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National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: July 11, 2006 (Volume 71, Number 132)]
[Proposed Rules]
[Page 39032-39035]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11jy06-29]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-8195-4]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency.
ACTION: Notice of Intent to Delete the T. H. Agriculture and Nutrition
Site from the National Priorities List.
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SUMMARY: The Environmental Protection Agency (EPA) Region 9 announces
the intent to delete the T. H. Agriculture and Nutrition site (``the
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 and the State of
California, through the California Department of Toxic Substances
Control, have determined that the remedial action for the site has been
successfully executed.
DATES: Comments concerning the proposed deletion of this Site from the
NPL may be submitted on or before August 10, 2006.
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 on-line instruction
for submitting comments.
? E-mail the superfund docket center (specify docket ID
number)--e-mail address: superfund.docket@epa.gov.
? Fax the docket center (specify docket number)--fax number:
202-566-0224
? Mail hardcopy to the docket center (specify docket number) address:
[[Page 39033]]
Environmental Protection Agency, EPA Docket Center (EPA/DC), Superfund,
Mailcode 5202T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460.
? For Fedex/Courier delivery, the following address should
be added (specify docket number): address: 1301 Constitution Ave., NW.,
EPA West Building, USEPA Docket Center, Reading Room B-102, Washington,
DC 20460.
Hand 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-
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
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 e-mail. 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 e-mail comment directly to EPA without
going through http://www.regulations.gov , your e-mail 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 statute. Publicly available docket
materials are available in hard copy at the EPA's Region 9 Superfund
Records Center, 95 Hawthorne Street, Suite 403S, San Francisco, CA
94105, (415) 536-2000. Available hours: by appointment, 8 a.m. to 5
p.m., M-F, excluding legal holidays. The deletion document is also
available for public viewing at the following local information
repositories for the site: Fresno County Library, Sunnyside Branch,
5562 E. Kings Canyon Rd., Fresno, CA 93727, (559) 255-6594. Available
hours: M-T, 9 a.m.-9 p.m.; F-Sat. 9-5 p.m.; Sun. 12-5, and California
Department of Toxic Substances Control, Clovis Office, File Room, 1515
Tollhouse Road, Clovis, CA 93612, (559) 297-3961. Available hours: by
appointment only, fax request to Barbara Doehring at (559) 297-3904.
FOR FURTHER INFORMATION CONTACT: Lynn Suer, Remedial Project Manager,
U.S. EPA 9 (SFD-7-2), 75 Hawthorne Street, San Francisco, CA 94105,
(415) 972-3148, or 1-800-231-3075.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion
I. Introduction
The U.S. Environmental Protection Agency (EPA) Region 9 announces
its intent to delete the T. H. Agriculture and Nutrition Site, Fresno
County, California, 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 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 identifies sites
that appear to present a significant risk to public health, welfare, or
the environment and maintains the NPL as the list of these sites. EPA
and the State of California Cal/EPA Department of Toxic Substances
Control have determined that the remedial action for the site has been
successfully executed. 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 the
procedures EPA is using for this action. Section IV discusses the T. H.
Agriculture and Nutrition site and explains how the site meets the
deletion criteria.
II. NPL Deletion Criteria
Section 300.425(e)(1) 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 persons have implemented all
appropriate response actions required; or
(ii) All appropriate Fund-financed responses under CERCLA have 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, remedial measures are not appropriate.
Even if a site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the site above levels that allow
for unlimited use and restricted exposure, EPA's policy is that a
subsequent review of the site will be conducted at least every five
years after the initiation of the remedial action at the site to ensure
that the site remains protective of public health and the environment.
If new information becomes available which indicates a need for further
action, EPA may initiate additional remedial actions. Whenever there is
a significant release from a deleted site from the NPL, the site may be
restored to the NPL without application of the Hazard Ranking System.
In the case of this site, the selected remedy is protective of human
health and the environment.
III. Deletion Procedures
The following procedures were used for the intended deletion of
this site: (1) All appropriate response under CERCLA has been
implemented and no further action by EPA is appropriate; (2) The State
of California has concurred with the proposed deletion decision; (3) a
notice has been published in the local newspapers and has been
distributed to appropriate federal, state, and local officials and
other interested parties announcing the commencement of a 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 of the site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. The NPL is designed
primarily for informational purposes and to assist Agency management.
As mentioned in section II of this notice, Sec. 300.425(e)(3) of the
NCP states that the deletion of a
[[Page 39034]]
site from the NPL does not preclude eligibility for future response actions.
For deletion of this site, EPA's Regional Office will accept and
evaluate public comments on EPA's Notice of Intent to Delete before
making a final decision to delete. If necessary, the Agency will
prepare a Responsiveness Summary to address any significant public
comments received.
A deletion occurs when the Regional Administrator places a final
notice in the Federal Register. Generally, the NPL will reflect
deletions in the final update following the Notice. Public notices and
copies of the Responsiveness Summary will be made available to local
residents by the Regional Office.
IV. Basis of Intended Site Deletion
The following site summary provides the Agency's rationale for the
proposal to delete this site from the NPL.
Site Background and History
The T. H. Agriculture and Nutrition (THAN) site consists of an
approximately 5-acre parcel located at 7183 East McKinley Avenue,
approximately three miles northeast of the City of Fresno, California.
Between 1951 and 1981, several owners utilized the Site for the
formulation, packaging, and warehousing of agricultural chemicals
(i.e., pesticides). Successive owners included Ciba-Geigy Corporation,
Olin Corporation, De Pester Western, Inc. (Nevada), De Pester Western,
Inc. (California), and THAN (known as the Thompson-Hayward Chemical
Company prior to 1981). From 1959 until present, the Site has been
owned or operated by THAN. In 1981, THAN discontinued operations, and
the facility closed completely in 1983.
In addition to the approximately 5-acre parcel, THAN currently owns
an adjacent 20-acre orchard parcel that borders on the south, east, and
west sides of the Site. Properties surrounding THAN's 25 acres of land
consist of farms, orchards, and low-density residential developments.
Contamination at the site was discovered in 1980. Water sampling
from domestic wells located near the site, conducted by the Cal/EPA
Department of Toxic Substances Control (DTSC), then known as the
Department of Health Services, revealed low levels of agricultural
chemicals. Subsequently, DTSC, the Fresno County Health Department, and
the State of California Central Valley Regional Water Quality Control
Board (Regional Board) requested and supervised an investigation by
THAN to determine the extent of environmental contamination in soil and
groundwater related to the site. Based on results of this
investigation, the site was placed on the State Priority Ranking List
in 1985. EPA added the site to the National Priorities List (NPL) in
June 1986 (51 FR 21,054, June 10, 1986). Although EPA provides technical
assistance to DTSC concerning the site, DTSC remains the lead agency.
The risk assessment for the site identified several chemicals of
concern (COCs), including: organochlorine pesticides
(dichlorodiphenyltrichloroethane [DDT], dichlorodiphenyldichloroethane
[DDD], dichlorodiphenyldichloroethylene [DDE], dieldrin, lindane, and
toxaphene), volatile organic compounds (VOCs) (chloroform, xylenes, and
ethylbenzene), and the nematocide Dibromochloropropane (DBCP). The COCs
in onsite and offsite groundwater included 1, 2-Dichloroethane (DCA),
carbon tetrachloride, chloroform, dieldrin, DBCP and 1,2,3-
trichloropropane (1,2,3-TCP). Lindane, alpha-benzenehexachloride (BHC),
and delta-BHC have also been historically detected.
In the Fresno area, DBCP has been detected at elevated
concentrations in regional groundwater as a result of its regional
application to crops. Concentrations of DBCP in wells down-gradient of
the site are not significantly different from the range of regional
DBCP concentrations. Recent groundwater studies indicate that 1,2,3-TCP
is also a regional pollutant similar to DBCP.
Remedial investigation activities revealed several onsite chemical
source areas, including the former landfill area, the former railroad
loading dock, the former south loading dock, certain former subsurface
drainage systems, and the former solvent storage area.
Prior to implementation of the site remedial action, the primary
chemicals contributing to the cancer risk from exposure to soils were
toxaphene, DDT, and dieldrin. Dermal contact with soil was the most
significant exposure pathway. The primary chemicals contributing to
non-cancer health effects from exposure to soils were DDT, DDE, DDD,
and dieldrin.
Prior to remedial action, cumulative cancer risks from exposure to
groundwater (combining ingestion, bathing, and swimming pathways)
ranged from 3 x 10-3 for future onsite adult residents to 4
x 10-5 for current offsite child residents. The primary
chemicals contributing to both cancer risk and non-cancer hazard from
exposure to groundwater were DBCP, chloroform, and dieldrin.
The Remedial Action Plan (RAP), which is the State's equivalent to
EPA's Record of Decision, was adopted in 1999. EPA concurred with the
RAP and the Final Remedy. The construction activities for implementing
the Final Remedy were completed in early 2003, and all remedial actions
were fully implemented in 2005.
Response Actions
Remedial activities occurred before and after adoption of the RAP.
Activities prior to 1999 RAP included excavation and off-site disposal
of more than 24,000 cubic yards of chemically-affected soil (1984 and
1989), demolition and removal of structures and chemically affected
debris and soil, installation and operation of a soil vapor extraction
system to treat soils, provision of alternative drinking water supplies
to nearby residents, and installation of groundwater monitoring wells.
Activities to achieve Final Remedy, as established by the 1999 RAP,
included further demolition and removal of structures, excavation of
contaminated soils and incorporation beneath an engineered cap,
construction of composite cap and perimeter fence, re-vegetation of
engineered cap to prevent erosion, establishment of long-term
Operations, Maintenance and Monitoring Agreement, development of
contingency plan for action (e.g., groundwater extraction and/or
treatment), in the event that groundwater monitoring indicates that one
or more Contaminants of Concern (COCs) exceed Final Remediation Goals,
continued provision (and expansion, as appropriate) of alternative
water supply by connections to public water supply system, point-of-use
treatment, or bottled water, land use restriction, and financial assurances
to ensure long-term maintenance and operation of the Final Remedy.
Numeric Final Remediation Goals for Carbon tetrachloride,
chloroform, 1,2-DCA and dieldrin, were based on regulatory and health-
based criteria. Final Remediation Goals for 1,2,3 TCP and DBCP were
non-numeric, because the presence of these chemicals in groundwater is
regional.
The Remedial Design, for implementing the Final Remedy, was
approved by DTSC in 2002 and the majority of the construction work was
completed by January 24, 2003, including construction of site access
restrictions (fence and signs). A Preliminary Close Out Report was
signed by U.S. EPA on June 24, 2004, documenting Construction
Completion. Implementation of the Final Remedy
[[Page 39035]]
was completed in 2005 with the execution of the Operation, Maintenance
and Monitoring (OM&M) Agreement between DTSC and THAN and recording of
the Deed Restriction, for which EPA is a third-party beneficiary. The
Deed Restriction, limiting the uses of the property, is the primary
institutional control for the site.
Cleanup Standards
The remedial action cleanup activities at the T. H. Agriculture and
Nutrition Site are consistent with the objectives of the NCP and
provide protection to human health and the environment. Contaminated
soils were excavated and consolidated beneath a cap, and chemically
affected structures were demolished and removed. Groundwater monitoring
results indicate that concentrations of COCs in groundwater samples are
generally declining due to natural biological, chemical, and physical
attenuation processes that are likely to continue, and the site-
specific COCs have not exceeded Final Remediation Goals in any wells
since July 2002. Further, is likely that this trend will continue,
since receding groundwater levels reduce the chance that contaminated
soils beneath the cap will become saturated. In addition, provision
(and expansion, as appropriate) of alternative water supply by
connections to public water supply system, point-of-use treatment, or
bottled water ensures that humans are not exposed to contaminated
drinking water. Annual inspections have verified the integrity of the
cap and access controls.
Operation and Maintenance
Operation, Maintenance and Monitoring (OM&M) activities were
generally outlined in the RAP, and further detailed and finalized in
the OM&M Plan and OM&M Agreement, approved and signed by DTSC and THAN
in 2005. DTSC is the oversight agency for the OM&M. OM&M activities are
groundwater monitoring, natural attenuation monitoring, contingent
groundwater treatment system monitoring, monitoring and maintenance of
the soil cap and access controls (e.g., fencing), maintenance of the
institutional controls (e.g., land use restrictions, as required by the
Deed Restriction).
Five-Year Review
The Comprehensive Environmental Response, Compensation and
Liability Act (CERCLA or Superfund) requires a five-year review of all
sites with hazardous substances remaining above the health-based levels
for unrestricted use of the site. Since the cleanup of the T. H.
Agriculture and Nutrition site utilized containment of the hazardous
materials as the method to reduce the risk, the five-year review
process will be used to insure that the cap is still intact and
blocking exposure pathways for human health and the environment. EPA
will conduct the first statutory five-year review in 2007.
Community Involvement
A Community Relations Plan was established in 1986 and updated in
1992. Numerous fact sheets and public announcements were mailed to the
surrounding community and other interested parties during various
phases of the site investigation and cleanup. In addition, at least
seven public meetings were held to receive input from community
stakeholders.
A Community Advisory Committee (CAC) was formed in 1988 to provide
a forum for greater public input to the project decision making
process. This group consisted of concerned residents, community
activists, local and state government officials, and THAN
representatives. This group initially met on a monthly basis reducing
to bi-monthly in the early 1990s. The last formal meeting held by the
CAC was in January 1995.
Applicable Deletion Criteria/State Concurrence
EPA has determined that all appropriate responses under CERCLA have
been completed and that no further response actions under CERCLA are
necessary, and institutional controls are in place. In a letter dated
March 27, 2006, the State of California through DTSC concurred with EPA
that all appropriate responses under CERCLA have been completed.
Therefore, EPA is proposing deletion of this site from the NPL.
Documents supporting this action are available from the docket.
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(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.
Dated: June 22, 2006.
Wayne Nastri,
Regional Administrator, Region 9.
[FR Doc. E6-10856 Filed 7-10-06; 8:45 am]
BILLING CODE 6560-50-P