[Federal Register Volume 68, Number 210 (Thursday, October 30, 2003)]
[Proposed Rules]
[Pages 61783-61786]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-27161]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7579-2]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent for partial deletion of the Del Monte 
Corporation (Oahu Plantation) Superfund Site from the National 
Priorities List.

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SUMMARY: The United States Environmental Protection Agency (``EPA'') 
Region IX announces its intent to delete the Poamoho Section of the Del 
Monte Corporation Superfund Site (``the site''), located in Oahu, 
Hawaii, from the National Priorities List (``NPL'') and requests public 
comment on this proposed action. The NPL constitutes appendix B to the 
National Oil and Hazardous Substances Pollution Contingency Plan 
(``NCP''), 40 CFR part 300, which EPA promulgated pursuant to section 
105 of the Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA'') of 1980, as amended. The remaining portion 
of the site will remain on the NPL. EPA and the State of Hawaii 
Department of Health have determined that, based on the Remedial 
Investigation, taking remedial measures on the Poamoho Section of the 
site would not be appropriate. The Remedial Investigation results 
indicate no response action is necessary to protect human health, 
welfare or the environment related to hazardous substances released on 
the Poamoho Section.

DATES: Comments concerning the proposed partial deletion of the Site 
from the NPL may be submitted on or before December 1, 2003.

ADDRESSES: Comments may be mailed to Janet Rosati, USEPA Region IX, 75 
Hawthorne Street, San Francisco, CA 94105, Mail Code SFD-8-2, (415) 
972-3165 or (800) 231-3075.
    Information Repositories: Comprehensive information on the Poamoho 
Section as well as information specific to this proposed partial 
deletion is available through the Region IX 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 Region 9 docket office at the following address: 
Superfund Records Center, USEPA Region 9, 95 Hawthorne Street, San 
Francisco, CA. The Record Center's hours of operation are 8 a.m.-5 
p.m., Monday-Friday, and the Records Center staff can be reached at 
(415) 536-2000. Another information repository where the public docket 
is available for public review is the Wahiawa Public Library, 820 
California Avenue, Wahiawa, HI 96786.

FOR FURTHER INFORMATION CONTACT: Janet Rosati, (415) 972-3165.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The U.S. EPA Region IX announces its intent to delete the Poamoho 
Section of the Del Monte Corporation Superfund Site, located in Oahu, 
Hawaii, from the National Priorities List (``NPL''), which constitutes 
appendix B of the National Oil and Hazardous Substances 
PollutionContingency Plan (``NCP''), 40 CFR part 300, and requests 
public comment on this proposed action. 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 State of Hawaii Department of Health have determined, based on the 
Remedial Investigation, taking remedial measures on the Poamoho Section 
would not be appropriate. The Remedial Investigation results indicate 
no response action is necessary to protect human health, welfare or the 
environment related to hazardous substances released on the Poamoho 
Section.
    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.
    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 Poamoho Section of the site 
and explains how this section meets the partial 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)(1), sites may be deleted 
from the NPL where no further response is appropriate to protect human 
health or the environment. In making such a determination pursuant to

[[Page 61784]]

Sec.  300.425(e)(1), EPA will consider, in consultation with the State, 
whether any of the following criteria have been met:
    Section 300.425(e)(1)(i): Responsible parties or other persons have 
implemented all appropriate response actions required; or
    Section 300.425(e)(1)(ii): All appropriate Fund-financed response 
under CERCLA has been implemented, and no further response action by 
responsible parties is appropriate; or
    Section 300.425(e)(1)(iii): The remedial investigation has shown 
that the release poses no significant threat to human health or the 
environment and, therefore, taking of remedial measures is not 
appropriate.
    Deletion of a portion of a site from the NPL does not preclude 
eligibility for subsequent Fund-financed actions at the area deleted if 
future site conditions warrant such actions. Section 300.425(e)(3) of 
the NCP provides that Fund-financed actions may be taken at sites that 
have been deleted from the NPL. A partial deletion of a site from the 
NPL does not affect or impede EPA's ability to conduct CERCLA response 
activities at areas not deleted and remaining on the NPL. In addition, 
deletion of a portion of a site from the NPL does not affect the 
liability of responsible parties or impede Agency efforts to recover 
costs associated with response efforts.

III. Deletion Procedures

    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any person's rights or obligations. The NPL is 
designed primarily for informational purposes and to assist Agency 
management.
    The following procedures were used for the proposed deletion of the 
Poamoho lands at the site:
    (1) EPA has recommended the partial deletion and has prepared the 
relevant documents.
    (2) The State of Hawaii, through the Hawaii Department of Health, 
concurs with this partial deletion.
    (3) Concurrent with this national Notice of Intent for Partial 
Deletion, a notice has been published in a newspaper of record and has 
been distributed to appropriate federal, state and local officials, and 
other interested parties. These notices announce a thirty (30) day 
public comment period on the deletion package, which commences on the 
date of publication of this notice in the Federal Register and a 
newspaper of record.
    (4) EPA has made all relevant documents available at the 
information repositories previously listed.
    This Federal Register document, and a concurrent notice in a 
newspaper of record, announce the initiation of a thirty (30) day 
public comment period and the availability of the Notice of Intent for 
Partial Deletion. The public is asked to comment on EPA's proposal to 
delete the Poamoho Section from the NPL. All critical documents needed 
to evaluate EPA's decision are included in the deletion docket and are 
available for review at the EPA Region IX information repositories.
    Upon completion of the thirty (30) day public comment period, EPA 
will evaluate all comments received before issuing the final decision 
on the partial deletion. EPA will prepare a Responsiveness Summary for 
comments received during the public comment period and will address 
concerns presented in the comments. The Responsiveness Summary will be 
made available to the public at the information repositories listed 
previously. Members of the public are encouraged to contact EPA Region 
IX to obtain a copy of the Responsiveness Summary. If, after review of 
all public comments, EPA determines that the partial deletion from the 
NPL is appropriate, EPA will publish a final notice of partial deletion 
in the Federal Register. Deletion of the Poamoho Section does not 
actually occur until the final Notice of Partial Deletion is published 
in the Federal Register.

IV. Basis for Intended Partial Site Deletion

    The following provides EPA's rationale for deletion of the Poamoho 
Section from the NPL and EPA's finding that the criteria in 40 CFR 
300.425(e) are satisfied.

Site Background and History

    The Site is an active pineapple plantation that consists of two 
major sections, known as Kunia and Poamoho. The Kunia Section is 
located in the general vicinity of the Kunia Well, a public water 
supply well. The Poamoho Section is geographically separated from the 
Kunia Section by Schofield Army Barracks, a site formerly on the NPL 
which was deleted in 2000 and Wheeler Field. The southern and northern 
boundaries of the Poamoho Section are located 3 miles south and 4.5 
miles north, respectively, of the Kunia Well. The Poamoho Section is 
bounded by Wahiawa Reservoir (Lake Wilson) to the south, Kaukonahua 
Gulch to the east and Poamoho Gulch to the north. State Highways 80, 82 
and 99 cross the Poamoho Section.
    In April 1977, there was a spill of approximately 495 gallons of 
ethylene dibromide (``EDB'') within 60 feet of the Kunia Well, which 
was, at that time, used as a source of drinking water. Additionally, 
EDB and other pesticides and fumigants, including 1, 2-Dibromo-3-
chloropropane (``DBCP''), are known to have been stored in the same 
general vicinity. The Kunia Well was sampled one week after the spill, 
and EDB was not detected. The Kunia Well was sampled again in 1980, and 
EDB and DBCP were detected above safe drinking water standards. The 
Kunia Well was immediately disconnected from the drinking water supply 
system. In December 1994, EPA listed the site on the NPL primarily 
because of concerns with contamination to groundwater, which is a 
source of drinking water.
    On September 28, 1995, Del Monte Fresh Produce (``DMFP'') entered 
into an administrative order on consent (``AOC'') with EPA. Under the 
AOC, DMFP prepared and EPA approved the Remedial Investigation and 
Feasibility Study (``RI/FS'') Work Plan. The RI/FS Work Plan included 
plans to investigate two potential sources of concern on the Poamoho 
Section: a former fumigant drum burial site (``drum site'') and a 
closed underground storage tank site (``tank site'').
    In the early 1970s, empty soil fumigant drums were buried behind an 
area known as the Poamoho Crateyard. Soil samples were collected at 
three locations within the burial area which measured 25 feet by 65 
feet. Samples were collected at varying depths directly beneath the 
buried material. Soil analysis demonstrated that no EDB, DBCP or other 
chemicals of potential concern (``COPCs'') associated with fumigant 
drum burial were present in the soils. Heptachlor at 2.3 micrograms per 
kilogram (``[mu]g/kg'') was detected in one sample at 12 to 14 feet 
below ground surface (bgs). This level is well below EPA's residential 
health-based guideline for heptachlor of 99 [mu]g/kg. A soil gas sample 
was also collected from each of the three sampling locations at the 
base of the buried debris. The compounds detected in soil gas were low 
and do not represent a risk to human health or the environment. Because 
soil gas vapors can migrate to ground surface and disperse into the 
air, an analysis was conducted to estimate the potential health risk 
from inhalation. The analysis showed that the levels of chemicals in 
the air that people might breath were far lower than EPA's health-based 
guidelines. The soil gas and soil concentrations do not pose a risk to 
groundwater due to the low concentrations detected and the great depth 
to the aquifer (600--700 feet bgs).

[[Page 61785]]

    In 1987, DMFP removed two 6,000 gallon steel underground fuel 
storage tanks (``USTs'') that previously contained either diesel fuel 
or gasoline. In March 1997, soil beneath the two former USTs was 
sampled. The samples were analyzed for petroleum and associated 
constituents. No petroleum or associated constituents were detected in 
these samples.
    Further information regarding the investigations conducted at the 
drum burial area and the underground storage tank area can be found in 
the November 1998 Remedial Investigation Report.
    In August 2002 DMFP informed EPA of two additional Other Potential 
Source Areas recently identified to them by a retired Del Monte 
Corporation employee. The areas are the Former Fumigant Mixing Area 
near the Karsten Warehouse and the Rag Disposal Area near the southern 
end of Field 202A. The former fumigant mixing area near the Karsten 
warehouse was used during the late 1950s and early 1970s for mixing of 
previously registered soil fumigants with diesel fuel. The soil 
fumigants included EDB and possibly Shell DD (a mixture of 1,2-
dichloropropane, 1,3-dichloropropene, 2,3-dichloropropene, 3,3-
dichloropropene and traces of trichloropropane). Occasionally, mixing 
operations in this area resulted in spills of EDB onto the soil. Rags 
used to wipe down the fumigant drums were discarded in the Rag Disposal 
Area which was a debris disposal and burn area operated by the City and 
County of Honolulu. Soil samples were collected in these newly 
identified areas in September and October 2002.
    The boundary of the Former Fumigant Mixing Area measures 
approximately 30 feet by 45 feet. Soil samples were collected at 
varying depths within this area and analyzed for volatile organic 
compounds (VOCs). The only compound detected in any of the samples at a 
concentration greater than the EPA's residential health-based guideline 
was 1,2,3-trichloropropane (TCP). TCP was detected at 10 micrograms per 
kilogram ([mu]g/kg) at 15 feet bgs. EPA's residential health-based 
guideline for TCP is 5 [mu]g/kg. Additional sampling at depths below 15 
feet was conducted in February 2003 to determine the extent of TCP. The 
highest level detected was 4.4 [mu]g/kg. Since soils shallower than 5 
feet did not contain TCP at concentrations above residential health-
based guidelines, risks via skin contact, ingestion, inhalation, dust 
entrainment or surface runoff should not be present. The limited extent 
and relatively low concentrations of TCP, and the extensive depth to 
groundwater (approximately 700 feet) indicate that risks to groundwater 
from soil leaching are not applicable.
    Sixteen test pits were dug to identify the boundaries of the refuse 
disposal and burn site where rags used to wipe down fumigant drums were 
discarded. The test pits identified an oblong area approximately 100 
feet wide by 130 feet long at the top edge of a natural gulch. The burn 
debris consisted of broken glass, ash, and traces of burned metal mixed 
with soil. The type and construction of the glass bottles found within 
the burn debris indicated that the debris likely originated during the 
time frame when the DMC employee indicated rags were discarded in the 
area. The age of the burn debris, combined with the location, indicate 
that the burn debris material represents the Rag Disposal Area.
    Sampling at the Rag Disposal Area differed from the Former Fumigant 
Mixing Area, because the depth of the debris was unknown, and most 
critical samples would be the soil samples beneath the disposal area. 
The base of the debris would be the most likely area for potential 
accumulation of chemicals due to their downward migration through the 
unconsolidated debris. Soil core samples were collected within the 
debris until the underlying soil was encountered. Soil samples were 
collected from the soil immediately beneath the debris and 
approximately 3 to 5 feet beneath the bottom of the debris.
    The drilling indicated that the burn debris is fairly consistent in 
composition and varied in depth relative to distance from the gulch. 
The closer to the gulch, the deeper the burn debris. Debris was 
detected as deep as 57 feet in one sample. A total of 19 soil samples 
were collected in the Rag Disposal Area and analyzed for VOCs. Six of 
these samples were also analyzed for TPH-diesel and Lindane, Toxaphene 
and Heptachlor. No compounds were detected at concentrations above 
EPA's residential health-based guidelines.
    Further information regarding the investigations conducted at the 
Former Fumigant Mixing Area and the Rag Disposal Area can be found in 
the March 2003 Investigation Results for Additional Other Potential 
Source Areas.

Community Relations Activities

    EPA mailed fact sheets to farm workers, nearby residents and other 
interested parties throughout the Remedial Investigation and 
Feasibility Study phases. EPA also conducted public meetings on April 
30, 1997 and January 27, 1999 which were well attended.
    During the Remedial Investigation phase of the project, community 
interest in the site was high due to health concerns in the Village 
Park subdivision 5 miles south of the Del Monte site. The residents 
were concerned that their drinking water supply may have been 
contaminated by the Del Monte spill and their subdivision may have been 
built on contaminated soil transported to the subdivision when Del 
Monte excavated contaminated soil in the Kunia Village area. The 
Remedial Investigation found that Del Monte's Kunia Camp well is in a 
different aquifer than the drinking water wells that serve Village 
Park. An EPA civil investigator examined the Village Park construction 
records. The construction contractor's Soils Reports for the 
subdivision states that fill material used in Village Park came from 
the subdivision itself. In addition, EPA collected soil samples from 
the on-site field where Del Monte's records showed the excavated Kunia 
Village area soil was spread. The soil in the field matched the soil 
from the excavation area. Community interest in the site has subsided 
since these findings were discussed with the public through fact sheets 
and community meetings. Very few community members attended the April 
2, 2003 Public Hearing on the Proposed Plan for cleanup of the Kunia 
Section.

Current Status

    EPA has determined that there are two zones of contaminated 
groundwater at the Kunia Section; the basal (deep) aquifer, which is 
approximately 800 feet bgs and the perched (shallow) aquifer which is 
approximately 100 feet bgs. In the Poamoho Section, basal groundwater 
is approximately 600-700 feet bgs and no perched groundwater was 
encountered. The basal aquifer flows south. While the perched aquifer 
flows north, it is a small and localized groundwater body in the 
immediate vicinity of the Kunia Well. Since the Poamoho Section is 
located several miles north of the Kunia Well, EPA does not anticipate 
that groundwater contamination will migrate to the Poamoho Section.
    EPA has determined the Poamoho Section is not a source of release 
that poses a potential threat to human health or the environment. 
Further, because the deep aquifer beneath the Poamoho Section is 
upgradient of the Kunia Well, the groundwater contamination in the 
vicinity of the well has not migrated to it, and is not expected to do 
so. Therefore, EPA proposes to delete the

[[Page 61786]]

Poamoho Section of the site from the NPL. The Kunia Section will remain 
on the NPL and is not the subject of this partial deletion. A Record of 
Decision (ROD) describing the selected cleanup plan for the Kunia 
Section was signed on September 25, 2003.
    In a letter dated June 19, 2003, the State of Hawaii through its 
Department of Health, concurred with EPA's decision to delete the 
Poamoho Section of the site.

    Dated: October 16, 2003.
Debra Jordan,
Acting Regional Administrator, Region 9.
[FR Doc. 03-27161 Filed 10-29-03; 8:45 am]
BILLING CODE 6560-50-P