[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Proposed Rules]
[Pages 37195-37198]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16320]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-9997-61-Region 9]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Intel Corp. (Santa Clara III) 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 9 is issuing 
a Notice of Intent to Delete the Intel Corp. (Santa Clara III) 
Superfund Site (Site) located in Santa Clara, 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 San Francisco Regional Water Quality 
Control Board (RWQCB), have determined that all appropriate response 
actions under CERCLA have been completed. However, this deletion does 
not preclude future actions under Superfund.

DATES: Comments must be received by August 30, 2019.

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 online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or

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multimedia submissions, and general guidance on making effective 
comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
     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: Superfund Records Center, 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-
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 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 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 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: Santa Clara City Library, 2635 Homestead Road, 
Santa Clara, California. Call (408) 615-2900 for hours of operation.

FOR FURTHER INFORMATION CONTACT: Holly Hadlock, 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 Site Deletion

I. Introduction

    EPA Region 9 announces its intent to delete the Intel Corp. (Santa 
Clara III) Superfund 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 
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). As described in 40 CFR 
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible 
for Fund-financed remedial actions if future conditions warrant such 
actions.
    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 procedures that EPA is using 
for this action. Section IV discusses the Site and demonstrates how it 
meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), 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.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the State before developing this Notice of 
Intent to Delete;
    (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 the RWQCB, has concurred with 
deletion of the Site from the NPL;
    (5) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, a notice is being published in a local 
newspaper, The Santa Clara Weekly. The newspaper notice announces the 
30-day public comment period concerning the Notice of Intent to Delete 
the Site from the NPL; and
    (6) EPA placed copies of documents supporting the proposed deletion 
in the deletion docket and made these items available for public 
inspection and copying at the Site information repositories identified 
above.
    If comments on this document are received within the 30-day public 
comment period, EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. 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 Site, the Regional Administrator 
will publish a final Notice of 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 in the 
Site information repositories listed above.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any

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individual's rights or obligations. Deletion 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 Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL.

Site Background and History

    The Site (CERCLIS ID # CAT000612184) is located at 2880 
Northwestern Parkway in the City of Santa Clara, Santa Clara County, 
California, approximately six miles south of the San Francisco Bay. The 
Site is approximately four acres in size. Intel Corporation (Intel) 
performed quality control of chemicals and electrical testing of 
semiconductors at the Site from 1976 to 2008. Volatile organic 
compounds (VOCs), primarily trichloroethene (TCE), were detected in 
shallow groundwater at the Site starting in 1982. Waste solvents were 
managed in a drum storage area and acid neutralization system located 
outdoors in the area of groundwater contamination and may have been the 
source of the groundwater VOCs; however, no evidence of a source was 
found in Site soil or soil gas. On October 15, 1984, the Site was 
proposed for NPL listing (49 FR 40320). On June 10, 1986, EPA added the 
Site to the NPL (51 FR 21072). Prior to the Site's listing on the NPL, 
the acid neutralization system and drum storage area were removed and a 
two-well groundwater extraction and treatment system (GWTS) was 
installed and put into operation.

Ongoing Development

    The Site is zoned for light industrial use and is in an industrial 
park, dominated by the electronics industry, particularly semiconductor 
manufacturing. Since 2010, the Site has been owned by Vantage Data 
Center as part of its 18-acre Santa Clara campus, which is under 
redevelopment.

Remedial Investigation and Feasibility Study (RI/FS)

    The Remedial Investigation (RI) was completed in 1989 and included 
investigation of groundwater, soil, and soil gas. Based on the RI, EPA 
concluded that only VOCs in shallow (less than 30 feet deep) 
groundwater required cleanup. By 1990 the only contaminant above 
drinking water standards was TCE. Indoor air was sampled in 2010 and 
EPA determined that there is no unacceptable risk of TCE vapor 
intrusion.
    EPA completed the Feasibility Study (FS) in early 1990. The FS 
evaluated four alternatives: (1) No further action; (2) continued 
operation of the existing two-well GWTS, groundwater monitoring, and 
implementation of a deed restriction; (3) cyclic operation of the 
existing two-well GWTS, groundwater monitoring, and implementation of a 
deed restriction; and (4) addition of a third extraction well and 
cyclic operation of the expanded GWTS, groundwater monitoring, and 
implementation of a deed restriction.

Selected Remedy

    The Record of Decision (ROD) was issued on September 20, 1990, and 
Alternative 4 was the selected remedy. As described above, this remedy 
included modifications to and continued operation of the existing GWTS 
and implementation of a deed restriction for shallow groundwater use.
    The remedial action objectives for the remedy selected in the 1990 
ROD was to restore the groundwater to maximum contaminant levels 
(MCLs); prevent migration of contaminants in the groundwater; prevent 
any exposure of the public to contaminated groundwater; and restore the 
A-zone groundwater to drinking water quality. Although the 1990 ROD 
listed MCL cleanup criteria for nine different VOCs, only TCE remained 
above the MCL when the ROD was issued.
    A ROD Amendment was signed on September 7, 2010, modifying the 
previously selected remedy for the Site, but leaving intact the 1990 
ROD's RAO of restoring groundwater to its beneficial use as drinking 
water. The amended remedy included the deed restriction already 
recorded for the Site and monitored natural attenuation (MNA) to 
achieve groundwater clean-up standards.

Response Actions

    The remedy selected in the 1990 ROD remedy was implemented in 1991. 
By 1995 the GWTS was no longer effective at reducing groundwater TCE 
concentrations and was shut down with RWQCB approval. In 2005, an in-
situ chemical oxidation (ISCO) pilot test was implemented, but it also 
did not achieve the MCL in all wells. In January 2008, a new and 
expanded deed restriction was recorded. In addition to restricting 
extraction of groundwater, this new deed restriction included 
specifications that no residences, hospitals, schools, or daycare 
centers could be built at the Site and that no excavations greater than 
three feet bgs were allowed without RWQCB approval. In 2016, a pilot 
study using injected colloidal activated carbon was implemented for in 
situ adsorption of the low (less than 10 micrograms per liter) and 
localized (two monitoring wells) TCE concentrations above the MCL that 
remained in shallow groundwater. Follow-up injections were conducted 
near one of these two monitoring wells in 2017.

Cleanup Levels

    Following the 2016-2017 pilot study, groundwater monitoring was 
conducted periodically in the two monitoring wells that previously had 
groundwater TCE concentrations above the MCL. These groundwater 
monitoring data were evaluated using EPA statistical tools for 
assessing completion of groundwater restoration. EPA determined that 
the RAO (i.e., groundwater restoration to drinking water standards) had 
been attained at the Site based on: (1) TCE concentrations in these two 
monitoring wells were below MCLs; (2) TCE concentrations in these two 
monitoring wells were expected to remain below MCLs; and, (3) 
groundwater VOCs in all other Site monitoring wells had been 
consistently below MCLs for at least seven years.

Operation and Maintenance

    Under the MNA remedy, the operation, maintenance, and monitoring 
included periodic groundwater monitoring and maintenance of the deed 
restriction. The 2008 deed restriction was signed by Intel and the 
RWQCB and was recorded with Santa Clara County by Intel. Because 
cleanup is now complete at the Site, the deed restriction is being 
terminated, groundwater monitoring has been discontinued, the 
monitoring wells have been properly closed under Santa Clara Valley 
Water District (SCVWD) permit, and monitoring and maintenance have been 
discontinued.

Five-Year Reviews

    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. EPA issued the Fifth Five-Year Review 
Report on August 4, 2016, and concluded that the remedy at the Intel 
Santa Clara 3 Site is protective of human health and the environment. 
At that time, groundwater contamination had been reduced to below the 
MCLs in all but a very limited

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area, and any potential exposures were controlled through the deed 
restriction. No future five-year reviews are needed because the MCL 
cleanup goals have been attained throughout the Site, all monitoring 
wells have been closed, and the deed restriction is being terminated.

Community Involvement

    EPA held community meetings before and during the Site cleanup, 
most recently in 2009. 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 Site Meets the Criteria for Deletion in the NCP

    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 Site is appropriate. EPA is publishing 
a notice in a local newspaper, The Santa Clara Weekly, of its intent to 
delete the Site and how to submit comments. EPA placed copies of 
documents supporting the proposed deletion in the Site information 
repositories; these documents are available for public inspection and 
copying.
    The implemented groundwater remedy achieved the degree of cleanup 
and protection specified in the ROD for the Site. The selected remedial 
action objectives and associated cleanup levels for the groundwater are 
consistent with agency policy and guidance. Based on information 
currently available to EPA, no further Superfund response 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: July 23, 2019.
Michael B. Stoker
Regional Administrator, Region 9.
[FR Doc. 2019-16320 Filed 7-30-19; 8:45 am]
 BILLING CODE 6560-50-P