[Federal Register Volume 82, Number 246 (Tuesday, December 26, 2017)]
[Proposed Rules]
[Pages 60943-60946]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-27794]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0011; FRL-9972-58--Region 9]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Pacific Coast Pipe 
Lines Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Environmental Protection Agency (EPA) Region 9 is issuing 
a Notice of Intent for Partial Deletion of the surface soil portion of 
the Pacific Coast Pipe Lines (PCPL) Superfund Site (Site) located in 
Fillmore, California, from the National Priorities List (NPL) and 
requests public comments on this proposed action. 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). EPA and the State of California, through the 
Department of Toxic Substances Control (DTSC), have determined that 
there is no exposure to contaminated soil at the Site and that all 
appropriate response actions at the identified parcel under CERCLA, 
other than maintenance, monitoring and five-year reviews, have been 
completed. However, this deletion does not preclude future actions 
under Superfund.
    This partial deletion pertains to the surface soil; a map 
indicating the area to be deleted is in the public docket. The 
groundwater will remain on the NPL and is not being considered for 
deletion as part of this action.

DATES: Comments must be received by January 25, 2018.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1989-0011, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     Email: Project Manager: [email protected] or Community 
Involvement Coordinator: [email protected].
     Mail: Holly Hadlock (SFD-7-3), U.S. EPA, 75 Hawthorne 
Street, San Francisco, CA 94105.
     Hand delivery: Holly Hadlock (SFD-7-3), U.S. EPA, 75 
Hawthorne Street, San Francisco, California. Such deliveries are 
accepted only during EPA'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-
1989-0011. 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 website 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 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

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not publicly available, e.g., CBI or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in the hard copy. Publicly 
available docket materials are available either electronically in 
http://www.regulations.gov or in hard copy at the following 
repositories:
    Superfund Records Center, 75 Hawthorne Street Room 3110, San 
Francisco, California, Hours: 8:00 a.m.-4:00 p.m.; (415) 947-8717.
    Site Repository: Fillmore Library, 502 2nd Street, Fillmore, 
California. Call (805) 524-3355 for hours of operation.

FOR FURTHER INFORMATION CONTACT: Holly Hadlock, Remedial Project 
Manager, U.S. EPA, Region 9 (SFD-7-3), 75 Hawthorne Street, San 
Francisco, CA 94105, (415) 972-3171, email: [email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    EPA Region 9 announces its intent to delete the surface soil 
portion of the PCPL Superfund Site from the 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 maintains the NPL 
in order to identify sites that appear to present a significant risk to 
public health, welfare, or the environment. Sites on the NPL are 
eligible for remedial actions financed by the Hazardous Substance 
Superfund (Fund). This partial deletion of the Pacific Coast Pipeline 
Site 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.
    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.

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. Deletion Procedures

    The following procedures apply to deletion of the surface soil 
portion of the Site:
    (1) EPA consulted with the State before developing this Notice of 
Intent for Partial Deletion.
    (2) EPA has provided the State 30 working days for review of this 
notice prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate.
    (4) The State of California, through DTSC, has concurred with the 
deletion of the surface soil portion of the Pacific Coast Pipe Lines 
Superfund Site from the NPL.
    (5) Concurrently, with the publication of this Notice of Intent for 
Partial Deletion in the Federal Register, a notice is being published 
in two major local newspapers, the Ventura County Star and the Fillmore 
Gazette. The notices announce the 30-day public comment period 
concerning the Notice of Intent for Partial Deletion of the Site from 
the NPL.
    (6) EPA placed copies of documents supporting the proposed partial 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    If comments are received within the 30-day comment period on this 
document, EPA will evaluate and respond accordingly to the comments 
before making a final decision to delete the surface soil portion. If 
necessary, EPA will prepare a Responsiveness Summary to address any 
significant public comments received. After the public comment period, 
if EPA determines it is still appropriate to delete the surface soil 
portion of the PCPL Superfund Site, the Regional Administrator will 
publish a final Notice of Partial Deletion in the Federal Register. 
Public notices, public submissions and copies of the Responsiveness 
Summary, if prepared, will be made available to interested parties and 
included in the site information repositories listed above.
    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 future 
response actions, should future conditions warrant such actions.

IV. Basis for Partial Site Deletion

    The following information provides EPA's rationale for deleting the 
surface soil portion of the PCPL Superfund Site from the NPL:

Site Background and History

    The Site (CERCLIS ID #CAD980636781) is just east of the City of 
Fillmore in Ventura County, California. It is north of Highway 126 and 
the Santa Clara River and east of Pole Creek. It was a former oil 
refinery that shut down in 1950, then a crude oil pumping station until 
2002. Refinery wastes from numerous on-site waste pits resulted in 
groundwater becoming contaminated with benzene, toluene, ethylbenzene, 
and xylene. On June 24, 1988, the Site was proposed for NPL listing (53 
FR 23988). On October 4, 1989, EPA added the Site to the NPL (54

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FR 41015). There is one site-wide Operable Unit that covers both 
groundwater and surface soil. The surface soil is being addressed in 
this proposed action. A map of the proposed deletion area is in the 
docket.

Ongoing Development

    The 55-acre former refinery property is zoned for industrial and 
agricultural use. Land use in the surrounding area is commercial, 
residential, agricultural, and undeveloped open space. Concurrent with 
the remedial action, the property was graded into lots for commercial 
use. The property owner, Chevron Corporation, has leased the property 
to Cenergy Power for use as a solar energy facility.

2011 Remedial Investigation and Feasibility Study (RI/FS)

    In 2011 EPA conducted a focused RI of the surface soil, defined as 
0 to 10 feet below ground surface (bgs) for the Site, to determine the 
nature and extent of soil contamination and to evaluate the potential 
for soil vapor intrusion. Investigations before the 1992 Record of 
Decision (ROD) determined that the surface soil was no longer a source 
of contamination to groundwater because none of the contaminants in the 
soil were found in the groundwater. Because the contaminants in soil 
were not migrating to groundwater, EPA limited its soil investigation 
for the 2011 RI to the surface soil. EPA concluded that there are no 
exposure pathways for contaminants below 10 feet bgs, as no on-site 
workers, recreational users, residents, or ecological receptors would 
be exposed to contaminants below 10 feet.
    The primary contaminants of concern in the soil were lead and 
polycyclic aromatic hydrocarbons (PAHs). Three contaminants were 
detected in soil gas above health-based screening levels in a few areas 
on the Site: Benzene, ethylbenzene, and naphthalene. The vapor 
intrusion investigation conducted as part of the 2011 RI showed that 
benzene in groundwater does not pose a vapor intrusion health risk 
because the benzene vapors are naturally biodegrading to concentrations 
below health-based levels before making their way to the surface.
    EPA evaluated five remedial alternatives for the soil remedy in the 
2011 FS: (1) No action; (2) excavation with off-site disposal; (3) 
excavation with on-site disposal and capping; (4) excavation with 
composting; and (5a and 5b) excavation with solidification and on-site 
disposal (two solidification options were evaluated). All alternatives 
except for the no action alternative included institutional controls to 
restrict future use of the property. Alternatives 4 and 5b did not 
address all soil contaminants and EPA deemed them, along with 
Alternative 1, not protective of human health and the environment.

2011 Remedy for Soils

    EPA selected Alternative 3 for the soil remedy in the ROD Amendment 
dated September 29, 2011. An earlier ROD for the site, dated March 31, 
1992, selected groundwater extraction and treatment as the remedy for 
the contaminated groundwater and soil vapor extraction for the 
contaminated vadose zone but did not address soil contamination at the 
Site. The major components of the soil remedy were: (1) Consolidation 
of excavated soil in a former on-site waste pit; (2) an engineered cap 
to prevent leaching of contaminants into groundwater; and (3) 
institutional controls to ensure the cap integrity would be maintained 
and to restrict the future use of the property to commercial and 
recreational uses only. The Remedial Action Objectives for soil were: 
(1) Prevent human exposure through direct dermal contact, ingestion, 
and inhalation of shallow soil and soil vapor contaminated above 
threshold levels for commercial land use, construction activities, and 
recreational activities; (2) prevent contaminants in waste pit (lead, 
PAHs) from migrating into underlying groundwater; and (3) reduce 
contamination in soil below toxicity threshold levels so it is not 
toxic to the plants and animals of the existing scrub habitat.
    The 2011 ROD Amendment cleanup level for surface soil lead is 320 
mg/kg. This concentration, based on the Adult Blood-Lead Model, could 
result in a blood-lead concentration equal to 1 [micro]g/dL in exposed 
workers and recreational users. In selecting this cleanup level, EPA 
has prohibited the Site being used for residences, schools, day cares, 
or a hospital. In addition, two other lead cleanup levels were chosen 
for ecological receptors in the hillside scrub habitat at the east edge 
of the site: 26 mg/kg for the top six inches of soil and 56 mg/kg for 
soil from six inches down to six feet.

Response Actions

    Pursuant to a Consent Decree, Chevron prepared all remedial design 
(RD) documents and conducted all soil cleanup activities with EPA and 
DTSC oversight. RD activities included preparing work plans and design 
documents, notifying the public, obtaining necessary permits, and 
conducting additional soil sampling to further delineate the lateral 
extent of contamination and to determine if the historical soil berms 
throughout the Site had contamination exceeding ROD Amendment cleanup 
levels. The main consolidation area (CA) was designed to accommodate 
23,500 cubic yards (cy) of soil; however, a supplemental CA was 
designed as a contingency in case more volume was needed than the 
original estimate of 19,600 cy.
    RA construction activities took place during two construction 
seasons, from May 2013 to November 2013 and from March 2014 to November 
2014. Contaminated soil was removed from locations with concentrations 
above cleanup levels including 39 locations with elevated lead, 40 
locations with elevated PAHs, and 17 locations with elevated levels of 
both. In addition, it was determined that elevated levels of chemicals 
with soil gas survey results exceeding risk-based criteria were co-
located with soil containing elevated levels of PAHs and these soils 
were removed during excavation (RA Report, page 13). Approximately 
43,612 cy of soil were excavated during the RA. 41,899 cy were placed 
in the two CAs: 22,425 cy in the main CA and 19,474 cy in the 
Supplemental CA. The remaining 1,713 cy, encountered and excavated 
after the two CA caps were in place, were disposed of as a non-
hazardous waste at Clean Harbors' Buttonwillow, California, landfill 
because these soils did not meet hazardous waste criteria and did not 
contain RCRA-listed waste. Once analytical results from the lab 
confirmed that ROD Amendment soil-cleanup levels had been met, the 
excavations were backfilled with clean fill. A 5-foot-thick engineered 
cap was placed on each CA. Each cap consists of several layers designed 
to prevent penetration and vertical water infiltration.

Cleanup Levels

    EPA reviewed data from soil samples collected and analyzed from 
each excavation location to confirm that ROD Amendment cleanup levels 
had been met. Post-remediation soil vapor sampling was conducted to 
confirm that soil gas cleanup levels had been met. In 2015 EPA 
determined that all contaminants of concern were below their cleanup 
levels and that the remedy was functioning as designed.

Operation, Maintenance, and Monitoring

    The operation, maintenance, and monitoring (OM&M) of the soil 
remedy includes periodic inspections of the CA caps and performance of 
any necessary

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maintenance. The Final Soil Operation, Maintenance, and Monitoring Plan 
establishes an inspection, monitoring, and maintenance program and a 
schedule of activities for the first five years following the 2014 
completion of the soil RA. Chevron is responsible for OM&M activities 
and EPA is responsible for oversight.

Institutional Controls/Restrictions on Use of the Site

    The soil remedy for the Site includes institutional controls to 
restrict future property use to commercial and recreational purposes 
and to limit actions that could interfere with the remedy (the caps). 
Consistent with the institutional controls selected in the ROD 
Amendment, EPA, DTSC, and Chevron developed a land use covenant to 
restrict the use of the Site; this covenant was recorded at the Ventura 
County Recorder's Office on August 19, 2016, and ``runs with the 
land,'' meaning the restrictions are binding on current and subsequent 
property owners and remain in effect until they are formally removed or 
modified. A copy of the covenant is in the docket.

2016 Five-Year Review

    EPA conducts reviews every five years to determine if remedies are 
functioning as intended and if they continue to be protective of human 
health and the environment. Because contaminants remain in the PCPL 
Site soil above levels that would allow for unlimited use and 
unrestricted exposure, EPA will continue to conduct five-year reviews, 
as required by statute. EPA issued the Fourth Five-Year Review Report 
on August 22, 2016, and concluded that the soil remediation is complete 
and the remedy at the PCPL Site is functioning as intended and is 
protective of human health and the environment in both the short-term 
and the long-term. There were no issues or recommendations. EPA will 
conduct the next five-year review in 2021.

Community Involvement

    EPA prepared a Community Involvement Plan in 2011. EPA held 
numerous community meetings before and during the soil cleanup, and 
issued fact sheets and postcard updates. EPA also conducted Site tours 
before the soil cleanup began. At EPA's request, the Agency for Toxic 
Substances and Disease Registry prepared a Health Consultation that 
evaluated the possible health effects from airborne dust at the Site. 
It concluded that community members were not likely to be exposed to 
lead or PAHs in Site soil or dust at levels that could cause health 
effects. EPA released a fact sheet shortly before publication of this 
Notice informing the community of the proposal to delete the surface 
soil portion of the Site from the NPL and how to submit comments.

Determination That the Criteria for Deletion Have Been Met

    EPA has followed all procedures required by 40 CFR 300.425(e), 
Deletion from the NPL. EPA consulted with the State of California prior 
to developing this Notice. EPA determined that the responsible party 
has implemented all appropriate response actions required and that no 
further response action for the surface soil portion of the Site is 
appropriate. EPA is publishing a notice in two major local newspapers, 
The Ventura County Star and the Fillmore Gazette, of its intent to 
partially delete the Site and how to submit comments. EPA placed copies 
of documents supporting the proposed partial deletion in the Site 
information repositories; these documents are available for public 
inspection and copying.
    The implemented soil remedy achieved the degree of cleanup and 
protection specified in the ROD Amendment for the surface soil portion 
of the Site. The selected remedial action objectives and associated 
cleanup levels for the surface soil are consistent with agency policy 
and guidance. Based on information currently available to EPA, no 
further Superfund response in the area proposed for deletion is needed 
to protect human health and the environment.

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(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p.306; 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: December 18, 2017.
Alexis Strauss,
Acting Regional Administrator.
[FR Doc. 2017-27794 Filed 12-22-17; 8:45 am]
 BILLING CODE 6560-50-P