National Oil and Hazardous Substances; Pollution Contingency Plan; National Priorities List

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

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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

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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