[Federal Register Volume 78, Number 223 (Tuesday, November 19, 2013)]
[Rules and Regulations]
[Pages 69302-69310]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-27724]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1910-0010; FRL 9902-79-Region 9]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the El Toro Marine Corps 
Air Station Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region IX is 
publishing a direct final Notice of Deletion of portions of the El Toro 
Marine Corp Air Station Superfund Site (Site), located in Irvine, 
California, from the National Priorities List (NPL). 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). This direct final partial deletion is being 
published by EPA with the concurrence of the State of California 
through the Department of Toxic Substances Control (DTSC), because EPA 
has determined that all appropriate response actions at these 
identified parcels under CERCLA have been completed. However, this 
partial deletion does not preclude future actions under Superfund.
    This partial deletion pertains to all Site media, including soil 
and groundwater, of parcels I-A, II-A, III-A, II-J, II-Q, II-S, II-T, 
III-C, I-C, II-U, I-B, I-E, I-G, I-H, I-I, I-J, I-L, I-M, I-P, II-G, 
II-I, II-P, III-D, I-K, I-N, I-O, I-S, II-E, II-L, II-M, II-R, I-Q, I-
R, II-B, II-K, and II-O of the Site. The current remaining areas of the 
Site will remain on the NPL and are not being considered for deletion 
as part of this action.

DATES: This direct final partial deletion is effective January 21, 2014 
unless EPA receives adverse comments by December 19, 2013. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final partial deletion in the Federal Register informing the 
public that the partial deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1910-0010, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     Email: [email protected].
     Fax: (415) 947-3528.
     Mail: Mary Aycock, U.S. EPA Remedial Project Manager, U.S. 
Environmental Protection Agency, Region IX, Mail Code SFD-8-1, 75 
Hawthorne Street, San Francisco, CA 94105.
     Hand delivery: Mary Aycock, U.S. EPA Remedial Project 
Manager, U.S. Environmental Protection Agency, Region IX, Mail Code 
SFD81, 75 Hawthorne Street, San Francisco, CA 94105. Such 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-
1910-0010. 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 email. 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 email comment directly to EPA without 
going through http://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

[[Page 69303]]

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 statue. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at:

Superfund Records Center, Mail Stop SFD-7C, 95 Hawthorne Street, Room 
403, San Francisco, CA 94105. Phone: (415) 820-4700. Hours: Mon. thru 
Fri.--8 a.m. to 5 p.m.
Heritage Park Regional Library, Reference Section, 14361 Yale Street, 
Irvine, CA 92714. Phone: (949) 936-4040. Hours: Mon. thru Thu.--10 a.m. 
to 9 p.m.; Sat.--10 a.m. to 5 p.m.; Sun.--12 p.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Mary Aycock, Remedial Project Manager, 
U.S. Environmental Protection Agency, Region IX, Mail Code SFD81 75 
Hawthorne Street, San Francisco, CA 94105, (415) 972-2389, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region IX is publishing this direct final Notice of Partial 
Deletion for the El Toro Marine Corp Air Station (Site), from the 
National Priorities List (NPL). This partial deletion pertains to all 
Site media, including soil and groundwater, of parcels I-A, II-A, III-
A, II-J, II-Q, II-S, II-T, III-C, I-C, II-U, I-B, I-E, I-G, I-H, I-I, 
I-J, I-L, I-M, I-P, II-G, II-I, II-P, III-D, I-K, I-N, I-O, I-S, II-E, 
II-L, II-M, II-R, I-Q, I-R, II-B, II-K, and II-O of the Site. The 
properties proposed for deletion are shown in the map available in the 
partial deletion docket and will be referred to hereafter as ``the 
properties proposed for deletion.'' 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 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). 
This partial deletion of the El Toro Marine Corp Air Station is 
proposed in accordance with 40 CFR 300.425(e) and is consistent with 
the Notice of Policy Change: Partial Deletion of Sites Listed on the 
National Priorities List. 60 FR 55466 (Nov. 1, 1995). As described in 
300.425(e)(3) of the NCP, a portion of a site deleted from the NPL 
remains eligible for Fund-financed remedial action if future conditions 
warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective January 21, 2014 unless EPA 
receives adverse comments by December 19, 2013. Along with this direct 
final Notice of Partial Deletion, EPA is co-publishing a Notice of 
Intent for Partial Deletion in the ``Proposed Rules'' section of the 
Federal Register. If adverse comments are received within the 30-day 
public comment period on this partial deletion action, EPA will publish 
a timely withdrawal of this direct final Notice of Partial Deletion 
before the effective date of the partial deletion and the partial 
deletion will not take effect. EPA will, as appropriate, prepare a 
response to comments and continue with the deletion process on the 
basis of the Notice of Intent for Partial Deletion and the comments 
already received. There will be no additional opportunity to comment.
    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 properties proposed for 
deletion of El Toro Marine Corp Air Station and demonstrates how they 
meet the deletion criteria. Section V discusses EPA's action to 
partially delete the Site parcels from the NPL unless adverse comments 
are received during the public comment period.

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.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Partial Deletion Procedures

    The following procedures apply to the properties proposed for 
deletion:
    (1) EPA has consulted with the state of California prior to 
developing this direct final Notice of Partial Deletion and the Notice 
of Intent for Partial Deletion co-published in the ``Proposed Rules'' 
section of the Federal Register.
    (2) EPA has provided the state 30 working days for review of this 
notice and the parallel Notice of Intent for Partial Deletion prior to 
their publication today, and the state, through the Department of Toxic 
Substances Control, has concurred on the partial deletion of the Site 
from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Partial Deletion, a notice of the availability of the parallel 
Notice of Intent for Partial Deletion is being published in a major 
local newspaper, the Orange County Register. The newspaper notice 
announces the 30-day public comment period concerning the Notice of 
Intent for Partial Deletion of the Site from the NPL.
    (4) The EPA placed copies of documents supporting the partial 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this partial deletion action, EPA will publish a 
timely notice of

[[Page 69304]]

withdrawal of this direct final Notice of Partial Deletion before its 
effective date and will prepare a response to comments and continue 
with the deletion process on the basis of the Notice of Intent for 
Partial Deletion and the comments already received.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion 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 further 
response actions, should future conditions warrant such actions.

IV. Basis for Site Partial Deletion

    The following information provides EPA's rationale for deleting the 
properties proposed for deletion from the NPL:

Site Background and History

    The former El Toro Marine Corps Air Station (EPA ID: CA6170023208), 
(El Toro MCAS) covering approximately 4,712 acres in the City of 
Irvine, County of Orange, California is located at 33 degrees ([deg]) 
38 minutes (') to 33[deg]41' north latitude,117[deg]41' to 117[deg]45' 
west longitude, Township 6 South, Range 6 West (T6S/R6W) (Sections 2-5, 
7-11, 16-17, 20-21) and T5S/R8W (Sections 32-33, 35).
    Development of former El Toro MCAS began in July 1942, when 
construction of a United States Marine Corps pilot's fleet operational 
training facility began on approximately 2,319 acres of land in Orange 
County, California. The Site was commissioned as El Toro Marine Corps 
Air Station on March 17, 1943. In 1950, the Station was selected for 
development as a master jet air station and permanent center for marine 
aviation of the west coast to support the operations and combat 
readiness of Fleet Marine Forces, Pacific. Between 1944 and 1986, 
additional land was acquired to bring the size of the on-station 
portion of the installation to 4,712 acres.
    Major activities at the Site contributing to the generation of 
hazardous wastes included vehicle maintenance, ground support 
maintenance, aircraft maintenance, and aircraft corrosion control. 
Other waste generating activities included munitions disposal, pest 
control, fire protection training, and laboratory operations including 
photo development, non-destructive inspection, and fuel analysis. 
Wastes generated by the maintenance operations included spent solvents 
and waste oils (including TCE, TCA, MEK, toluene, and PD-680), fuels, 
greases removed from the spent solvents, and spent strippers. Aircraft 
washrack activities resulted in discharge of alkaline soaps, 
detergents, and small amounts of PD-680. Vehicle and aircraft waste 
discharge produced the greatest volume of industrial waste of any of 
the base activities.
    A number of potentially contaminated areas were identified on the 
Site, including four landfills suspected of containing both hazardous 
and solid waste, and other areas where polychlorinated biphenyls 
(PCBs), battery acids, leaded fuels, and other hazardous substances 
were suspected of being dumped or spilled. A Remedial Investigation 
(RI) conducted by El Toro MCAS identified volatile organic compounds 
(VOCs), primarily trichloroethene (TCE), in groundwater that migrated 
more than three miles off base. The primary source of the groundwater 
contamination was two large aircraft hangars. Land irrigated by wells 
is located within three miles of the site; however, none of these wells 
are drinking water sources. Surface water flows into the Upper Newport 
Bay Ecological Reserve, located approximately eight miles from the 
base.
    In recent years, portions of the Site were transferred to different 
governmental agencies. In 1998, the Bake Parkway/Interstate 5 public 
highway expansion project was completed resulting in the transfer of 
approximately 23 acres to the California Department of Transportation. 
In 2001, 896.7 acres in the northeast portion of the station were 
transferred to the Federal Aviation Administration.
    The Site was decommissioned as an active base in July 1999. The 
parcels to be deleted from the NPL have all been transferred from the 
Department of the Navy (DON) to Heritage Fields LLC (Heritage Fields) 
under the Base Realignment and Closure Act of 1995. Heritage Fields 
plans to build a combination of residential, commercial, retail and 
educational facilities on Site. In addition, Heritage Fields has 
transferred 1,387 acres to the City of Irvine to create the Orange 
County Great Park. The Orange County Great Park will be home to a 
world-class Olympic-style sports village and entertainment center, a 
new high school and neighborhood elementary schools, and infrastructure 
and support for a substantially expanded Irvine transportation center. 
Redevelopment efforts are on-going.
    The Site was proposed to be placed on the NPL on June 24, 1988 (53 
FR 23988); and was placed on the NPL on February 21, 1990 (55 FR 6154). 
In October 1990, the U.S. EPA (EPA), California Department of Health 
Services (CDPH) (the CDPH was the predecessor program to the California 
Department of Health Toxic Substances Control (DTSC)), California 
Regional Water Quality Control Board (RWQCB) and the DON signed a 
Federal Facility Agreement (FFA) which formalized the process for 
environmental response actions and the relative roles of the EPA, state 
agencies, and the DON under CERCLA and the Installation Restoration 
Program (IRP). The FFA was signed by the EPA, the State of California, 
and the DON in October 1990.
    Environmental Baseline Surveys (EBSs), which identify parcels of 
land for sale, lease, or needing further investigation, were completed 
in 1995 and 2003. The EBSs identified environmental factors and 
locations of concern (LOCs) where further evaluation and/or actions 
were ongoing or required. Once identified, these LOCs were reviewed by 
the DON, state regulatory agencies and EPA. Based upon this review, 
sites were either recommended for no further action (NFA) or for 
further sampling. Based upon the subsequent sampling, those sites 
either became NFA sites or proceeded to the more extensive 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) cleanup process.
    The portions of the Site to be deleted from the NPL include 1,900.4 
acres of contiguous property. All of these parcels have been 
transferred from the DON to Heritage Fields. Prior to transferring 
property at El Toro MCAS, the DON was required, pursuant to Section 
102(h) of CERCLA, to document that all environmental impacts associated 
with the DON's activities on the Site had been thoroughly investigated 
and appropriate remedial actions have been taken to protect the public 
health, welfare, and the environment. DON presented this documentation 
in a series of successive Finding of Suitability to Transfer (FOST) 
documents. In each case, the FOST described the LOCs on the property to 
be transferred and the investigation and remedial actions taken at 
those properties to obtain concurrence from the EPA, CDPH/DTSC and 
RWQCB. A total of 7 FOSTs were finalized for all parcels to be deleted 
between July 2005 and September 2012.

[[Page 69305]]

    LOC site narratives where release, disposal, and/or migration of 
hazardous substances occurred, but at concentrations that did not 
require a removal or remedial action because site conditions were found 
to be protective of both human health and the environment may be found 
in a tables appendix in the Deletion Docket. This appendix does not 
include LOCs that were only contaminated with petroleum, as these sites 
are not subject to CERCLA based on the petroleum exemption. In total, 
112 such LOCs were thoroughly evaluated and recommended for no further 
action.
    This partial deletion covers the following Site parcels: I-A, II-A, 
III-A, II-J, II-Q, II-S, II-T, III-C, I-C, II-U, I-B, I-E, I-G, I-H, I-
I, I-J, I-L, I-M, I-P, II-G, II-I, II-P, III-D, I-K, I-N, I-O, I-S, II-
E, II-L, II-M, II-R, I-Q, I-R, II-B, II-K, and II-O. A map identifying 
the areas to be deleted, as well as the areas to remain on the NPL, is 
available in the partial deletion docket.
1. Property Covered by FOST 1
    Approximately 2,798 acres of the Site were covered by FOST 
1, including 1,070.2 acres that EPA determined had not been 
impacted by hazardous waste and that therefore were not part of the 
NPL. These two areas of the Site were removed from the NPL through two 
clarification letters issued by EPA. Clarification Areas A, B, C, and 
D, consisting of 978.6 acres, were removed from the NPL through an EPA 
clarification letter dated October 27, 2005. Clarification Area E, 
consisting of 91.6 acres, was removed from the NPL through an EPA 
clarification letter dated March 21, 2006.
    The unclarified portions of the FOST 1 area consisted of 
three Transfer Parcels: Transfer Parcels I-A, II-A, and III-A.
1.1 Transfer Parcel I-A
    Transfer Parcel I-A was approximately 809.5 acres. This parcel 
contained 225 non-demolished buildings/structures/facilities including 
the units located in the Saddleback Terrace housing area. In addition, 
Parcel I-A contained IRP Site 20--Hobby Shop and a portion of IRP Site 
25--Major Drainages.
1.1.1 IRP Site 20--Hobby Shop
Site Location and History
    IRP Site 20--Hobby Shop encompassed approximately 0.5 acre 
immediately northwest of the intersection of North 9th Street and West 
Marine Way and included Building 626. Beginning in 1967, the site was 
used as an auto shop for military personnel to service and repair 
privately owned vehicles. Kerosene was reportedly used to wash down the 
paved area at the site until approximately 1976. The wash runoff 
drained into a catch basin situated in the entry driveway and finally 
drained into an oil/water separator (OWS). From 1976 until closure of 
the Hobby Shop in 1999, a biodegradable soap was used in place of 
kerosene.
    Site 20 originally consisted of four units:
     Unit 1--Shallow Drainage Swale (1-2 feet below grade), 
adjacent to the east side of Building 626.
     Unit 2--South Drainage Ditch, ran along North 9th Street
     Unit 3--Stained Area, small area adjacent to the northwest 
side of Building 626
     Unit 4--Inner Courtyard of Building 626, an entry 
driveway, and a front-sloping area adjacent to the drainage ditch along 
North 9th Street. The inner portion was paved with asphalt. The entry 
driveway was concrete and crossed over the drainage ditch. The front 
area was covered with grass with some bare spots and various trees.
Remedial Investigations
    Investigations at the IRP Site 20 included a RCRA Facility 
Assessment (RFA), a Phase I RI, aerial photograph surveys in 1993, and 
a Phase II RI in 1996. In 1997, Units 2 and 3 were excluded from the 
site based on the CERCLA petroleum exemption, 42 U.S.C. 9601(14)(F). 
Sites containing only petroleum contamination were, and continue to be 
remediated under the oversight of the RWQCB).
    Soil sampling identified VOCs, semi-volatile organic compounds 
(SVOCs), PCBs, and pesticides at the site, all below residential PRGs. 
Arsenic was detected at concentrations above the former El Toro MCAS 
background value. The RI of the site indicated that the site-related 
contamination was limited to the shallow soil interval.
Selected Remedy
    The human health and ecological risk assessments showed that the 
contaminants present in the soil did not present an unacceptable risk 
to human health or the environment. Therefore, no remedial action was 
required. A Record of Decision (ROD) for NFA was signed on September 
30, 1997. No risks are present at IRP Site 20 and no institutional 
controls are present.
Response Actions and Cleanup Standards
    No response actions have been taken and no cleanup standards have 
been set.
Operation and Maintenance
    No operation and maintenance is required for this site.
1.1.2 IRP Site 25--Major Drainages
    IRP Site 25 encompassed approximately 22 acres and comprised the 
four major washes that flowed through former El Toro MCAS. These 
included Agua Chinon Wash, Bee Canyon Wash, Borrego Canyon Wash, and 
Marshburn Channel. Three of these drainages (Agua Chinon Wash, Bee 
Canyon Wash, and Borrego Canyon Wash) were continuations of natural 
washes that originated in the Santa Ana Mountains. Surface drainage 
from the hills and upgradient irrigated farmland combined with runoff 
generated from extensive paved surfaces at former El Toro MCAS. The on-
station storm sewer system discharged to the drainage channels, which 
then flowed into San Diego Creek. San Diego Creek discharged into upper 
Newport Bay, about 7 miles downstream from its intersection with 
Marshburn Channel. These washes traversed Transfer Parcels I-A, II-A, 
and III-A, and also traversed property that was not part of FOST 
1.
Remedial Investigations
    IRP Site 25 was constituted before the source of the regional VOC 
groundwater contamination had been identified as IRP Site 24 (which is 
not part of this deletion). IRP Site 25 was identified for a Phase II 
RI, but the drainages were investigated as part of the Phase I RI for 
IRP Sites 18 and 24 to evaluate the source of the off-site VOC 
groundwater plume. Potential contamination within the major drainages 
and San Diego Creek was assessed by analyzing surface water, sediment, 
soil, and soil gas samples. Except for the Borrego Canyon Wash, metals 
and pesticides were detected above former El Toro MCAS background 
concentrations in all drainages. Significant petroleum hydrocarbon 
contamination was detected at depths of 15 to 20 feet below ground 
surface (bgs) at the southern end of Agua Chinon Wash, near the former 
El Toro MCAS boundary.
    Within the Agua Chinon Wash, total petroleum hydrocarbons (TPH) 
were detected at depths up to 57 feet bgs. The RI of the site indicated 
that the site-related contamination was limited to sediment and surface 
water.
Selected Remedy
    The human health and ecological risk assessments showed that the 
contaminants present in these media did not present an unacceptable 
risk to human health or the environment. Therefore, no remedial action 
was

[[Page 69306]]

required. The Draft Final RI Report was completed in 1997, and a ROD 
for NFA was signed on September 30, 1997. No risks are present at IRP 
Site 25 and no institutional controls are present.
Response Actions and Cleanup Standards
    No response actions have been taken and no cleanup standards have 
been set.
Operation and Maintenance
    No operation and maintenance is required for this site.
1.2 Transfer Parcel II-A
    Transfer Parcel II-A was approximately 1,439.6 acres. This parcel 
contained a golf course and 1,078 non-demolished buildings/structures/
facilities which included the units located in San Joaquin, Vista 
Terrace, Navy/Marine (NAMAR), and Wherry housing areas. Transfer Parcel 
II-A included IRP Sites 6 and 19, and a portion of IRP Site 25 
(described above).
1.2.1 IRP Site 6--Drop Tank Drainage Area No. 1
Site Location and History
    IRP Site 6 encompassed approximately 3 acres bounded by taxiways to 
the north and west, a concrete aircraft parking apron to the east, and 
East Marine Way to the south. The site consisted of three units:
     Unit 1 was an area along the edge of a concrete parking 
apron where aircraft drop tanks were formerly drained of residual jet 
fuel and then cleaned prior to reuse.
     Unit 2 was a shallow drainage swale that extends from the 
north side of Building 727, west to a catch basin that eventually 
discharged into the Agua Chinon Wash. The catch basin received surface 
runoff and sediment from the site.
     Unit 3 was a flat, grass-covered area south of the 
drainage swale where drop tanks were stored.
    From 1969 to 1983, aircraft drop tanks were transported to the site 
where the fuel remaining in the tanks was drained. Residual jet 
propulsion fuel, grade 5 (JP 5) in the tanks was drained to the 
concrete apron, and the combined fuel/rinse water ran onto the adjacent 
grassy area. In addition to fuel, waste lubricant oils from maintenance 
operations were also reportedly stored in drums and staged in the area.
    Approximately 1,400 gallons of JP 5 fuel were reportedly drained 
from the drop tanks onto the concrete apron and washed onto the 
adjacent area. Portions of the unpaved areas at the site were also 
reportedly used for storing oil drums. It was estimated that 
approximately 300 gallons of waste oil leaked from these storage drums 
at the site.
Remedial Investigations
    Investigations conducted at IRP Site 6 included a Phase I remedial 
investigation (RI) and aerial photograph surveys in 1993, employee 
interviews in 1994, and a Phase II RI in 1996. During the 
investigations, VOCs, SVOCs, and polynuclear aromatic hydrocarbons were 
detected at concentrations below residential PRGs. The maximum arsenic 
concentration was detected at a depth of Property of 8-10 feet bgs and 
was above the former El Toro MCAS background concentration for arsenic. 
The RI of the site indicated that the site-related contamination was 
limited to the shallow soil interval.
Selected Remedy
    The human health and ecological risk assessments indicated that the 
contaminants present in the soil did not present an unacceptable risk 
to human health or the environment. Therefore, no remedial action was 
required. A ROD for NFA was signed on September 30, 1997.
Response Actions and Cleanup Standards
    No response actions have been taken and no cleanup standards have 
been set.
Operation and Maintenance
    No operation and maintenance is required for this site.
1.2.2 IRP Site 19--Aircraft Expeditionary Refueling Site
Site Location and History
    IRP Site 19 was within Transfer Parcel II-A and encompassed 
approximately 4 acres southwest of Buildings 404 and 414. Between 1964 
and 1986, the site operated as a fuel-storage and fuel-dispensing area. 
The site consisted of six 20,000-gallon JP 5 fuel bladders in 4-foot-
high earthen revetments and associated piping and fuel-dispensing 
equipment. The site originally consisted of four units:
     Unit 1, Northeast Stained Area
     Unit 2, Excavated Areas;
     Unit 3, Stained Area Around Excavations; and
     Unit 4, Pump Station (this area was added for the Phase II 
RI and then was removed under the CERCLA petroleum exclusion).
Initial Response
    Various spills and leaks reportedly occurred during operation of 
the site. In one instance, an estimated 20,000 gallons of JP 5 were 
reportedly released after a bladder rupture. Petroleum hydrocarbons 
were detected in the soil beneath the ruptured bladder.
    The fuel bladders were removed in 1986, and the soil was excavated 
to a maximum depth of 15 feet bgs in a 30-foot-square area beneath the 
location of the bladder rupture (Unit 2). The excavation was partially 
backfilled to a depth of approximately 11 feet in 1994. Prior to 
backfill, soil samples were collected within the excavated area, i.e., 
IRP Site 19. No chemicals of potential concern were detected at 
concentrations greater than EPA industrial PRGs. In 1996, the remaining 
excavation was backfilled to grade the surrounding area with clean fill 
material. An additional 19,000-square-foot area beneath the locations 
of the other bladders was also excavated in 1986 to a depth of 
approximately 2.5 feet. All of the buildings/structures/facilities at 
the site were removed following site closure and were replaced by a 
pump station and UST complex situated adjacent to the east side of the 
site.
Remedial Investigations
    Investigations conducted at the site included a Phase I RI and 
aerial photograph surveys in 1993, employee interviews in 1994, and a 
Phase II RI in 1996. The investigations indicated SVOCs at 
concentrations below residential PRGs, with the exception of 
benzo(a)pyrene, which was above the industrial PRG value. VOCs were 
detected at concentrations below residential PRGs. Arsenic was detected 
at concentrations above the industrial PRG value, and the maximum 
arsenic value was above the former El Toro MCAS background 
concentration.
Selected Remedy
    The human health and ecological risk assessments showed that the 
contaminants present in the soil did not present an unacceptable risk 
to human health or the environment. A ROD for NFA for Units 2 and 3 was 
signed on September 30, 1997. Unit 1 was excluded from the IRP under 
the CERCLA petroleum exclusion in 1995 (closed by RWQCB in a letter 
dated May 14, 1997), and Unit 4 was excluded from the IRP under the 
CERCLA petroleum exclusion in 1997 (Unit 4 was being addressed with a 
number of USTs and the associated area was therefore unsuitable for 
transfer and was not part of FOST 1).
Response Actions and Cleanup Standards
    No further response actions have been taken.

[[Page 69307]]

Operation and Maintenance
    No operation and maintenance is required for this site.
1.2.3 PCB T56, concrete pad of transformer 56
Site Location and History
    A minor release of transformer oil containing PCBs
Selected Remedy
    No risks are present at PCB T56 and no institutional controls are 
present.
Response Actions and Cleanup Standards
    The transformer was replaced and the concrete pad was removed. No 
further action was required.
Operation and Maintenance
    No operation and maintenance is required for this site.
1.3 Transfer Parcel III-A
    Transfer Parcel III-A was approximately 329.0 acres. This parcel 
contained 10 non-demolished buildings/structures/facilities, as well as 
a portion of IRP Site 13.
1.3.1 IRP Site 13--Oil Change Area
Site Location and History
    IRP Site 13 encompassed approximately 34,000 square feet and was 
bounded on the north by Former Tank Farm No. 2 and on the south by the 
storage yard for Building 242. The site was situated within Transfer 
Parcel III-A and Carve-Out (CO) III-B. The site was relatively flat, 
unpaved, and generally unvegetated. Site 13 consisted of two units: 
Unit 1 comprised the area southeast of Tank Farm No. 2 and Unit 2 
comprised the area southwest of Tank Farm No. 2. Trucks were driven to 
the area southeast of the tank farm (Unit 1) for oil changes, and crank 
case oil was frequently drained onto the ground. From 1977 to 1983, 
approximately 7,000 gallons of waste oil were drained onto the ground. 
The oily soil was subsequently removed, and no visible evidence of the 
oily soil remained. A review of aerial photographs indicated heavy 
staining throughout the area between the tank farm and Building 242 
(Unit 2), which persisted over the years of photographic record. It is 
likely that oil changes were also conducted in that area.
Remedial Investigations
    Investigations conducted at the site included an RFA, a Phase I RI 
and aerial photographic surveys in 1993, and employee interviews in 
1994. VOCs, SVOCs, polynuclear aromatic hydrocarbons, and pesticides 
were detected at concentrations below residential PRGs. Arsenic was 
detected at concentrations above the industrial PRG from the surface to 
a depth of 80 feet bgs. The maximum arsenic concentration was below the 
former El Toro MCAS background concentration. Total recoverable 
petroleum hydrocarbons (TRPH) were detected at the soil surface and at 
a depth of 5 feet bgs. Based on the results of the Phase I RI 
investigation, a Phase II RI was not recommended. The RI of the site 
indicated that the site-related contamination was limited to the 
shallow soil interval.
Selected Remedy
    The human health and ecological risk assessments showed that the 
contaminants present in the soil did not present an unacceptable risk 
to human health or the environment. A ROD for NFA was signed on 
September 30, 1997.
Response Actions and Cleanup Standards
    No response actions have been taken and no cleanup standards have 
been set.
Operation and Maintenance
    No operation and maintenance is required for this site. No deed 
restrictions were recommended for Site 13 due to chemicals present in 
the soil. However since the groundwater beneath Site 13 was 
contaminated by trichloroethylene (TCE) and tetrachloroethylene (PCE; 
also perchloroethylene) due to Site 24--VOC source area, when the NFA 
ROD was signed on September 30, 1997, the use restrictions prohibiting 
drilling of wells and/or extraction of groundwater and allowing access 
for groundwater monitoring and maintenance of equipment associated with 
groundwater remediation were to be addressed in the ROD for Site 18 and 
Site 24. When the Final ROD for Site 18 and Site 24 was completed in 
2002, the updated VOC plume and 500 foot buffer zone were no longer 
located beneath Site 13. Consequently, groundwater restrictions due to 
the Site 24 VOC plume were no longer applicable for Site 13.
2. Property Covered by FOST 2
    Approximately 8 acres of El Toro MCAS were covered by FOST 
2. This area consisted of four Transfer Parcels (II-J, II-S, 
II-T, and III-C), and a portion of one Transfer Parcel (II-Q). Transfer 
parcels II-J and II-Q did not contain any CERCLA LOCs. Transfer Parcel 
II-T was approximately 0.5 acres in size and contained one building/
structure/facility (Building 761). Transfer Parcel III-C was 
approximately 1 acre in size and contained one building/structure/
facility (Building 240). NFA determinations were made for all LOCs 
within Transfer Parcels II-T and III-C.
2.1 Transfer Parcel II-S
    Transfer Parcel II-S was approximately 1.3 acres in size and 
included six buildings/structures/facilities (Buildings 374, 377, 447, 
448, 566, and 726) and former Building 603 (demolished).
2.1.1 RFA 131
Site Location and History
    RFA 131, an engine test cell, was located within Transfer Parcel 
II-S near Building 447.
Initial Response
    Near surface soils were removed in 1997.
Selected Remedy
    DTSC concurred with NFA in a letter from July 1999. RWQCB concurred 
with NFA in June 2000.
Response Actions and Cleanup Standards
    No further response actions have been taken.
Operation and Maintenance
    No operation and maintenance is required for this site.
3. Property Covered by FOST 3
    Approximately 3.9 acres of El Toro MCAS were covered by FOST 
3.
Site Location and History
    This area consisted of two Transfer Parcels referred to in FOST 
3 as ``Carve-Outs'' (COs):
     CO I-C consisted of approximately 0.1 acre in the 
northeastern portion of the former base. This CO was created during 
preparation of the 2004 Finding of Suitability to Lease when a portion 
of an underground pipeline (Norwalk-El Toro Pipeline) was believed to 
exist within this area. However, based on a detailed review of the 
pipeline physical alignment, it was determined that no portion of the 
pipeline was within Transfer Parcel I-C. No buildings or utilities were 
located on the Transfer Parcel.
     CO II-U consisted of approximately 3.8 acres in the 
northeastern portion of the former base. No buildings or utilities were 
located on the CO.
Initial Response
    A portion of the Norwalk-El Toro Pipeline was removed from CO II-U 
in the fall of 2006, with the exception of

[[Page 69308]]

approximately 100 feet of pipeline that remains under Agua Chinon Wash.
Remedial Investigations
    The COs were evaluated during the initial phase of environmental 
assessment and the results were documented in the Final 2003 EBS. The 
EBS concluded that no hazardous substances were stored or released on 
the COs.
Selected Remedy
    No further action was necessary in these areas.
Response Actions and Cleanup Standards
    No response actions have been taken and no cleanup standards have 
been set.
Operation and Maintenance
    No operation and maintenance is required for this site.
4. Property Covered by FOST 4
    Approximately 42.9 acres of El Toro MCAS were covered by FOST 
4.
Site Location and History
    This area consisted of thirteen COs: COs I-B, I-E, I-G, I-H, I-I, 
I-J, I-L, I-M, I-P, II-G, II-I, II-P, III-D. COs I-L, I-M, I-P, II-G, 
II-I, and II-P did not contain CERCLA LOCs.
Remedial Investigations
    As these COs did not contain CERCLA LOCs, no remedial 
investigations were conducted.
Selected Remedy
    No Further Action determinations were issued for all LOCs within 
COs I-B, I-E, I-G, I-H, I-I, I-J, and II-G. CO III-D contained a 
portion of IRP Site 13. All other LOCs in CO III-D received NFA 
determinations and no cleanup was required.
Response Actions and Cleanup Standards
    No response actions have been taken and no cleanup standards have 
been set.
Operation and Maintenance
    No operation and maintenance is required for these sites.
5. Property Covered by FOST 5
    Approximately 119.3 acres of El Toro MCAS were covered by FOST 
5.
Site Location and History
    This area included nine COs: COs I-F, I-K, I-N, I-O, I-S, II-E, II-
L, II-M, II-R, and CO Building 746. CO I-F is not part of this deletion 
request and will remain on the NPL. CO Building 746 is located within 
CO II-D and is not part of this partial deletion request and will also 
remain on the NPL. COs I-K, I-N, I-O, I-S contained only petroleum LOCs 
or no release, disposal, and/or migration of hazardous substances 
occurred there.
Remedial Investigations
    As these COs did not contain CERCLA LOCs, no remedial 
investigations were conducted.
Selected Remedy
    No Further Action determinations were issued for all LOCs within CO 
II-E and II-M. CO II-L contained a portion of IRP Site 25. All other 
LOCs in CO II-L received NFA determinations and no cleanup was 
required.
Response Actions and Cleanup Standards
    No response actions have been taken and no cleanup standards have 
been set.
Operation and Maintenance
    No operation and maintenance is required for these sites.
5.1 CO II-R
    CO II-R consisted of approximately 1.2 acres and was located in the 
southeast portion of the former base.
5.1.1 Resource Conservation and Recovery Act (RCRA) Facility Assessment 
(RFA) Site 244/PCB T74
Site Location and History
    There was one pad-mounted transformer (PCB T74) at Building 457. 
Historically, disposal activities were conducted at this site, though 
the dates of these operations are unknown. A response action was 
required for releases of transformer oil containing PCBs at Building 
457 (RCRA Facility Assessment (RFA) Site 244).
Remedial Investigations
    While no remedial investigations were conducted under CERCLA, RFA 
Site 244/PCB T74 was evaluated under a RCRA Facility Assessment.
Selected Remedy
    DTSC concurred with NFA for RFA 244 in a letter dated December 
1998. EPA and DTSC concurred with NFA for PCB T74 in September 2003.
Response Actions and Cleanup Standards
    Shallow soil samples that were collected in the area affected by 
the PCB release identified PCBs in one of the seven samples collected. 
The transformer was replaced and removal of impacted soils was 
completed in 1997. The response action was completed and closed in 
December 1998. No evidence of a release was observed during the visual 
site inspections conducted for the 2003 EBS. Building 457 was 
subsequently demolished to its foundation.
Operation and Maintenance
    No operation and maintenance is required for this site.
6. Property Covered by FOST 6
    Approximately 356.81 acres of El Toro MCAS were covered by FOST 
6.
Site Location and History
    This area included eleven COs: COs I-D, I-Q, I-R, II-B, II-K, II-N, 
II-O, III-B-1, III-B-2, III-E, and III-F. COs I-Q and I-R contained 
only petroleum LOCs and were therefore subject to the CERCLA petroleum 
exclusion, or no release, disposal, and/or migration of hazardous 
substances occurred there. As a result, these COs are not discussed in 
this document. Additionally, COs I-D, II-N, III-B-1, III-B-2, III-E, 
and III-F are not part of this partial deletion request and will remain 
on the NPL.
Remedial Investigations
    As these COs did not contain CERCLA LOCs, no remedial 
investigations were conducted.
Selected Remedy
    COs II-K contained a portion of IRP Site 25. All other LOCs in CO 
II-K received NFA determinations and no cleanup was required. All LOCs 
in CO II-O received NFA determinations and no cleanup was required.
Response Actions and Cleanup Standards
    No response actions have been taken and no cleanup standards have 
been set.
Operation and Maintenance
    No operation and maintenance is required for these sites.
6.1 CO II-B
    CO II-B consisted of approximately 6.73 acres located in the 
northeast portion of the former base.
6.1.1 Temporary Accumulation Area (TAA) Site 130C
Site Location and History
    TAA 130C was located northing of Building 130.
Remedial Investigations
    While no remedial investigations were conducted under CERCLA, TAA 
130C was evaluated under a RCRA Facility Assessment. Sampling indicated 
low levels of arsenic and chlorinated pesticides.

[[Page 69309]]

Selected Remedy
    TAA 130C received site closure concurrence from DTSC in March 2009. 
No further action was required.
Response Actions and Cleanup Standards
    Contaminated soil was excavated and confirmation soil samples were 
collected at TAA 130C in 2008.
Operation and Maintenance
    No operation and maintenance is required for this site.
7. Property Covered by FOST 7
    Approximately 151.06 acres of El Toro MCAS were covered by FOST 
7. This area included three COs: COs II-F-1, II-Q, and II-V-1. 
There were no CERCLA LOCs within CO II-F-1 or CO II-V-1. As a result, 
COs II-F-1 and II-V-1 are not discussed in this document. Any 
contamination on these COs was, and continues to be remediated under 
the oversight of the RWQCB.
7.1 CO II-Q
    CO II-Q consisted of approximately 84.49 acres located in the 
central portion of the former base and contained buildings 114, 124, 
125, 126, 127, 230, 231, 363, 372, 642, 658, 677, 698, 716, 747, 752, 
763, 779, 903, 923, 938, 952, and 1804. CO II-Q also contained 
structures 396, 558, 559, 560, 561, 659, 904, 905, 906, 907, 908, 909, 
910, and 911. The DON leased this CO to Heritage Fields, LLC, who 
subsequently assigned the lease for the majority of this CO to the City 
of Irvine. CO II-Q includes portions of IRP 4 and 25.
7.1.1 IRP Site 4
Site Location and History
    IRP Site 4 is located immediately southeast of Building 658, a 
former jet-engine testing facility. The site is bounded by 9th Street 
to the south, Building 658 to the north and west, and Tank Farm No. 5 
to the east. The IRP Site 4 consists of two units: Unit 1 is an oil-
stained area southeast of Building 658 which overlaps a concrete 
transformer pad, and Unit 2 is a drainage ditch which received runoff 
from a ferrocene spill.
    The staining at Unit 1 was the result of oily discharges from 
Building 658, which were observed over an approximate 2-year period. 
The contamination at Unit 2 originated from an August 1983 spill, when 
the contents of a 500-gallon tank (wash water and residual jet fuel) 
reportedly overflowed during washing and spilled onto the ground, 
draining into a ditch adjacent to 9th Street. The spilled liquid 
reportedly contained approximately 5 gallons of ferrocene and a 
hydrocarbon carrier solution.
Remedial Investigations
    Investigations conducted at IRP Site 4 included a Phase I RI and 
aerial photograph surveys in 1993. VOCs and SVOCs were below 
residential PRGs in both units.
Selected Remedy
    The human health and ecological risk assessments showed that the 
contaminants present in the soil did not present an unacceptable risk 
to human health or the environment. Therefore, no remedial action was 
required. The NFA ROD was signed on September 30, 1997.
Response Actions and Cleanup Standards
    No response actions have been taken and no cleanup standards have 
been set.
Operation and Maintenance
    No operation and maintenance is required for this site.

Five Year Reviews

    Cleanup activities at El Toro MCAS have resulted in the remediation 
of all Site-related contamination such that restrictions on use and/or 
institutional controls were unnecessary. Accordingly, no Five-Year 
Reviews were required under CERCLA.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA Section 113(k), 42 U.S.C. 9613(k) and CERCLA Section 117, 42 
U.S.C. 9617. Community input has been sought by the DON throughout the 
cleanup process. The El Toro MCAS Restoration Advisory Board (RAB) 
serves as a focal point for the exchange of information about 
environmental restoration activities between the DON, regulatory 
agencies, and the local community. RAB members review technical reports 
and plans pertaining to the El Toro MCAS cleanup and provide input to 
the DON and the regulatory agencies. RAB members serve as volunteers 
and act as a liaison to the specific community they represent including 
various cities and homeowner associations in the vicinity of El Toro 
MCAS. All RAB meetings are open to the public and anyone interested may 
attend. They are held semi-annually on a Wednesday evening in April and 
November at the Irvine City Hall, One Civic Center Plaza.
    Community involvement for the areas that are the subject of this 
document has occurred by soliciting public comment on various documents 
depending on the site's investigation and cleanup (if needed) process. 
All NFA decision documents were issued for 30-day public comment 
periods with comments, if any, addressed in the Responsiveness Summary 
of the Record of Decision. In addition, sites where non-time critical 
removal actions occurred provided public involvement with the issuance 
of the engineering evaluation/cost analysis for public comment.
    Since there are a number of ongoing investigations and cleanup at 
El Toro MCAS, community involvement activities such as the biannual RAB 
meetings will continue to occur.

Determination That the Criteria for Deletion Have Been Met

    The NCP (40 CFR 300.425(e)) states that a site may be deleted from 
the NPL when no further response action is necessary. EPA, in 
consultation with the State of California, has determined that all 
appropriate response actions under CERCLA have been completed on the 
properties proposed for deletion. Therefore, these portions of the 
former El Toro Marine Corps Air Station meet the criteria of 40 CFR 
300.425(e) and may be deleted from the NPL. The State of California, 
through the DTSC, concurred on this proposed deletion by letter dated 
February 1, 2013.

V. Partial Deletion Action

    The EPA, with concurrence of the State of California through the 
Department of Toxic Substances Control, has determined that all 
appropriate response actions under CERCLA have been completed. 
Therefore, EPA is deleting parcels I-A, II-A, III-A, II-J, II-Q, II-S, 
II-T, III-C, I-C, II-U, I-B, I-E, I-G, I-H, I-I, I-J, I-L, I-M, I-P, 
II-G, II-I, II-P, III-D, I-K, I-N, I-O, I-S, II-E, II-L, II-M, II-R, I-
R, II-B, II-K, and II-O of the El Toro Marine Corp Air Station Site 
from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective January 21, 2014 unless EPA receives adverse comments by 
December 19, 2013. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of partial deletion before the effective date of 
the partial deletion and it will not take effect. EPA will prepare a 
response to comments and continue with the deletion process on the 
basis of the notice of intent to partially delete and the comments

[[Page 69310]]

already received. There will be no additional opportunity to comment.

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.

    Dated: October 22, 2013.
Jared Blumenfeld,
Regional Administrator Region IX.

    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    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.

Appendix B--[Amended]

0
2. Table 2 of Appendix B to part 300 is amended by revising the entry 
under ``El Toro Marine Corps Air Station'', California to read as 
follows:

Appendix B to Part 300--National Priorities List

* * * * *

                                       Table 2--Federal Facilities Section
----------------------------------------------------------------------------------------------------------------
              State                            Site name                     City/county             Notes (a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
CA...............................  El Toro Marine Corps Air Station  El Toro....................               P
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(a) * * *
*P = Sites with partial deletion(s).

[FR Doc. 2013-27724 Filed 11-18-13; 8:45 am]
BILLING CODE 6560-50-P