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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-6128-3]

National Oil and Hazardous Substances Pollution Contingency Plan;

National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the McColl site from the National

Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 9 announces

the intent to delete the McColl 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 Department of Toxic

Substances Control (DTSC) have determined that the remedial action for

the site has been successfully executed.

DATES: Comments on this site may be submitted to EPA on or before

August 24, 1998.

ADDRESSES: Comments may be mailed to: Keith Takata, Director, Superfund

Division, U.S. Environmental Protection Agency, Region 9, 75 Hawthorne

Street, Mailstop SFD, San Francisco, CA 94105.

Comprehensive information on this site is available through the

Region 9 public docket, which is available for viewing by appointment

only. Appointments for copies of the background information from the

Regional public docket should be directed to the EPA Regional 9 docket

office at the following address: SUPERFUND Records Center, U.S.

Environmental Protection Agency, Region 9, 95 Hawthorne Street, Suite

403S, San Francisco, CA 94105-3901 (415) 536-2000.

The deletion docket is also available for viewing at the following

location: Fullerton Public Library, Local History Room, 353 W.

Commonwealth Avenue, Fullerton, CA 92633, (714) 738-6333.

FOR FURTHER INFORMATION CONTACT: Patti Collins, U.S. Environmental

Protection Agency, Region 9, 75 Hawthorne Street, Mailstop SFD-7-3, San

Francisco, CA 94105, (415) 744-2229.

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 McColl site in Orange 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 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 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 California Department of Toxic Substances Control (DTSC) 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 McColl 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:

Responsible parties or other parties have implemented all

appropriate actions required; All appropriate responses under CERCLA

have been implemented, and no further action by responsible parties

is appropriate; or

The remedial investigation has shown that the release poses no

significant threat to public health or the environment and,

therefore, taking 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 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 at any time, 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 form the

NPL, the site may be restored to the NPL without application of the

Hazardous Ranking System.

In the case of this site, the selected remedy is protective of

human health and the environment. The responsible parties are currently

and will continue to perform operation and maintenance of the site,

with the oversight of EPA. EPA will conduct the first five-year review

of the final remedy in 2001, and will also perform future five-year

reviews.

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) DTSC has

concurred with the proposed deletion decision; (3) a document 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 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

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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.

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

document in the Federal Register. Generally, the NPL will reflect

deletions in the final update following the document. The Regional

Office will make public notices and copies of the Responsiveness

Summary available to local residents.

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.

A. Site Background and History

The twenty-two acre McColl site (the site) is located in Fullerton,

Orange County, California, approximately 25 miles southeast of Los

Angeles. Housing developments border the site to the east and south.

Developed but open areas of a golf course and a regional park border

the site to the west. An oil field occupies an open area to the north.

One parcel of the site is referred to as ``The Ramparts'' and the

other the ``Los Coyotes'' area. The Ramparts area contains six sumps,

referred to as sumps R-1 through R-6. The Los Coyotes area also

contains six sumps, referred to as sumps L-1 through L-6. From 1942

through 1946, approximately 72,600 cubic yards of waste sludge was

placed in the 12 Ramparts and Los Coyotes sumps. In an attempt to

mitigate site odors during the 1950s and early 1960s, three sumps (R-1,

R-2, and R-4) in the Ramparts area were covered with drilling mud.

Additional arsenic-containing waste of an unknown date and origin was

later placed in Ramparts sump R-1. Additional soil cover was placed

over the sumps in the Ramparts area in September 1983. The Los Coyotes

sumps were covered with natural fill materials during the construction

of the Los Coyotes Country Club golf course in the late 1950s.

In 1980, Congress enacted the Comprehensive Environmental Response,

Compensation, and Liability Act, 42 U.S.C. 9601, et seq. (CERCLA), in

response to the dangers of uncontrolled or abandoned hazardous waste

sites. To implement CERCLA, the EPA promulgated on July 16, 1982 the

National Oil and Hazardous Substances Pollution Contingency Plan (NCP),

40 CFR part 300. Section 105(a)(8)(A) of CERCLA requires that the NCP

include criteria for ``determining priorities among releases or

threatened releases throughout the United States for the purposes of

taking remedial action and, to the extent practicable taking into

account the potential urgency of such action.'' Section 105(a)(8)(B) of

CERCLA requires those criteria be used to prepare a list of national

priorities among the known releases or threatened releases of hazardous

substances, pollutants, or contaminants throughout the United States.

The list, which is Appendix B of the NCP and revised annually, is the

National Priorities List (NPL). The Hazard Ranking System (HRS) which

EPA promulgated as Appendix A of the NCP is the principal tool upon

which the EPA relies to determine the priority sites for possible

remedial actions under CERCLA. Based on the HRS, the McColl site was

added to the NPL in September 1982. The basis for deletion of a site

from the NPL is stated in the NCP (40 CFR 300.425(e)).

B. Waste Material in the Sumps

The waste material contained within the sumps occurs as distinct

types of materials, segregated by depth. These types are considered

distinct based on their physical characteristics. The largest portion

of the waste consists of a hard organic waste material (char) that

occurs mainly in the bottom layer of all sumps. In the middle of the

sumps is the tar waste (soft material), however the location of the tar

within the sumps is quite variable. The upper portion of the sumps is

comprised of varying thickness of soil or a combination of soil and

drilling mud. There are an estimated 100,000 cubic yards of waste and

contaminated materials at the site. The waste has a pH of less than 2

and contains various organic compounds including benzene, toluene and

xylene, inorganic chemicals including arsenic and chromium, and sulfur

compounds including sulfur dioxide. The risk assessment identified

sulfur dioxide, benzene, and arsenic as the primary chemicals of

concern. Prior to implementation of the remedy, releases of the wastes

through the soil cover and onto the surface of the ground had been

regularly observed on the sump surfaces. No significant removal actions

were taken at the site.

To fully study and undertake response activities, EPA divided the

site into two operable units. The operable units were designated to

address the sump areas (i.e., source areas) and the groundwater.

Following a remedial investigation and feasibility study conducted by

the McColl Site Group oil companies, EPA proposed in 1984 an excavation

and redisposal remedy to address the source areas. The State of

California was designated the lead agency for the site but was later

enjoined by a state court from implementing the remedy. EPA undertook

additional feasibility study work at the site, and, having assumed the

lead in 1989, proposed a waste excavation and incineration remedy.

Following public comment and field testing on the proposed incineration

remedy, EPA reevaluated remedial alternatives. In August 1992, pursuant

to section 117 of CERCLA, 42 U.S.C. 9617, EPA published its updated

feasibility study, called the Supplemental Reevaluation of Alternatives

II, and issued a proposed plan identifying soft-material solidification

as the preferred remedy for the material in the sumps. This proposed

plan also identified installation of a Resource Conservation and

Recovery Act (RCRA) equivalent closure system as a contingency remedy

in the event that soft-material solidification was determined not to be

feasible. The requirements of the contingency remedy for the source

area operable unit are embodied in the Source ROD executed on June 30,

1993. On September 28, 1995 EPA, following extensive performance

testing of soft-material solidification, concluded that this technology

was not feasible, and selected the contingency remedy of a RCRA

equivalent closure.

C. Groundwater

From September 1993 to April 1996, the McColl Site Group oil

companies, under EPA's oversight, undertook a Remedial Investigation

and Feasibility Study (``RI/FS'') for the groundwater operable unit,

pursuant to CERCLA and the National Contingency Plan, 40 CFR part 300.

Low levels of site-related contamination were detected in an isolated,

intermittently present, perched, shallow groundwater zone. Due to the

intermittent nature and low yield of this perched zone, it was

concluded that it would not yield a reliable quantity of water to

sustain a domestic water supply. Groundwater use in the area was

investigated and it was found that a regional aquifer located at a

depth 200 feet greater than the perched zone is used as drinking water

source by the City of Fullerton. No site-related contaminants have been

detected in the regional aquifer or in drinking water wells. EPA

published notice of the completion of the Feasibility Study Report,

Groundwater

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Operable Unit and of the proposed plan for remedial action on February

15, 1996, and provided opportunity for public comment on the proposed

remedial action. EPA selected infiltration controls with long-term

monitoring of the groundwater as a preventive measure. The specific

requirements are described in the Groundwater ROD executed on May 15,

1996.

D. Response Actions

The contingency remedy selected by EPA required that a RCRA

equivalent closure be implemented. As defined in the Source OU and

Groundwater OU ROD, the primary remedial objectives for the McColl site

are: long-term isolation of the waste material; minimization of

infiltration of rain water into the waste; control of any gases emitted

from the wastes; control of surface water infiltration into the waste;

and provision of adequate bearing capacity for the end use of the site.

To meet the remedial objectives, the design of cover system was

based on RCRA-equivalency for a landfill closure cap, which includes,

at a minimum, from bottom to top: a low hydraulic conductivity

geomembrane/soil layer with a maximum hydraulic conductivity of 1 x

10-7 cm/sec; a drainage layer with a minimum hydraulic

conductivity of 1 x 10-2cm/sec; and a top vegetative/soil

layer of a minimum 24 inches thickness graded to a slope between 3 and

5 percent.

As part of the waste containment system, a subsurface vertical

slurry cut-off wall was designed to control lateral liquid and gas

migration. A design criterion was established at a maximum saturated

hydraulic conductivity of less than 1 x 10-7 cm/sec for

the cut-off wall barrier. A gas collection and treatment system was

also designed to collect and treat the gas from the contained waste

sumps.

The remedial construction activities were initiated by the McColl

Site Group of oil companies, in July 1996 and completed in November

1997. The construction activities included the construction of two

separate slurry cutoff walls surrounding each group of sumps, at Los

Coyotes and Ramparts. The RCRA-equivalent cover system was constructed

over each of the two sump areas and is tied into the cutoff walls. The

primary functions of the cover system are to control infiltration of

surface water, collect any gas migrating from the sumps, and contain

and restrain any vertical migration of mobile waste and waste by-

products. The cover also serves as a barrier to mechanical or intrusion

by animals or plants and provides a tensile-reinforced layer to

withstand differential settlement and enhance bearing capacity. Within

the cover system, perforated gas collection piping was installed and

connected to two separate valve boxes that are connected to a gas

treatment system. The gas treatment system is comprised of a blower

that induces the flow of atmospheric air into the gas collection piping

and reinforced sand layer immediately above the sump foundation. Air is

swept across the sand layer with the collected gases into carbon

adsorption vessels, treated. Then the clean air is vented to the

atmosphere. The control the infiltration of surface water infiltration

was implemented as part of the groundwater remedy, including:

redirecting and managing of surface water coming on to and off of the

site; grading of areas adjacent to the closure containment system to

control water flow, and lining of onsite drainage channels with low

permeability materials.

An additional feature of the McColl site remedy was restoration of

the golf course. The restored golf course was constructed over the Los

Coyotes and Upper Ramparts sumps. The Lower Ramparts was planted as

open space outside the golf course area of play. The design and

construction of the golf course included grading to control surface

water drainage as specified in the Groundwater ROD.

During the remedy construction at the site, continuous, daily

oversight was provided by the US Army Corps of Engineers (USACE)

through an Interagency Agreement with EPA. USACE personnel closely

monitored construction activities to insure compliance with the RODs,

design plans, workplans, and construction Quality Control and Quality

Assurance requirements.

EPA and the California Department of Toxic Substances Control

conducted a final site inspection of the McColl site on November 13,

1997. EPA has determined that the responsible parties for both OUs,

constructed the remedies in accordance with the approved remedial

design plans and specifications and that the remedial actions had been

successfully executed.

The remedy constructed at the McColl site is consistent with the

objectives of the NCP and will provide protection to human health and

the environment using an engineered waste containment system.

Operations and maintenance for the remedy will be necessary, in

perpetuity. It will include monitoring and maintenance of the cap and

cut-off wall, site security, and routine site maintenance.

E. Operations and Maintenance

The Operations and Maintenance (O&M) activities consist of routine

inspections, surveys, routine maintenance, monitoring, security and any

necessary repairs. With the exception of operation and maintenance of

the Gas Collection and Treatment System and groundwater monitoring, all

long-term O&M activities at the site are and will continue to be

performed by McAuley LCX Corporation, the owner of the restored golf

course. The McColl Site Group of oil companies is and will continue to

be responsible for the long-term O&M requirements associated with the

Gas Collection and Treatment System and semi-annual groundwater

monitoring. All O&M activities are being conducted with oversight from

EPA.

Inspections are routinely undertaken to visually observe the

components of the remediated site. Examples of components visually

inspected include site fencing and signage, groundwater monitoring

wells, gas collection system and vents, irrigation systems, drainage

systems, and the surface of the caps and subsurface barrier walls.

Surveys are conducted to monitor settlement within the cover system.

These survey results will be used to determine the need for any repairs

due to subsidence or other structural disturbances in the cover system.

Routine maintenance is performed on the landscaping to prevent

erosion of the cover system, the reinforced earth structures, and site

slopes. Routine maintenance is also performed on the Gas Collection

Treatment System to maintain adequate carbon adsorption capacities and

prevent condensation build-up, on the site drainage systems to prevent

interruptions of surface water runoff control, and on the groundwater

monitoring system to insure optimum performance of groundwater pumps.

As part of Operation and Maintenance requirements, a comprehensive

long-term monitoring program has been established to verify continued

compliance with the remedial action objectives. The Operations and

Maintenance program consists of the following elements:

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Remedial action objectives Routine monitoring elements

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Long-term isolation of waste Cover System Inspections.

materials.

Cover System Settlement Inspections.

Reinforced Earth Structure Inspections.

Monument Survey Records.

Minimization of infiltration of rain Groundwater Monitoring.

water into waste.

Cover System Inspections.

Control of any gases emitted from Gas Flow Indicator Monitoring.

the waste.

Gas Perimeter Probe Monitoring System and Testing.

Carbon Adsorber Exhaust Monitoring.

Carbon Changeout/Servicing.

Provision of adequate bearing Routine Cover System Inspections. Surface Water Drainage System

capacity for the end use of the Inspections.

site.

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In addition to these requirments, the golf course maintenance staff

performs daily inspections of the remediated site as part of the normal

golf course operations.

Data generated from ongoing operations and maintenance activities,

which include monument and settlement surveys, inspections of the cover

containment system, operation of the gas collection and treatment

system, and the surface water drainage controls indicate that the

remedy is functioning as designed.

Under the Interim Groundwater Monitoring Program (IGMP), semi-

annual groundwater monitoring is being conducted to evaluate the

effectiveness of the infiltration controls constructed as part of the

integrated source and groundwater remedy. Eleven groundwater wells are

currently monitored in accordance with the requirements of Groundwater

OU ROD. These monitoring requirements include: (1) water level

measurements; (2) sampling and analysis of groundwater chemistry; (3)

quality assurance review of analytical results; (4) review of chemical

results; and (5) preparation of a semi-annual groundwater monitoring

report for EPA review. The IGMP will continue for a period of five

years after remedy construction completion. Following this 5-year

period, the IGMP will be reviewed and a Final Groundwater Monitoring

Program will be established.

F. Five-Year Review

Section 121(c) of CERCLA requires that EPA review, no less often

than every five years, any remedial action selected that results in any

hazardous substances, pollutants, or contaminants remaining at the

site. Five-year reviews will be conducted for each OU pursuant to OSWER

Directive 9355.7-02, Structure and Components of Five-Year Reviews to

document the effectiveness of the controls. The first five-year review

for the site is scheduled for July 2001.

G. Community Involvement

The site initially was brought to the attention of the regulatory

agencies as a result of odor and health complaints received from

residents beginning in July 1978. Community concern increased gradually

through 1980. Due to the increasing community concerns, DTSC organized

a public hearing in the fall of 1980. Peter Weiner, the Governor's

special assistant on Toxic Substances Control, chaired the hearing and

a panel of state agency representatives also participated.

Individual members of the community continued to be involved in

discussions and decisions related to the site through 1984, when EPA

and DTSC announced that the site would be remediated using the

excavation and redisposal alternative. Community comments received at

the first public hearing indicated strong community support for this

decision. Following the state court injunction blocking the state from

implementing the remedy, some community members expressed increasing

frustration at delays in the clean-up process. This frustration led to

the formation of the McColl Action Group. This neighborhood committee

participated actively in decisions related to the site from 1985

through 1991. EPA and DTSC often were invited to make presentations to

the group. The group disbanded in 1991. Another community group was

formed in 1991, the Fullerton Hills Community Association. This group

has had input into site-related decisions from the time of its

formation through the final remedy construction.

Starting in 1986 and through remedial construction activities, EPA

and DTSC have held regular meetings with the Interagency Committee,

comprised of several local agencies and elected officials. These

agencies consist of the City of Fullerton, South Coast Air Quality

Management District, City of Buena Park, Orange County Environmental

Health, and California Regional Water Quality Control Board, California

Department of Health Services' Drinking Water Branch, and California

Environmental Protection Agency's Office of Environmental Health Hazard

Assessment. The elected officials include the 39th Congressional

District (formerly held by Representative Dannemeyer and currently held

by Representative Edward Royce). All elected officials in the area

remain on the mailing list for the site, and receive all information

related to site activities.

Community participation has continued to be important in the

decision-making process over the last several years. Throughout

remedial construction, EPA and the McColl Site Group conducted a

variety of community relations activities in accordance with the McColl

Site Community Relations Plan. These activities have included public

meetings, small group meetings, regular fact sheet mailings to

community members, informational ``lemonade stands'', maintenance of a

toll-free information line, on-site open houses, and regular contact

with the media to provide information.

EPA will continue to work closely with the community throughout the

ongoing operation and maintenance period to keep residents informed

about the status of the constructed remedy. EPA will also continue to

monitor community interests and concerns, and will conduct community

involvement activities as needed to address those concerns.

H. Applicable Deletion Criteria

As specified under Sec. 300.425(e)(1) of the NCP, if EPA, in

consultation with the state, determines that any of the three criteria

for site deletion has been met, then the site is considered eligible

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for deletion from the NPL. In the case of the McColl site, EPA believes

that the following criteria for site deletion has been met:

All appropriate response under CERCLA has been implemented, and no

further action by the responsible parties is appropriate.

EPA, with the concurrence of DTSC, believes that this criterion for

deletion have been met. Subsequently, EPA is proposing deletion of this

site from the NPL. Documents supporting this action are available from

the docket.

I. State Concurrence

The California Department of Toxic Substances Control concurs with

the proposed deletion of the McColl Superfund site from the NPL.

Dated: July 16, 1998.

Keith A. Takata,

Acting Regional Administrator, Region 9.

[FR Doc. 98-19653 Filed 7-22-98; 8:45 am]

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