[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<SUP><greek-l></SUP> 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