[Federal Register Volume 62, Number 223 (Wednesday, November 19, 1997)]
[Proposed Rules]
[Pages 61715-61719]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30380]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[FRL-5925-2]
National Oil and Hazardous Substances; Pollution Contingency
Plan; National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of intent to delete Coalinga Asbestos Mine Site from the
National Priorities List: request for comments.
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SUMMARY: The Environmental Protection Agency (EPA) Region 9 announces
its intent to delete the Coalinga Asbestos Mine 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 Department of Toxic
Substances Control have determined that all appropriate CERCLA response
actions have been implemented and that no further cleanup by
responsible parties is appropriate. Moreover, EPA and the State have
determined that remedial activities conducted at the site to date have
been protective of public health, welfare, and the environment.
DATES: Comments concerning the proposed deletion of this Site from the
[[Page 61716]]
NPL may be submitted by December 19, 1997.
ADDRESSES: Comments may be mailed to: Keith Takata, Director, Superfund
Programs, U.S. Environmental Protection Agency, 75 Hawthorne Street,
San Francisco, CA 94105.
Comprehensive information on this site is available through the EPA
Region 9 public docket which is located at EPA Region 9's Superfund
Records Center, at the address above, and is available for viewing
between 8 a.m. and 5 p.m., Monday through Friday, excluding holidays.
Additional information on the Coalinga Asbestos Mine Site is also
available for viewing at the site repository located at: City of
Coalinga Public Library, 305 North Fourth Street, Coalinga, CA 93210,
(209) 935-1676.
FOR FURTHER INFORMATION CONTACT: Richard Procunier, U.S. Environmental
Protection Agency Region 9, 75 Hawthorne Street, San Francisco, CA
94105, (415) 744-2219.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis of Intended Site Deletion
I. Introduction
The Environmental Protection Agency (EPA) Region 9 announces its
intent to delete the Coalinga Asbestos Mine Site (EPA ID#
CAD980817217), Coalinga, California, from the National Priorities List
(NPL), Appendix B of the National Oil and Hazardous Substances
Pollution Contingency Plan (NCP), 40 CFR Part 300, and requests
comments on this deletion. 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. As described in 40 CFR
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible
for remedial actions in the unlikely event that conditions at the site
warrant such action.
EPA will accept comments on the proposal to delete this site for
thirty days after publication of this notice in the Federal Register.
Section II of this notice explains the criteria for deleting sites
from the NPL. Section III discusses procedures that EPA is using for
this action. Section IV discusses the Coalinga Asbestos Mine Site and
explains how the site meets the deletion criteria.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that sites may be deleted
from, or recategorized on, the NPL when no further response is
appropriate. In making a determination to delete a site 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; or
(ii) All appropriate 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.
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 unrestricted 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.
The Coalinga Asbestos Mine Site has two operable units: the City of
Coalinga Operable Unit (City Unit) and the Coalinga Mine Site/ Johns-
Manville Mill Operable Unit (JM Unit). The first five-year review for
the City Unit was completed in April 1996. The first five-year review
for the JM Unit is expected to be completed in late 1997. If new
information becomes available which indicates a need for further
action, EPA may initiate remedial actions. Wherever 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. Deletion Procedures
The following procedures were used for the proposed deletion of
this Site: (1) EPA Region 9 has recommended deletion and has prepared
the relevant documents; (2) the State of California has concurred with
the proposed deletion decision; (3) a notice has been published in the
local newspaper 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 for public review in the local Site information repository.
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 document, 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.
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, if one is prepared, will be made
available to interested parties by the Regional Office.
IV. Basis for Intended Site Deletion
A. Unit Background
City Unit
The City of Coalinga Unit is privately owned and consists of
approximately 107 acres of land situated between 4th Street and the
intersection of Lucille Avenue and Highway 198 at the southwestern end
of the City of Coalinga, Fresno County, California. The nearest
population center is Coalinga (approximate population of 9850), located
immediately to the northeast. The surrounding area is mixed use,
consisting of industrial, agricultural, commercial and residential
properties.
JM Unit
The JM Unit is a privately owned, 120-acre tract of land located in
upper Pine Canyon on the southern flank of the Joaquin Ridge in the
Diablo Range, western Fresno County, California. It is located
approximately \1/2\ mile down slope from the New Idria Formation, a 48-
square mile outcrop margin of naturally occurring chrysotile asbestos.
The nearest population center is Coalinga located about 16 miles to the
southeast. Areas adjacent to the JM Unit are rural; land uses include
mining, ranching, farming and recreation (camping, hunting, hiking,
mineral collecting, and riding off-highway vehicles).
B. Site History
City Unit
The Southern Pacific Railroad property within the original 107-acre
City Unit consisted partly of a portion of the original operating
right-of-way acquired by Southern Pacific Railroad
[[Page 61717]]
Company (a predecessor of Southern Pacific Transportation Company)
pursuant to the July 27, 1866 Act of Congress, and partly of ancillary
lands acquired pursuant to the same Act patented July 10, 1894. During
Southern Pacific's ownership, several properties were leased to various
entities which were active in the milling, manufacture, storage and/or
transportation of asbestos materials from the mid-1950's until
approximately 1980.
JM Unit
The Southern Pacific Railroad acquired the property on which the JM
Unit is located as part of a land grant under the 1871 Railway Act. In
the mid-1950's researchers discovered that chrysotile asbestos from the
New Idria Formation could be milled to yield a marketable short-fiber
asbestos product. The Southern Pacific Land Company (SPLC) leased the
JM Unit for a period of 25 years to the Coalinga Asbestos Company
beginning about 1956. This joint venture, which was comprised of the
Johns-Manville Corporation, Kern County Land Company, and private
investors, operated an asbestos ore processing mill at the JM Unit from
approximately 1962 through mid-1974. During this period, ore was
processed from several nearby open pit mines, including the Jensen Mine
and the Christy Pit. In November 1975, the Coalinga Asbestos Company
assigned the lease to the Marmac Resource Company/Mareco, which used
the property to conduct a chromite milling operation. Although all
milling operations were believed to have ceased in October 1977, Marmac
retained the lease until July 31, 1981. The current owner of the JM
Unit is Pine Canyon Land Company, successor-in-interest to SPLC.
C. Site Discovery
In 1980, the Metropolitan Water District (MWD) of Southern
California detected asbestos in water samples from the California
Aqueduct. An extensive sampling program conducted along the Aqueduct in
August and September of 1980 suggested that the area in which the JM
Unit was located was, in part, a possible source of asbestos into the
California Aqueduct. In addition, EPA sampled mill tailings at the JM
Unit; analytical results obtained from using polarized light microscopy
showed the tailings contained 20% to 40% asbestos.
During investigation of the Coalinga Asbestos Mine site and the
nearby Atlas Mine site, EPA conducted an airborne asbestos sampling
program in which high asbestos readings were measured in the City of
Coalinga. Further investigation revealed that asbestos had been
transported from the mines and mills to storage areas within the City
of Coalinga for handling and shipment. Soil sampling confirmed the
presence of uncontrolled hot spots of asbestos and nickel contamination
over a 107-acre area in the City of Coalinga.
The Site became the City of Coalinga Operable Unit of the Atlas
Mine Site and the Johns-Manville Coalinga Asbestos Mill Site. It was
divided into four areas: the Marmac Warehouse, the Storage Yard, the
Atlas Shipping Yard, and the U.S. Asbestos Company. The northern end of
the 107-acre site was connected to the Atlas Mine Site, while the
southern end was connected to the Johns-Manville Mill Site. Although
the cleanup could have proceeded as two separate Operable Units, EPA
decided to combine it into one site cleanup, designated an operable
unit for each of the two NPL Sites.
Risks posed by the JM Unit were evaluated using the Hazard Ranking
System on June 14, 1983 and the JM Unit (designated the Coalinga
Asbestos Mine Site) was proposed for placement on the National
Priorities List on September 8, 1983. It was finalized on the NPL on
September 21, 1984.
D. Remedial Investigation/Feasibility Study
City Unit
In August 1987, EPA issued an administrative order pursuant to
CERCLA section 106 (Order 87-04) to Southern Pacific Transportation
Company (SPTC) requiring it to conduct a Remedial Investigation at the
City of Coalinga site. Soil sampling confirmed the presence of
uncontrolled hot spots of asbestos and nickel contamination over a 107-
acre area in the City of Coalinga. EPA ordered SPTC to prepare an
Operable Unit Feasibility Study (OUFS) to develop and evaluate remedial
alternatives for the site, which became the City of Coalinga Operable
Unit of both the Coalinga Asbestos Mine Site and the Atlas Mine Site.
At the City of Coalinga Unit, Remedial Investigation/Feasibility
Study (RI/FS) activities commenced in 1987 with the implementation of
the Hazardous Substance Containment Plan and were completed in December
1988 with the completion of the FS. Implementation of the Hazardous
Substance Containment Plan provided measures to initially stabilize the
areas where asbestos had been documented by EPA. These measures
included fencing and posting, dust suppression, and stabilization of
building structures. Subsequently, a site sampling program was
undertaken to characterize the extent of asbestos present in soils in
the area. In addition to soil sampling, air samples and groundwater
samples were collected.
Upon completion of the site characterization, the FS was performed
to evaluate remedial alternatives for the site. The FS evaluated a
number of remedial alternatives for handling contaminated soils
including no action, fencing, capping, soil stabilization, on-site
disposal, chemical fixation, and off-site disposal. Onsite disposal of
soils containing asbestos in an engineered waste management unit was
the selected alternative.
JM Unit
At the JM Unit, RI/FS activities were initiated in 1985 and
completed in 1990. The RI described site characterization activities
and technical analyses, which included soil and surface water sampling,
hydrologic and sediment transport modeling, geologic mapping, an
ecological assessment and a cultural resources investigation. The
location and configuration of asbestos-containing materials at the JM
Unit were assessed using aerial photographs, field observations, and
the collection and analysis of samples obtained from surface materials,
exploratory borings, pits, and trenches. Geotechnical investigation
activities included slope stability analyses, seismic engineering
evaluations, and testing of site materials for permeability, moisture
content, density, shear strength, and Atterberg Limits. A detailed off-
site source characterization study was also performed.
E. ROD Findings and Remedial Activities
City Unit
After consideration of public comments, EPA issued a Record of
Decision (ROD) for the City Unit on July 19, 1989. The ROD required the
collection and on-site disposal of all asbestos ore waste and other
mining waste material; decontamination of all buildings, structures and
other equipment; regrading of excavated areas with clean material
(containing less than or equal to one percent asbestos by Phased Light
Microscopy (PLM)); a deed restriction on the area where the waste
management unit would be constructed and maintained; and a long term
operation and maintenance program to maintain the integrity of the
waste management unit. Southern Pacific agreed to implement the
selected remedy as defined in the ROD by entering into a Consent Decree
with the EPA on July 27, 1989. The design report
[[Page 61718]]
presenting the technical specifications for the construction of the on-
site asbestos waste management unit was approved by EPA on October 5,
1989.
Remedial action consisted of excavation of soils in areas where the
site characterization study indicated the presence of asbestos greater
than 1% by PLM. The soils were consolidated in an on-site waste
management unit with a final capacity of 26,200 cubic yards. In
addition, asbestos-containing materials within building structures such
as transite panels, mining ore, and other debris were removed to the
waste management unit. The building structures were then pressure
washed. Excavated areas and buildings were sampled to verify that the
action levels had been met. The excavated areas were regraded for
proper drainage. The remedy was certified to be operational and
functional as specified in the ROD and Consent Decree by the resident
engineer supervising the work. The areas previously defined as
contaminated were certified to be below the EPA cleanup level. Remedial
construction activities commenced in June of 1990 and were completed in
January 1992. EPA issued its certificate of completion in April 1992.
Homes and a large retail store have been built on formerly contaminated
land.
JM Unit
After consideration of public comments, EPA issued a Record of
Decision (ROD) for the JM Unit on September 21, 1990. The remedial
action selected in the ROD addressed the problem of the asbestos ore
and asbestos mill tailings at the JM Unit in the context of a remote
and largely rural area that is close to large amounts of naturally
occurring asbestos. The ROD required grading of asbestos tailings;
construction of a stream diversion to channel surface water away from
the tailings pile; improvements to an existing sediment trapping dam;
restricted access to disturbed areas within the mill area; a
revegetation pilot study and revegetation if technically feasible;
dismantling of an abandoned mill; improvements to the road through the
Mill Area to suppress dust; a deed restriction to ensure preservation
of the remedy; and visual inspections of the remedy. The responsible
parties for the JM Unit agreed to implement the selected remedy as
defined in the ROD by entering into a Consent Decree with the EPA on
August 11, 1992.
A Remedial Design Work Plan (RDWP) for the JM Unit was submitted to
EPA on February 25, 1993, which provided the overall management
strategy for performing the design, construction, operation and
maintenance, and monitoring of the remedial action. The RDWP was
approved by EPA on April 1, 1993. Other submittals approved by EPA
included the 30% Design Package, the 90% Design Package, and the Final
Design Package.
Remedial action at the JM Unit consisted of mill dismantling;
regrading the tailings pile; cross-canyon stream diversion;
improvements to an existing sediment trapping dam; access restrictions;
deed restrictions; revegetation pilot study; revegetation and paving
the access road. The remedy has been certified to be operational by the
Supervising Engineer and is in compliance with the Consent Decree, the
ROD, the approved final Remedial Design, the NCP, and ARARs. At the JM
Unit, remedial action was started on May 17, 1993 and was completed
prior to the pre-final inspection on April 28, 1994.
F. Community Relations Activities
Commencing in June 1987, EPA personnel met periodically with
members of the Coalinga City Council. Several different persons
designated by the City to be the Council's contact with EPA were kept
informed about the investigation status. The Operable Unit Feasibility
Study (OUFS) report was released for public comment on February 9,
1989. This document along with other site reports and the
administrative record were made available to the public at an
information repository established at the City of Coalinga Public
Library.
The public comment period commenced on February 9, 1989 and closed
on March 24, 1989. A public meeting was held on February 22, 1989 at
the City Council Chambers. Prior to the beginning of the public comment
period, EPA published a notice in the Fresno Bee and the Coalinga
Weekly Courier. The notice briefly described the proposed plan and
announced the public comment period and the public meeting. The notice
also announced the availability of the proposed plan and the OUFS for
review at the information repository. A fact sheet describing the
proposed plan was delivered to the information repository. Copies of
the fact sheet were mailed to the EPA general mailing list for the
Atlas Mine and Johns-Manville Coalinga Mill Sites, which included
approximately 300 members of the general public, elected officials and
media representatives.
In July 1992 EPA issued Fact Sheets which were mailed to the
general mailing list giving an update on clean-up activities in the
Coalinga Area, including the Atlas and Coalinga Asbestos Mines and the
City of Coalinga Superfund sites. In June 1993, a newspaper
advertisement was placed in the Coalinga Record to notify nearby
residents of the initiation of remedial activities at the JM Unit and
to collect names and addresses of parties interested in being placed on
a mailing list for future information. Postage-paid, pre-addressed
response cards were also sent to residents near the JM Unit to
determine if the residents wished to be placed on the mailing list. In
March 1997, EPA issued another Fact Sheet to the general mailing list.
G. Summary of Operation and Maintenance
Long-term operation and maintenance at each Unit is being performed
under the direction of the relevant responsible party and oversight by
the California Department of Toxic Substances Control. O&M activities
for the City Unit currently include annual inspections for cap
integrity, surface water ponding, fence integrity and repairs as
necessary. There is also a provision for specific monitoring in the
event of a natural disaster (100 year flood, catastrophic earthquake).
The Operations and Maintenance Plan for the JM Unit is Appendix G of
the Remedial Action Completion Report, dated January 10, 1995. O&M
activities for the JM Unit include inspection of engineering systems,
sediment removal, gate control, repairs, and reporting. There is also a
provision for specific monitoring in the event of heavy rainfall or
seismic activity of magnitude 5 or greater within 50 miles of the Site
and a site caretaker. O&M activities for both Units are being conducted
in accordance with the O&M Plans.
H. Protectiveness
The implemented remedies achieved the degree of cleanup and
protection as described in the RODs for all pathways of exposure and no
further Superfund response is needed to protect human health and the
environment. Both units at the Site meet all the site completion
requirements as specified in OSWER Directive 9320.2-09, Close-Out
Procedures for National Priorities List Sites (Interim Final), August
1995. Long term operation and maintenance will be required to insure
the integrity of controls constructed during the remedial actions. The
remediation implemented at each Unit does not require any operational
activities because of its permanent nature. Inspection activities,
however, will be conducted. For the City Unit, maintenance activities
may be required
[[Page 61719]]
for the cap and fence; for the JM Unit, maintenance activities may be
required for stream diversions and sediment retention structures. For
the City Unit, a deed restriction was recorded with the Recorder's
Office, Fresno County, California, on June 22, 1990 which prohibited
anyone in possession of the property from taking any actions that would
interfere with the maintenance and operation of the waste management
unit to be constructed pursuant to the Consent Decree. This deed
restriction was amended upon completion of the remedial action to
illustrate the exact placement and dimensions of the constructed waste
management unit. For the JM Unit, a deed restriction recorded with the
Recorder's Office, Fresno County, California, on July 2, 1993,
prohibits anyone in possession of the property from taking actions that
would interfere with the implementation of the remedy. Pursuant to
CERCLA 121 and as provided in OSWER Directive
9355.7-02, Structure and Components of Five-Year Reviews, May 23, 1991,
OSWER Directive 9355.702A, Supplemental Five-Year Review Guidance, July
26, 1994, and Second Supplemental Five-Year Review Guidance, December
21, 1996, EPA must conduct a statutory five-year review.
One of the three criteria for deletion specified 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 California Department of Toxic Substances
Control, believes that this criterion for deletion has been met.
Consequently, EPA is proposing deletion of this Site from the NPL.
Documents supporting this action are available at the EPA Region 9 NPL
docket.
Dated: November 11, 1997.
Felicia Marcus,
Regional Administrator, Region 9.
[FR Doc. 97-30380 Filed 11-18-97; 8:45 am]
BILLING CODE 6560-50-P
