[Federal Register Volume 63, Number 240 (Tuesday, December 15, 1998)]
[Proposed Rules]
[Pages 69032-69034]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32989]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-6200-8]
National Oil and Hazardous Substances Pollution Contingency Plan
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of intent for partial deletion of the Treasure Island
Naval Station--Hunters Point Annex Site from the National Priorities
List (NPL).
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SUMMARY: The Environmental Protection Agency (EPA), Region 9, announces
its intent to delete operable unit (OU) No. 1, also known as Parcel A,
of Treasure Island Naval Station--Hunters Point Annex, also known as
Hunters Point Naval Shipyard (HPS), Superfund Site (EPA ID #
CA1170090087) from the National Priorities List (NPL) and requests
public comment on this action. The NPL constitutes Appendix B of 40 CFR
part 300 which is the National Oil and Hazardous Substance Pollution
Contingency Plan (NCP), which EPA promulgated pursuant to section 105
of the Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA).
This proposal for partial deletion pertains to Parcel A, which
includes the upland area of HPS and a portion of the lowlands. A
majority of Parcel A had functioned as a residential area for Navy
personnel and is designated, by the City of San Francisco Redevelopment
Agency, for future residential use. The Navy has issued a ``no action''
Record of Decision (ROD) for Parcel A. EPA bases its proposal to delete
Parcel A on the determination by EPA and the State of California,
through the California Environmental Protection Agency (Cal/EPA),
Department of Toxic Substances Control (DTSC), that all appropriate
actions under CERCLA have been implemented to protect human health,
welfare, and the environment at Parcel A.
This partial deletion pertains only to Parcel A of the HPS Site and
does not include Parcels B, C, D, E, and F. Parcels B, C, D, E, and F
will remain on the NPL, and response activities will continue at these
parcels.
DATES: Comments concerning this site may be submitted on or before
January 14, 1999.
ADDRESSES: Comments may be submitted to Carolyn J. Douglas (SFD-5), NPL
Coordinator, U.S. EPA, Region 9, 75 Hawthorne St., San Francisco, CA
94105, 415-744-2343, Fax 415-744-1916, email DOUGLAS.CAROLYN@EPAMAIL.
EPA. GOV.
Information repositories: Comprehensive information on this Site is
available for viewing at the following locations:
U.S. EPA, Region 9, Superfund Records Center, 4th floor, 95 Hawthorne
St., San Francisco, CA 94105, 415-536-2000
Anna E. Waden Branch Library, 5075 Third St., San Francisco, CA 94124,
415-715-4100
San Francisco Main Public Library, Civic Center, San Francisco, CA
94102, 415-557-4400
FOR FURTHER INFORMATION CONTACT: Claire Trombadore (SFD-8-2), RPM, U.S.
EPA, Region 9, 75 Hawthorne St., San Francisco, CA 94105, 415-744-2409,
Fax 415-744-1916, email TROMBADORE.CLAIRE@ EPAMAIL.EPA.GOV.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Partial Deletion Criteria
III. Partial Deletion Procedures
IV. Basis for Intended Site Partial Deletion
I. Introduction
The United States Environmental Protection Agency (EPA), Region 9,
announces its intent to delete a portion of the Treasure Island Naval
Station--Hunters Point Annex, also known as Hunters Point Naval
Shipyard (HPS), Site located in San Francisco, California, from the
National Priorities List (NPL), which constitutes Appendix B of the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP),
40 CFR part 300, and requests public comment on this proposal.
This proposal for partial deletion pertains to Parcel A, which
consists of the upland area, as well as a portion of the lowlands, of
HPS. Parcel A is bounded by the other portions of HPS and the Bayview-
Hunters Point district of San Francisco. Parcel A boundaries extend up
to Crisp St. and across Spear Ave. to the south, up to Griffith St. to
the west, and up to Fisher Ave. and
[[Page 69033]]
across Robinson St. and Galvez Ave. to the east. On the north, the
Bayview-Hunters Point district of San Francisco is delineated from HPS
by a fence. A figure and the exact coordinates that define the deleted
property at the Site are contained in the NPL Partial Deletion Docket.
Section II of this document explains the criteria for partially
deleting portions of a site from the NPL. Section III discusses the
procedures that EPA is using for this action. Section IV discusses the
HPS Site and explains how partial deletion criteria are met for this
Site.
II. NPL Partial Deletion Criteria
Section 300.425(e) of the NCP provides that releases may be deleted
from, or recategorized on, the NPL where no further response is
appropriate. In making a determination to delete a release from the
NPL, EPA shall consider, in consultation with the state, whether any of
the following criteria have been met:
(i) Responsible parties or other parties have implemented all
appropriate response actions required;
(ii) All appropriate Fund-financed response under CERCLA has been
implemented, and no further 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, taking of remedial measures is not appropriate.
Site releases may not be deleted from the NPL until the state in
which the site is located has concurred with the proposed partial
deletion. EPA is required to provide the state with 30 working days for
review of the partial deletion notice prior to its publication in the
Federal Register.
As described in 40 CFR 300.425(e)(3) of the NCP, sites deleted from
the NPL are eligible for further remedial action should future
conditions warrant such action. If new information becomes available
which indicates the need for further action, EPA may initiate remedial
actions. Whenever there is a significant release from a site deleted
from the NPL, the site may be restored to the NPL without the
application of the Hazard Ranking System.
III. Partial Deletion Procedures
The following procedures were used for the intended partial
deletion of this site: (1) All appropriate response under CERCLA has
been implemented and no further EPA response is appropriate; (2) the
State of California has concurred with the partial deletion; (3) a
notice has been published in the local newspapers and has been
distributed to the appropriate Federal, State and local officials and
other interested parties announcing the commencement of the 30-day
public comment period on EPA's Notice of Intent to Delete; and (4) all
relevant documents have been made available in the local site
information repositories.
Deletion from the NPL does not itself create, alter, or revoke any
individual's rights or obligations. As mentioned in section II of this
document, Sec. 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.
EPA's Region 9 office will accept and evaluate public comments on
EPA's Notice of Intent to Delete before making a final decision to
delete the specified parcel. If necessary, Region 9 will prepare a
Responsiveness Summary to address any significant public comments
received.
If EPA determines, with the State's concurrence, that the partial
deletion is appropriate after consideration of public comment, then EPA
will place a final Notice for Partial Deletion in the Federal Register,
completing the process. Public notices and copies of the Responsiveness
Summary, if necessary, will be available in the site repositories.
IV. Basis for Intended Partial Site Deletion
The following summary provides EPA's rationale for the proposed
partial deletion of Parcel A of the HPS Site from the NPL.
Site Description
HPS is located on a promontory in southeastern San Francisco. The
promontory is bounded on the north, east, and south by San Francisco
Bay and on the west by the Bayview-Hunters Point district of the City
of San Francisco. The entire HPS covers 936 acres, 493 of which are on
land and 443 of which are under water. To facilitate the environmental
investigation and remediation and ultimate transfer of the property to
the City of San Francisco, HPS was divided into several parcels
(Parcels A through F).
Parcel A, consisting of the upland areas of HPS and a fraction of
the lowlands, is bounded by the other portions of HPS and the Bayview-
Hunters Point district and covers approximately 88 acres. Land to the
northwest of Parcel A is used for residential purposes. The other HPS
parcels that bound Parcel A are currently undergoing investigation and
remediation for future redevelopment. Under the City of San Francisco
Redevelopment Agency's current land-use plan, those parcels will
ultimately be used primarily for commercial and industrial purposes,
whereas Parcel A will be used for residential as well as for light
commercial purposes.
No wetlands or surface waters are located at Parcel A. Limited
quantities of groundwater are present in localized fractures of the
bedrock (which, along with localized areas in which it is covered by
fill, underlies all of Parcel A). Parcel A groundwater is not
considered suitable as a potential source of drinking water because of
low well yield.
No underground storage tanks (UST), aboveground tanks (AST), drums,
or hazardous materials storage areas remain on Parcel A. Sewer lines,
storm drains, and steam lines located in Parcel A were also included in
the early investigations, but no further action was required for these
utilities.
Site History
Hunters Point was first developed for dry dock use in 1867. The
Navy acquired title to the land in 1940 and began developing the area
for various shipyard activities. In 1942, the Navy began using HPS for
shipbuilding, repair, and maintenance. From 1945 to 1974, the shipyard
was primarily used as a repair facility by the Navy. The Navy
discontinued activities at HPS in 1974. From 1976 to 1986, the Navy
leased 98 percent of HPS, including all of Parcel A, to the Triple A
Machine Shop Company (Triple A), a private ship repair company. In
1986, the Navy reoccupied the property. Currently, portions of Parcel A
are subleased for use as artists' studios.
Throughout its history, Parcel A was used by both the Navy and
Triple A for primarily residential purposes. In addition, the Navy used
one building for the U.S. Naval Radiological Defense Laboratory
Program. Most of the other structures were used as offices and
warehouses.
Site Investigation Activities
The Navy began environmental studies at HPS in 1984 under the U.S.
Department of Defense (DOD) Installation Restoration Program. Between
1984 and 1991, the Navy performed a series of investigations, both
installation-wide and specific to Parcel A, to identify potential
source areas of contamination and to investigate air quality.
In 1989, EPA added HPS to the NPL due to the presence of hazardous
materials from past shipyard operations (proposed in 54 FR 29820, and
final in 54 FR 48184). In 1990, the Navy, EPA,
[[Page 69034]]
and the State of California entered into a Federal Facilities Agreement
(FFA) to coordinate environmental activities at HPS. In 1991, the DOD
designated HPS for closure as an active military base under its Base
Realignment and Closure (BRAC) program.
The Navy carried out a preliminary assessment/site inspection (PA/
SI) of potential source areas on Parcel A that had been identified
during the Navy's previous investigations. Soils at some sites
contained semivolatile organic compounds (SVOC), pesticides,
polychlorinated biphenyls (PCB), total petroleum hydrocarbons (TPH),
metals, volatile organic compounds (VOC), and herbicides. In the
process of conducting the Remedial Investigation (RI), contaminated
soils in these limited areas were excavated, disposed of off-site, and
replaced with clean soil. At the completion of the RI, the Navy
determined that all necessary response actions had been taken for
Parcel A soils.
As part of the Parcel A RI, groundwater was also investigated. The
RI concluded that the only contamination concern was from motor oil (a
form of TPH). Due to low well yield, lack of historical use of Parcel A
groundwater, and the nature of this bedrock aquifer, it was concluded
that no complete pathway for exposure to Parcel A groundwater exists.
Furthermore, motor oil is not specified as a hazardous substance under
CERCLA, and the State does not intend to require further action on this
release. As requested by the Regional Water Quality Control Board
(RWQCB), however, Parcel A will be subject to a deed notification so
that future users will be informed that motor oil was detected in
groundwater.
In addition to evaluating human health issues, an Ecological Risk
Assessment was conducted. The Ecological Risk Assessment concluded
that, due to the limited availability of habitat, the scarcity of
potential receptors, and the low level of contaminants detected on
Parcel A of HPS, the risks to ecological receptors from Parcel A are
minimal.
After the RI, the Navy, EPA, and Cal/EPA concurred that no further
action is necessary on Parcel A. The proposed plan for this portion of
HPS was released for public comment in August 1995. After reviewing
comments and determining that no significant changes to the preferred
remedy were required, the Navy, in concurrence with EPA and Cal/EPA,
issued a ``no action'' Record of Decision (ROD) in November 1995. Since
hazardous substances are not present at Parcel A at concentrations
above acceptable risk levels, the five year review requirement of
CERCLA section 121(c) is not applicable.
Community Involvement
In the late 1980s, the Navy formed a Technical Review Committee
(TRC), consisting of community members and representatives of
regulatory agencies, to discuss environmental issues pertaining to HPS.
In 1993, pursuant to the Defense Environmental Restoration Program, 10
U.S.C. 2705(d), the TRC was replaced by a Restoration Advisory Board
(RAB), at which representatives from the Navy, the local community, and
regulatory agencies meet monthly to discuss environmental progress at
HPS.
The draft RI report and proposed plan for Parcel A were released to
the public in the summer of 1995. The proposed plan was mailed to
stakeholders involved with HPS. Notice of availability of the proposed
plan was published in local newspapers. The Parcel A ROD summarizes
comments received during the subsequent public meeting and 30 day
public comment period. These community participation activities fulfill
the requirements of section 113(k)(2)(B)(i-v) and section 117(a)(2) of
CERCLA. In addition to this, the Navy publishes an HPS-specific
quarterly newsletter for the local community entitled Environmental
Clean-Up News.
Current Status
One of the three criteria for site deletion specifies that EPA may
delete a site from the NPL if ``responsible parties or other parties
have implemented all appropriate response actions required.'' EPA, with
the concurrence of the State of California, believes that this
criterion for this partial deletion has been met. The State of
California concurs with the proposed partial deletion of Parcel A of
the Treasure Island Naval Station--Hunter's Point Annex Site.
Subsequently, EPA is proposing partial deletion of this Site from the
NPL.
Laura Yoshi,
Acting Regional Administrator, Region 9.
[FR Doc. 98-32989 Filed 12-14-98; 8:45 am]
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