[Federal Register Volume 71, Number 132 (Tuesday, July 11, 2006)]
[Proposed Rules]
[Pages 39032-39035]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-10856]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-8195-4]


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

AGENCY: Environmental Protection Agency.

ACTION: Notice of Intent to Delete the T. H. Agriculture and Nutrition 
Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 9 announces 
the intent to delete the T. H. Agriculture and Nutrition 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, through the California Department of Toxic Substances 
Control, have determined that the remedial action for the site has been 
successfully executed.

DATES: Comments concerning the proposed deletion of this Site from the 
NPL may be submitted on or before August 10, 2006.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
     http://www.regulations.gov. Follow the on-line instruction 
for submitting comments.
     E-mail the superfund docket center (specify docket ID 
number)--e-mail address: [email protected].
     Fax the docket center (specify docket number)--fax number: 
202-566-0224
     Mail hardcopy to the docket center (specify docket number) 
address:

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Environmental Protection Agency, EPA Docket Center (EPA/DC), Superfund, 
Mailcode 5202T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
     For Fedex/Courier delivery, the following address should 
be added (specify docket number): address: 1301 Constitution Ave., NW., 
EPA West Building, USEPA Docket Center, Reading Room B-102, Washington, 
DC 20460.
    Hand deliveries are only accepted during the Docket'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 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
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 e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail 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 http://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 statute. Publicly available docket 
materials are available in hard copy at the EPA's Region 9 Superfund 
Records Center, 95 Hawthorne Street, Suite 403S, San Francisco, CA 
94105, (415) 536-2000. Available hours: by appointment, 8 a.m. to 5 
p.m., M-F, excluding legal holidays. The deletion document is also 
available for public viewing at the following local information 
repositories for the site: Fresno County Library, Sunnyside Branch, 
5562 E. Kings Canyon Rd., Fresno, CA 93727, (559) 255-6594. Available 
hours: M-T, 9 a.m.-9 p.m.; F-Sat. 9-5 p.m.; Sun. 12-5, and California 
Department of Toxic Substances Control, Clovis Office, File Room, 1515 
Tollhouse Road, Clovis, CA 93612, (559) 297-3961. Available hours: by 
appointment only, fax request to Barbara Doehring at (559) 297-3904.

FOR FURTHER INFORMATION CONTACT: Lynn Suer, Remedial Project Manager, 
U.S. EPA 9 (SFD-7-2), 75 Hawthorne Street, San Francisco, CA 94105, 
(415) 972-3148, or 1-800-231-3075.

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 T. H. Agriculture and Nutrition Site, Fresno 
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 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 State of California Cal/EPA Department of Toxic Substances 
Control 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 T. H. 
Agriculture and Nutrition 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:
    (i) Responsible parties or other persons have implemented all 
appropriate response actions required; or
    (ii) All appropriate Fund-financed responses under CERCLA have 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, remedial measures are 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 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 from the NPL, the site may be 
restored to the NPL without application of the Hazard Ranking System. 
In the case of this site, the selected remedy is protective of human 
health and the environment.

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) The State 
of California has concurred with the proposed deletion decision; (3) a 
notice has been published in the local newspapers 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 repositories.
    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 section II of this notice, Sec.  300.425(e)(3) of the 
NCP states that the deletion of a

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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 
notice in the Federal Register. Generally, the NPL will reflect 
deletions in the final update following the Notice. Public notices and 
copies of the Responsiveness Summary will be made available to local 
residents by the Regional Office.

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.

Site Background and History

    The T. H. Agriculture and Nutrition (THAN) site consists of an 
approximately 5-acre parcel located at 7183 East McKinley Avenue, 
approximately three miles northeast of the City of Fresno, California. 
Between 1951 and 1981, several owners utilized the Site for the 
formulation, packaging, and warehousing of agricultural chemicals 
(i.e., pesticides). Successive owners included Ciba-Geigy Corporation, 
Olin Corporation, De Pester Western, Inc. (Nevada), De Pester Western, 
Inc. (California), and THAN (known as the Thompson-Hayward Chemical 
Company prior to 1981). From 1959 until present, the Site has been 
owned or operated by THAN. In 1981, THAN discontinued operations, and 
the facility closed completely in 1983.
    In addition to the approximately 5-acre parcel, THAN currently owns 
an adjacent 20-acre orchard parcel that borders on the south, east, and 
west sides of the Site. Properties surrounding THAN's 25 acres of land 
consist of farms, orchards, and low-density residential developments.
    Contamination at the site was discovered in 1980. Water sampling 
from domestic wells located near the site, conducted by the Cal/EPA 
Department of Toxic Substances Control (DTSC), then known as the 
Department of Health Services, revealed low levels of agricultural 
chemicals. Subsequently, DTSC, the Fresno County Health Department, and 
the State of California Central Valley Regional Water Quality Control 
Board (Regional Board) requested and supervised an investigation by 
THAN to determine the extent of environmental contamination in soil and 
groundwater related to the site. Based on results of this 
investigation, the site was placed on the State Priority Ranking List 
in 1985. EPA added the site to the National Priorities List (NPL) in 
June 1986 (51 FR 21,054, June 10, 1986). Although EPA provides 
technical assistance to DTSC concerning the site, DTSC remains the lead 
agency.
    The risk assessment for the site identified several chemicals of 
concern (COCs), including: organochlorine pesticides 
(dichlorodiphenyltrichloroethane [DDT], dichlorodiphenyldichloroethane 
[DDD], dichlorodiphenyldichloroethylene [DDE], dieldrin, lindane, and 
toxaphene), volatile organic compounds (VOCs) (chloroform, xylenes, and 
ethylbenzene), and the nematocide Dibromochloropropane (DBCP). The COCs 
in onsite and offsite groundwater included 1, 2-Dichloroethane (DCA), 
carbon tetrachloride, chloroform, dieldrin, DBCP and 1,2,3-
trichloropropane (1,2,3-TCP). Lindane, alpha-benzenehexachloride (BHC), 
and delta-BHC have also been historically detected.
    In the Fresno area, DBCP has been detected at elevated 
concentrations in regional groundwater as a result of its regional 
application to crops. Concentrations of DBCP in wells down-gradient of 
the site are not significantly different from the range of regional 
DBCP concentrations. Recent groundwater studies indicate that 1,2,3-TCP 
is also a regional pollutant similar to DBCP.
    Remedial investigation activities revealed several onsite chemical 
source areas, including the former landfill area, the former railroad 
loading dock, the former south loading dock, certain former subsurface 
drainage systems, and the former solvent storage area.
    Prior to implementation of the site remedial action, the primary 
chemicals contributing to the cancer risk from exposure to soils were 
toxaphene, DDT, and dieldrin. Dermal contact with soil was the most 
significant exposure pathway. The primary chemicals contributing to 
non-cancer health effects from exposure to soils were DDT, DDE, DDD, 
and dieldrin.
    Prior to remedial action, cumulative cancer risks from exposure to 
groundwater (combining ingestion, bathing, and swimming pathways) 
ranged from 3 x 10-3 for future onsite adult residents to 4 
x 10-5 for current offsite child residents. The primary 
chemicals contributing to both cancer risk and non-cancer hazard from 
exposure to groundwater were DBCP, chloroform, and dieldrin.
    The Remedial Action Plan (RAP), which is the State's equivalent to 
EPA's Record of Decision, was adopted in 1999. EPA concurred with the 
RAP and the Final Remedy. The construction activities for implementing 
the Final Remedy were completed in early 2003, and all remedial actions 
were fully implemented in 2005.

Response Actions

    Remedial activities occurred before and after adoption of the RAP. 
Activities prior to 1999 RAP included excavation and off-site disposal 
of more than 24,000 cubic yards of chemically-affected soil (1984 and 
1989), demolition and removal of structures and chemically affected 
debris and soil, installation and operation of a soil vapor extraction 
system to treat soils, provision of alternative drinking water supplies 
to nearby residents, and installation of groundwater monitoring wells.
    Activities to achieve Final Remedy, as established by the 1999 RAP, 
included further demolition and removal of structures, excavation of 
contaminated soils and incorporation beneath an engineered cap, 
construction of composite cap and perimeter fence, re-vegetation of 
engineered cap to prevent erosion, establishment of long-term 
Operations, Maintenance and Monitoring Agreement, development of 
contingency plan for action (e.g., groundwater extraction and/or 
treatment), in the event that groundwater monitoring indicates that one 
or more Contaminants of Concern (COCs) exceed Final Remediation Goals, 
continued provision (and expansion, as appropriate) of alternative 
water supply by connections to public water supply system, point-of-use 
treatment, or bottled water, land use restriction, and financial 
assurances to ensure long-term maintenance and operation of the Final 
Remedy.
    Numeric Final Remediation Goals for Carbon tetrachloride, 
chloroform, 1,2-DCA and dieldrin, were based on regulatory and health-
based criteria. Final Remediation Goals for 1,2,3 TCP and DBCP were 
non-numeric, because the presence of these chemicals in groundwater is 
regional.
    The Remedial Design, for implementing the Final Remedy, was 
approved by DTSC in 2002 and the majority of the construction work was 
completed by January 24, 2003, including construction of site access 
restrictions (fence and signs). A Preliminary Close Out Report was 
signed by U.S. EPA on June 24, 2004, documenting Construction 
Completion. Implementation of the Final Remedy

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was completed in 2005 with the execution of the Operation, Maintenance 
and Monitoring (OM&M) Agreement between DTSC and THAN and recording of 
the Deed Restriction, for which EPA is a third-party beneficiary. The 
Deed Restriction, limiting the uses of the property, is the primary 
institutional control for the site.

Cleanup Standards

    The remedial action cleanup activities at the T. H. Agriculture and 
Nutrition Site are consistent with the objectives of the NCP and 
provide protection to human health and the environment. Contaminated 
soils were excavated and consolidated beneath a cap, and chemically 
affected structures were demolished and removed. Groundwater monitoring 
results indicate that concentrations of COCs in groundwater samples are 
generally declining due to natural biological, chemical, and physical 
attenuation processes that are likely to continue, and the site-
specific COCs have not exceeded Final Remediation Goals in any wells 
since July 2002. Further, is likely that this trend will continue, 
since receding groundwater levels reduce the chance that contaminated 
soils beneath the cap will become saturated. In addition, provision 
(and expansion, as appropriate) of alternative water supply by 
connections to public water supply system, point-of-use treatment, or 
bottled water ensures that humans are not exposed to contaminated 
drinking water. Annual inspections have verified the integrity of the 
cap and access controls.

Operation and Maintenance

    Operation, Maintenance and Monitoring (OM&M) activities were 
generally outlined in the RAP, and further detailed and finalized in 
the OM&M Plan and OM&M Agreement, approved and signed by DTSC and THAN 
in 2005. DTSC is the oversight agency for the OM&M. OM&M activities are 
groundwater monitoring, natural attenuation monitoring, contingent 
groundwater treatment system monitoring, monitoring and maintenance of 
the soil cap and access controls (e.g., fencing), maintenance of the 
institutional controls (e.g., land use restrictions, as required by the 
Deed Restriction).

Five-Year Review

    The Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA or Superfund) requires a five-year review of all 
sites with hazardous substances remaining above the health-based levels 
for unrestricted use of the site. Since the cleanup of the T. H. 
Agriculture and Nutrition site utilized containment of the hazardous 
materials as the method to reduce the risk, the five-year review 
process will be used to insure that the cap is still intact and 
blocking exposure pathways for human health and the environment. EPA 
will conduct the first statutory five-year review in 2007.

Community Involvement

    A Community Relations Plan was established in 1986 and updated in 
1992. Numerous fact sheets and public announcements were mailed to the 
surrounding community and other interested parties during various 
phases of the site investigation and cleanup. In addition, at least 
seven public meetings were held to receive input from community 
stakeholders.
    A Community Advisory Committee (CAC) was formed in 1988 to provide 
a forum for greater public input to the project decision making 
process. This group consisted of concerned residents, community 
activists, local and state government officials, and THAN 
representatives. This group initially met on a monthly basis reducing 
to bi-monthly in the early 1990s. The last formal meeting held by the 
CAC was in January 1995.

Applicable Deletion Criteria/State Concurrence

    EPA has determined that all appropriate responses under CERCLA have 
been completed and that no further response actions under CERCLA are 
necessary, and institutional controls are in place. In a letter dated 
March 27, 2006, the State of California through DTSC concurred with EPA 
that all appropriate responses under CERCLA have been completed. 
Therefore, EPA is proposing deletion of this site from the NPL. 
Documents supporting this action are available from the docket.

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(c)(2); 42 U.S.C. 9601-9657; 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: June 22, 2006.
Wayne Nastri,
Regional Administrator, Region 9.
 [FR Doc. E6-10856 Filed 7-10-06; 8:45 am]
BILLING CODE 6560-50-P