[Federal Register Volume 65, Number 173 (Wednesday, September 6, 2000)]
[Notices]
[Pages 54024-54025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22813]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6865-1]


Notice of Proposed Administrative Order on Consent Pursuant to 
the Resource Conservation and Recovery Act

AGENCY: Environmental Protection Agency.

ACTION: Notice; request for public comment.

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SUMMARY: In accordance with section 7003(d) of the Resource 
Conservation and Recovery Act, 42 U.S.C. 9673(d), notice is hereby 
given of a proposed administrative agreement (``Administrative Order on 
Consent'' or ``AOC'') concerning the Charnock methyl tertiary-butyl 
ether (``MTBE'') Contamination Site (``Site'') located in the State of 
California with the following parties: Shell Oil Company, Shell Oil 
Products Company and Equilon Enterprises LLC (``Respondents''). The AOC 
requires the Respondents to perform the following activities related to 
the Charnock Sub-Basin MTBE contamination: Conduct an analysis of 
alternatives and recommend a preferred alternative for interim drinking 
water replacement; perform an evaluation of interim groundwater 
restoration measures; and conduct additional regional investigation 
fieldwork and analysis activities. The Respondents will perform 
critical data collection and analysis activities over an approximately 
one year time frame. The AOC provides for stipulated penalties for 
failure to perform and continuous oversight from the EPA and the 
California Regional Water Quality Control Board-Los Angeles Region 
(``the Agencies''), as well as the opportunity for participation by the 
City of Santa Monica (``the City'') and Southern California Water 
Company (``SCWC) (collectively ``the Impacted Parties''). These 
activities will facilitate selection by the Agencies of interim water

[[Page 54025]]

replacement and restoration measures. Respondents will then continue to 
perform groundwater sampling and analysis and related reporting tasks 
for approximately one additional year.
    For thirty (30) days following the date of publication of this 
notice, EPA will receive written comments on the AOC. EPA will consider 
all comments received and may modify or withdraw its consent to the 
AOC, if comments received disclose facts or considerations which 
indicate that the proposed AOC is inappropriate, improper, or 
inadequate. The EPA's response to any comments will be available for 
public inspection at the Los Angeles Regional Water Quality Control 
Board, 320 W. 4th Street, Suite 200, Los Angeles, CA, 90013 and at the 
U.S. Environmental Protection Agency Region 9 located at 75 Hawthorne 
Street, San Francisco, CA 94105. Commenters may request an opportunity 
for a public meeting in the affected area in accordance with Section 
7003(d) of RCRA, 42 U.S.C. 6973(d).

DATES: Comments must be submitted on or before October 6, 2000.

ADDRESSES: The proposed AOC and additional background information 
relating to the AOC are available for public inspection at 75 Hawthorne 
Street, San Francisco, CA 94105, or on the Internet at www.epa.gov/region09/mtbe/charnock. A paper copy of the proposed AOC may be 
obtained from Steven Linder (WST-8), Project Manager, 75 Hawthorne 
Street, San Francisco, CA, 94105. Comments should reference the 
Charnock MTBE Contamination Site, Proposed Administrative Order on 
Consent and EPA Docket No. 7003-09-2000-0003. Comments should be 
addressed to Lester Kaufman, Chief, Underground Storage Tanks Program 
Office, 75 Hawthorne St., San Francisco, CA, 94105.

FOR FURTHER INFORMATION CONTACT: Steven Linder (WST-8), Project 
Manager, 75 Hawthorne Street, San Francisco, CA, 94105, (415) 744-2036.

SUPPLEMENTARY INFORMATION: In August 1995, the City discovered the 
gasoline additive MTBE in drinking water supply wells at its Charnock 
Wellfield, located at 11375 Westminster Avenue, Los Angeles, 
California. In August 1995, the City's Charnock Wellfield had five 
operating municipal supply wells which, according to the City, provided 
approximately 45% of the drinking water for the City's 87,000 residents 
(1990 U.S. Census) and approximately 200,000 daytime customers. By June 
13, 1996, all of the supply wells at the City's Charnock Wellfield were 
shut down due to the presence of MTBE contamination at the wellfield. 
In October 1996, following the shutdown of the City's Charnock 
Wellfield, the SCWC, another water purveyor utilizing the Charnock Sub-
Basin, shut down its wellfield in the Sub-Basin, in order to avoid 
drawing contamination toward the SCWC Wellfield. Prior to this 
shutdown, SCWC had two operating municipal supply groundwater wells, at 
11607 and 11615 Charnock Road, Los Angeles, that provided, according to 
SCWC, a portion of the drinking water for approximately 10,000 
residences and businesses in Culver City. Currently, water from the 
Charnock Sub-Basin is not being served to the public. The affected 
water supply wells have been shut down and there is no current 
exposure.
    After the discovery of MTBE in the City's Charnock Wellfield and 
the shutdown of both of the wellfields in the Charnock Sub-Basin, the 
City and SCWC began purchasing alternative water supplies from the 
Metropolitan Water District. EPA, in consultation with the State, 
determined that a joint State and federal response was necessary to 
effectively protect human health and the environment from the threat 
created by MTBE contamination in the Charnock Sub-Basin and at the 
City's Charnock Wellfield. Beginning in June 1997, the Agencies have 
required investigations of potential source site facilities in order to 
locate and remediate the contamination.
    Respondents have conducted investigations at their potential source 
sites and have begun remediation at one of their individual facilities. 
Respondents have also participated, along with other potentially 
responsible parties, in investigating the regional extent of 
contamination in the Sub-Basin, evaluating remedial technology 
alternatives, and providing water replacement and consultant costs for 
the Impacted Parties.
    On September 22, 1999, the EPA and the Regional Board issued 
parallel administrative orders with identical scopes of work to Shell 
Oil Company, Shell Products and Equilon Enterprises, LLC (collectively 
``the Shell Orders''). (See, EPA Docket No. RCRA 7003-09-99-0007, and 
Regional Board Cleanup and Abatement Order No. 99-085.) These orders 
required Respondents to provide the Impacted Parties with Replacement 
Water beginning January 7, 2000, for a period of 5 years. Respondents 
are currently providing replacement water pursuant to these orders. On 
March 9, 2000, the EPA issued a unilateral administrative order for 
participation and cooperation in water replacement to Chevron U.S.A., 
Inc., Exxon Mobil Corporation, Atlantic Richfield Corporation (d.b.a. 
Arco), Conoco, Inc., Kayo Oil Company, Douglas Oil Company of 
California, Unocal Corporation, Mobil Oil Corporation, Tosco 
Corporation, Thrifty Oil Company, Best California Gas, Ltd., Kazuho 
Nishida and HLW Corporation. This order required these parties to 
participate and cooperate with the parties to the Shell Orders in 
providing water replacement. (See EPA Docket No. RCRA 7003-09-2000-
0002.) The Regional Response activities that are the subject of the 
proposed AOC are intended to efficiently generate the information and 
analyses necessary for the Agencies to select appropriate water 
replacement and regional restoration measures. The AOC is not intended 
to affect ongoing requirements for investigation and remediation of 
individual source sites and potential source sites or compliance with 
any existing administrative order. Nor is the AOC intended to affect 
any litigation related to the Site or the Charnock Sub-Basin, or to 
limit any claims or rights under applicable laws that any Impacted 
Party may have or assert arising from contamination of the Site or the 
Charnock Sub-Basin.

Keith Takata,
Acting Regional Administrator, Region 9.
[FR Doc. 00-22813 Filed 9-5-00; 8:45 am]
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