. With the exception of operation and maintenance of 
the Gas Collection and Treatment System and groundwater monitoring, all 
long-term O&M activities at the site are and will continue to be 
performed by McAuley LCX Corporation, the owner of the restored golf 
course. The McColl Site Group of oil companies is and will continue to 
be responsible for the long-term O&M requirements associated with the 
Gas Collection and Treatment System and semi-annual groundwater 
monitoring. All O&M activities are being conducted with oversight from 
EPA.
    Inspections are routinely undertaken to visually observe the 
components of the remediated site. Examples of components visually 
inspected include site fencing and signage, groundwater monitoring 
wells, gas collection system and vents, irrigation systems, drainage 
systems, and the surface of the caps and subsurface barrier walls. 
Surveys are conducted to monitor settlement within the cover system. 
These survey results will be used to determine the need for any repairs 
due to subsidence or other structural disturbances in the cover system.
    Routine maintenance is performed on the landscaping to prevent 
erosion of the cover system, the reinforced earth structures, and site 
slopes. Routine maintenance is also performed on the Gas Collection 
Treatment System to maintain adequate carbon adsorption capacities and 
prevent condensation build-up, on the site drainage systems to prevent 
interruptions of surface water runoff control, and on the groundwater 
monitoring system to insure optimum performance of groundwater pumps.
    As part of Operation and Maintenance requirements, a comprehensive 
long-term monitoring program has been established to verify continued 
compliance with the remedial action objectives. The Operations and 
Maintenance program consists of the following elements:

[[Page 39548]]



----------------------------------------------------------------------------------------------------------------
     Remedial action objectives                               Routine monitoring elements                       
----------------------------------------------------------------------------------------------------------------
Long-term isolation of waste          Cover System Inspections.                                                 
 materials.                                                                                                     
                                      Cover System Settlement Inspections.                                      
                                      Reinforced Earth Structure Inspections.                                   
                                      Monument Survey Records.                                                  
Minimization of infiltration of rain  Groundwater Monitoring.                                                   
 water into waste.                                                                                              
                                      Cover System Inspections.                                                 
Control of any gases emitted from     Gas Flow Indicator Monitoring.                                            
 the waste.                                                                                                     
                                      Gas Perimeter Probe Monitoring System and Testing.                        
                                      Carbon Adsorber Exhaust Monitoring.                                       
                                      Carbon Changeout/Servicing.                                               
Provision of adequate bearing         Routine Cover System Inspections. Surface Water Drainage System           
 capacity for the end use of the       Inspections.                                                             
 site.                                                                                                          
----------------------------------------------------------------------------------------------------------------

    In addition to these requirments, the golf course maintenance staff 
performs daily inspections of the remediated site as part of the normal 
golf course operations.
    Data generated from ongoing operations and maintenance activities, 
which include monument and settlement surveys, inspections of the cover 
containment system, operation of the gas collection and treatment 
system, and the surface water drainage controls indicate that the 
remedy is functioning as designed.
    Under the Interim Groundwater Monitoring Program (IGMP), semi-
annual groundwater monitoring is being conducted to evaluate the 
effectiveness of the infiltration controls constructed as part of the 
integrated source and groundwater remedy. Eleven groundwater wells are 
currently monitored in accordance with the requirements of Groundwater 
OU ROD. These monitoring requirements include: (1) water level 
measurements; (2) sampling and analysis of groundwater chemistry; (3) 
quality assurance review of analytical results; (4) review of chemical 
results; and (5) preparation of a semi-annual groundwater monitoring 
report for EPA review. The IGMP will continue for a period of five 
years after remedy construction completion. Following this 5-year 
period, the IGMP will be reviewed and a Final Groundwater Monitoring 
Program will be established.

F. Five-Year Review

    Section 121(c) of CERCLA requires that EPA review, no less often 
than every five years, any remedial action selected that results in any 
hazardous substances, pollutants, or contaminants remaining at the 
site. Five-year reviews will be conducted for each OU pursuant to OSWER 
Directive 9355.7-02, Structure and Components of Five-Year Reviews to 
document the effectiveness of the controls. The first five-year review 
for the site is scheduled for July 2001.

G. Community Involvement

    The site initially was brought to the attention of the regulatory 
agencies as a result of odor and health complaints received from 
residents beginning in July 1978. Community concern increased gradually 
through 1980. Due to the increasing community concerns, DTSC organized 
a public hearing in the fall of 1980. Peter Weiner, the Governor's 
special assistant on Toxic Substances Control, chaired the hearing and 
a panel of state agency representatives also participated.
    Individual members of the community continued to be involved in 
discussions and decisions related to the site through 1984, when EPA 
and DTSC announced that the site would be remediated using the 
excavation and redisposal alternative. Community comments received at 
the first public hearing indicated strong community support for this 
decision. Following the state court injunction blocking the state from 
implementing the remedy, some community members expressed increasing 
frustration at delays in the clean-up process. This frustration led to 
the formation of the McColl Action Group. This neighborhood committee 
participated actively in decisions related to the site from 1985 
through 1991. EPA and DTSC often were invited to make presentations to 
the group. The group disbanded in 1991. Another community group was 
formed in 1991, the Fullerton Hills Community Association. This group 
has had input into site-related decisions from the time of its 
formation through the final remedy construction.
    Starting in 1986 and through remedial construction activities, EPA 
and DTSC have held regular meetings with the Interagency Committee, 
comprised of several local agencies and elected officials. These 
agencies consist of the City of Fullerton, South Coast Air Quality 
Management District, City of Buena Park, Orange County Environmental 
Health, and California Regional Water Quality Control Board, California 
Department of Health Services' Drinking Water Branch, and California 
Environmental Protection Agency's Office of Environmental Health Hazard 
Assessment. The elected officials include the 39th Congressional 
District (formerly held by Representative Dannemeyer and currently held 
by Representative Edward Royce). All elected officials in the area 
remain on the mailing list for the site, and receive all information 
related to site activities.
    Community participation has continued to be important in the 
decision-making process over the last several years. Throughout 
remedial construction, EPA and the McColl Site Group conducted a 
variety of community relations activities in accordance with the McColl 
Site Community Relations Plan. These activities have included public 
meetings, small group meetings, regular fact sheet mailings to 
community members, informational ``lemonade stands'', maintenance of a 
toll-free information line, on-site open houses, and regular contact 
with the media to provide information.
    EPA will continue to work closely with the community throughout the 
ongoing operation and maintenance period to keep residents informed 
about the status of the constructed remedy. EPA will also continue to 
monitor community interests and concerns, and will conduct community 
involvement activities as needed to address those concerns.

H. Applicable Deletion Criteria

    As specified under Sec. 300.425(e)(1) of the NCP, if EPA, in 
consultation with the state, determines that any of the three criteria 
for site deletion has been met, then the site is considered eligible

[[Page 39549]]

for deletion from the NPL. In the case of the McColl site, EPA believes 
that the following criteria for site deletion has been met:
    All appropriate response under CERCLA has been implemented, and no 
further action by the responsible parties is appropriate.
    EPA, with the concurrence of DTSC, believes that this criterion for 
deletion have been met. Subsequently, EPA is proposing deletion of this 
site from the NPL. Documents supporting this action are available from 
the docket.

I. State Concurrence

    The California Department of Toxic Substances Control concurs with 
the proposed deletion of the McColl Superfund site from the NPL.

    Dated: July 16, 1998.
Keith A. Takata,
Acting Regional Administrator, Region 9.
[FR Doc. 98-19653 Filed 7-22-98; 8:45 am]
BILLING CODE 6560-50-P