[Federal Register Volume 69, Number 146 (Friday, July 30, 2004)]
[Rules and Regulations]
[Pages 45601-45604]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-17299]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-7792-8]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Direct final notice of deletion of the Ralph Gray Trucking
Company Superfund Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region IX is
publishing a direct final notice of deletion of the Ralph Gray Trucking
Company Superfund Site (Site), located in Westminster, 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 appendix B of 40 CFR part 300, which is the
National Oil and Hazardous Substances Pollution Contingency Plan (NCP).
This direct final deletion is being published by EPA with the
concurrence of the State of California, through the California
Department of Toxic Substances Control because EPA has determined that
all appropriate response actions under CERCLA have been completed and,
therefore, further remedial action pursuant to CERCLA is not
appropriate.
DATES: This direct final deletion will be effective September 28, 2004,
unless EPA receives adverse comments by August 30, 2004. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final deletion in the Federal Register informing the public that
the deletion will not take effect.
ADDRESSES: Comments may be mailed to: Don Hodge, Community Involvement
Coordinator, U.S. EPA Region IX (SFD-3), 75 Hawthorne Street, San
Francisco, CA 94105-3901, (415) 972-3240 or 1-800-231-3075.
Information Repositories: Comprehensive information about the Site
is available for viewing and copying at the Site information
repositories located at: U.S. EPA Region IX Superfund Records Center,
95 Hawthorne Street, San Francisco, CA 94105-3901, (415) 536-2000,
Monday through Friday 8 a.m. to 5 p.m.; Westminster Public Library,
8180 13th Street, Westminster, CA 92683, (714) 893-5057.
[[Page 45602]]
FOR FURTHER INFORMATION CONTACT: Patricia Bowlin, Remedial Project
Manager, U.S. EPA Region IX (SFD-7-3), 75 Hawthorne Street, San
Francisco, CA 94105-3901, (415) 972-3177 or 1-800-231-3075.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region IX is publishing this direct final notice of deletion of
the Ralph Gray Trucking Company Superfund Site from the NPL.
The EPA identifies sites that appear to present a significant risk
to public health or the environment and maintains the NPL as the list
of those sites. As described in 300.425(e)(3) of the NCP, sites deleted
from the NPL remain eligible for remedial actions if conditions at a
deleted site warrant such action.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication of a notice of
intent to delete. This action will be effective September 28, 2004,
unless EPA receives adverse comments by August 30, 2004, on this
document. If adverse comments are received within the 30-day public
comment period on this document, EPA will publish a timely withdrawal
of this direct final deletion before the effective date of the
deletion, and the 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 to delete 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 Ralph Gray Trucking Company
Superfund Site and demonstrates how it meets the deletion criteria.
Section V discusses EPA's action to delete the Site from the NPL unless
adverse comments are received during the public comment period.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that releases may be deleted
from the NPL where no further response is appropriate. In making a
determination to delete a release from the NPL, EPA shall consider, in
consultation with the State, whether any of the following criteria have
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. All appropriate Fund-financed (Hazardous Substance Superfund
Response Trust Fund) 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.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the deleted site above levels
that allow for unlimited use and unrestricted exposure, CERCLA section
121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the site
be conducted at least every five years after the initiation of the
remedial action at the deleted site to ensure that the action remains
protective of public health and the environment. If new information
becomes available which indicates a need for further action, EPA may
initiate remedial actions. 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 Site:
(1) The EPA consulted with State of California on the deletion of
the Site from the NPL prior to developing this direct final notice of
deletion.
(2) The State of California concurred with deletion of the Site
from the NPL.
(3) Concurrently with the publication of this direct final notice
of deletion, a notice of the availability of the parallel notice of
intent to delete published today in the ``Proposed Rules'' section of
the Federal Register is being published in a major local newspaper of
general circulation at or near the Site and is being distributed to
appropriate federal, state, and local government officials and other
interested parties; the newspaper notice announces the 30-day public
comment period concerning the notice of intent to delete the Site from
the NPL.
(4) The EPA placed copies of documents supporting the deletion in
the Site information repositories identified above.
(5) If adverse comments are received within the 30-day public
comment period on this document, EPA will publish a timely notice of
withdrawal of this direct final notice of 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 to delete and the
comments already received.
Deletion of a site from the NPL does not itself create, alter, or
revoke any 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 Location
The Ralph Gray Trucking Company Superfund Site is located in a 23-
acre residential neighborhood of Westminster, Orange County,
California. This neighborhood, also known as Westminster Tract Number
2633, is located north of the San Diego freeway (I-405) and is bounded
by the Orange County flood control channel to the south, Goldenwest
Avenue to the west, the U.S. Navy railroad (abandoned) to the north,
and Chestnut Street to the east. The area to the west of the site is
residential and the other surrounding areas are used for light
industrial and commercial activities.
Site History
During the 1930s, the immediate area was primarily used for
agricultural purposes and the site was known as the Murdy Dairy Farm.
From 1936 until the late 1930's, Ralph Gray Trucking Company collected
acid sludge, oil field wastes, and oil refinery wastes and used four
unlined pits at the farm as a disposal site. The disposal pits were
abandoned in place and remained undisturbed until the construction of
75 homes in the late 1950s. The Hintz Development Company moved the
hazardous substances from the pits and buried the material in two
unlined trenches which had been cut through the backyard areas of about
25 of the lots before the homes were built. Five homes were built
directly over one of the original waste pits.
By 1965, residents reported black sludge seeping into their yards
from the ground. Throughout the 1970s, residents routinely complained
to city officials about the black sludge and buried waste material
uncovered during excavations
[[Page 45603]]
for swimming pools and house additions. In 1983, Orange County referred
the site to the California Department of Health Services (DHS) for
investigation. Between 1987 and 1991, DHS conducted annual seep
removals and issued an advisory to the residents recommending they not
eat vegetables and fruit grown in their yards. During the period, DHS
also completed a Mulipathway Health Risk Assessment, developed a draft
feasibility study (RI/FS), and prepared a draft Remedial Action Plan
(RAP).
In 1989, EPA completed the Preliminary Assessment/Site
Investigation (PA/SI) which concluded that local residents could
potentially be exposed to hazardous substances via several exposure
routes, including dermal contact, ingestion, and inhalation. The Site
was proposed for listing on the NPL in July 1991 and placed on the NPL
in October 1992. EPA decided to conduct a non-time-critical removal
action because of the threat to public health posed by hazardous waste
and contaminated soil at the Site and the length of time necessary to
initiate a remedial action selected in a Record of Decision.
Engineering Evaluation and Cost Analysis (EE/CA)
From November 1992 through April 1993, EPA conducted a focused
investigation to further study the waste body. In general, the
hazardous substances found at the site were present in two different
forms: surface seep material and buried waste. Both forms of the
material were comprised of volatile organic compounds (VOCs), various
sulfur and organic sulfur compounds, and polynuclear aromatic
hydrocarbons (PAHs).
EPA completed the Engineering Evaluation and Cost Analysis (EE/CA)
in August 1993 which recommended a removal action to address the buried
hazardous substances on site. The EE/CA found that releases of VOCs and
sulfur dioxide from both seep and buried waste material had occurred
and would continue to occur unless a removal action was conducted. The
VOCs in the seep and buried waste material included known and potential
human carcinogens, and the levels of sulfur dioxide could impact
individuals with impaired respiratory systems.
Action Memorandum
The initial Action Memorandum (AM) for the site, dated March 29,
1994, authorized the non-time-critical removal action for the site.
Under this AM, EPA proposed to excavate contaminated soils and
subsurface hazardous substances from 25-30 properties, and dispose of
the contaminated materials and soil off-site at an authorized disposal
facility. The removal action required the razing and restoration of
backyard improvements such as house additions, swimming pools, decks,
and other structures. The AM also authorized EPA to conduct a
groundwater investigation to determine whether contaminants had
migrated to the underlying groundwater.
The second AM, dated May 12, 1995, authorized EPA to raze and
reconstruct five homes which were built directly over the waste body.
The third AM, dated July 8, 1996, authorized EPA to enter into a cash
settlement agreement with one resident in lieu of landscaping
restoration. The fourth AM, dated December 17, 1996, authorized EPA to
enter into cash settlement agreements with the owner of the five homes
that were razed during the removal in lieu of reconstruction.
Characterization of Risk
The Multipathway Health Risk Assessment determined that the sum of
excess individual lifetime cancer risks from the contamination at the
site ranged from 6 x 10-6 to 7 x 10-5 which is sufficient to warrant an
EPA response action given the close proximity of humans to the waste
and the uncertainty associated with risk characterizations. In
addition, a June 1993 review by DHS identified the potential for an
acute health threat to individuals who inhaled the emissions from
disturbed seep or buried wastes.
Response Actions
EPA entered into an Interagency Agreement with the U.S. Bureau of
Reclamation (USBR) to conduct the removal activities at the site. USBR
conducted engineering surveys of all the properties at the site,
extensive soil sampling throughout the neighborhood to determine the
extent of the waste body, prepared the removal design package, retained
a removal contractor and restoration contractor, and administered the
temporary relocation program. The removal action commenced in June 1994
and was completed in February 1997.
Pursuant to the first AM, EPA conducted groundwater sampling from
nine previously installed monitoring wells to determine if cleanup
activities were necessary. EPA conducted sampling in July 1997 through
November 1997 and in October and November 1999. Based on the sampling
results, EPA determined that neither the intermediate nor deep
aquifers, which are the only viable potential sources of drinking water
in the area, were impacted by the contamination at the site. Sampling
of the perched shallow zone indicated minor water quality impacts from
the site were present. However, EPA did not propose any further action
because (1) this perched zone is not a viable potential source of
drinking water, hence human exposure to the residual contamination is
unlikely, and (2) the residual contamination did not pose a significant
health risk even in the unlikely event of human consumption.
Site Closure
During the removal work at the Site, EPA installed vault boxes for
a potential soil vapor extraction (SVE) system. After EPA conducted
soil and groundwater sampling, EPA determined that the removal action
was successful and that the SVE system was not needed. In April 2003,
EPA properly abandoned the SVE vaults and the nine groundwater
monitoring wells.
Cleanup Standards
The cleanup of the site complies with the ``clean closure''
requirements, consistent with the Resource Conservation and Recovery
Act of 1976, as amended, 40 CFR 264.111. EPA believes that it has found
and removed all significant sources of hazardous waste from the site.
Confirmatory sampling verifies that EPA has achieved the Action
Memoranda cleanup objectives. There are no hazardous substances
remaining at the site above health-based levels, and, therefore, no
five-year reviews will be required.
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. Documents in the deletion docket which EPA relied on for
recommendation of the deletion from the NPL are available to the public
in the information repositories.
V. Deletion Action
The EPA, with concurrence of the State of California, has
determined that all appropriate responses under CERCLA have been
completed and that no further response actions under CERCLA are
necessary. Therefore, EPA is deleting the 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 September 28, 2004, unless EPA receives adverse comments
by August 30, 2004. If adverse comments are received within the 30-day
public comment period, EPA
[[Page 45604]]
will publish a timely withdrawal of this direct final notice of
deletion before the effective date of the deletion and it will not take
effect and, EPA will prepare a response to comments and continue with
the deletion process on the basis of the notice of intent to delete and
the comments 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: July 21, 2004.
Laura Yoshii,
Acting Regional Administrator, Region IX.
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For the reasons set out in this document, 40 CFR part 300 is amended as
follows:
PART 300--[AMENDED]
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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]
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2. Table 1 of Appendix B to Part 300 is amended under California
(``CA'') by removing the entry for ``Ralph Gray Trucking Co.''
[FR Doc. 04-17299 Filed 7-29-04; 8:45 am]
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