98-32989. National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List  

  • [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 [email protected] 
    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 [email protected] 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]
    BILLING CODE 6560-50-P
    
    
    

Document Information

Published:
12/15/1998
Department:
Environmental Protection Agency
Entry Type:
Proposed Rule
Action:
Notice of intent for partial deletion of the Treasure Island Naval Station--Hunters Point Annex Site from the National Priorities List (NPL).
Document Number:
98-32989
Dates:
Comments concerning this site may be submitted on or before January 14, 1999.
Pages:
69032-69034 (3 pages)
Docket Numbers:
FRL-6200-8
PDF File:
98-32989.pdf
CFR: (1)
40 CFR 300