[Federal Register Volume 84, Number 117 (Tuesday, June 18, 2019)]
[Proposed Rules]
[Pages 28259-28263]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-12771]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9995-25-Region 9]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the MGM Brakes Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 9 is issuing 
a Notice of Intent to Delete MGM Brakes Superfund Site (Site) located 
in Cloverdale, Sonoma County, California, from the National Priorities 
List (NPL) and requests public comments on this proposed action. The 
NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is an appendix of the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP). The EPA and the State of 
California, through the Department of Toxic Substances Control, have 
determined that all appropriate response actions under CERCLA have been 
completed. However, this deletion does not preclude future actions 
under Superfund.

[[Page 28260]]


DATES: Comments must be received by July 18, 2019.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, by one of the following methods:
     http://www.regulations.gov Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
     Email: trombadore.olivia@epa.gov.
     Mail: Olivia Trombadore, Remedial Project Manager, U.S. 
Environmental Protection Agency, Region 9, SFD-9-2, 75 Hawthorne St., 
San Francisco, CA, 94105, (415) 972-3973.
     Hand delivery: Olivia Trombadore, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 9, SFD-9-2, 75 
Hawthorne St., San Francisco, CA, 94105, (415) 972-3973. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1983-0002. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or email. The http://www.regulations.gov website is 
an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through http://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at:

U.S. Environmental Protection Agency, Region 9, Regional Records 
Center, 75 Hawthorne Street, Room 3110, San Francisco, CA 94105, (415) 
947-8717, Monday-Thursday: 9:00 a.m.-12:00 p.m., 1:00 p.m.-4:00 p.m.

Or:

Sonoma County Library, Headquarters, 6135 State Farm Drive, Rohnert 
Park, California, (707) 545-0831, Call for hours of operation.

FOR FURTHER INFORMATION CONTACT: Olivia Trombadore, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 9, SFD-9-2, 75 
Hawthorne St., San Francisco, CA, 94105, (415) 972-3973, 
trombadore.olivia@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion

I. Introduction

    EPA Region 9 announces its intent to delete the MGM Brakes 
Superfund 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 maintains the NPL 
as the list of sites that appear to present a significant risk to 
public health, welfare, or the environment. Sites on the NPL may be the 
subject of remedial actions financed by the Hazardous Substance 
Superfund (Fund). As described in 40 CFR 300.425(e)(3) of the NCP, 
sites deleted from the NPL remain eligible for Fund-financed remedial 
actions if future conditions warrant such actions.
    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 procedures that EPA is using 
for this action. Section IV discusses the MGM Brakes Superfund Site and 
demonstrates how it meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been 
implemented, and no further response 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, 
the taking of remedial measures is not appropriate.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the State before developing this Notice of 
Intent to Delete.
    (2) EPA has provided the state 30 working days for review of this 
notice prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate.

[[Page 28261]]

    (4) The State of California, through the Department of Toxic 
Substances Control, has concurred with deletion of the Site from the 
NPL.
    (5) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, a notice is being published in a major 
local newspaper, The Coverdale Reveille. The newspaper notice announces 
the 30-day public comment period concerning the Notice of Intent to 
Delete the site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    If comments are received within the 30-day public comment period on 
this document, EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. If necessary, EPA 
will prepare a Responsiveness Summary to address any significant public 
comments received. After the public comment period, if EPA determines 
it is still appropriate to delete the Site, the Regional Administrator 
will publish a final Notice of Deletion in the Federal Register. Public 
notices, public submissions and copies of the Responsiveness Summary, 
if prepared, will be made available to interested parties and in the 
site information repositories listed above.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. 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, should 
future conditions warrant such actions.

IV. Basis for Intended Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

Site Background and History

    MGM Brakes Superfund Site (CERCLIS ID: CAD000074120) was proposed 
to the National Priorities List (NPL) on 12/30/1982 (47 FR 58476), and 
finalized on 9/08/1983 (48 FR 40658). The Site is approximately 5-acres 
and is located in the City of Cloverdale, Sonoma County, California at 
1201 South Cloverdale Boulevard. It is bounded on the south by light 
industrial facilities, including a beer brewing company and on the west 
by a vehicle storage yard. In May 1990, a Remedial Design/Remedial 
Action Consent Decree (CD) was entered into by the United States 
Environmental Protection Agency (EPA) and the potentially responsible 
parties (PRPs) TBG Inc. and Indian Head Industries, Inc. The CD defines 
the ``Site'' as Assessor's Parcels Numbers (APN) 38, 39, and 45 and 
portions of adjacent Parcels 62, 63, 71, and 72. Since the CD was 
issued, parcels 71 and 72 were subdivided and reassigned APNs 117-040-
090, 117-040-093, 117-340-001 through 117-340-012, and 117-340-COM.
    From 1962 until operations ceased in 1982, the MGM Brakes facility 
manufactured and cast aluminum brake components for large motor 
vehicles. The facility consisted of a casting plant building, seven 
above ground storage tanks, a cooling tower, and a storage shed. From 
1965 until 1972, hydraulic fluids containing polychlorinated biphenyls 
(PCBs) were used in the casting machines. These hydraulic fluids leaked 
from the casting machines in the normal course of the plant's 
operations and were then collected in floor drains, together with water 
used to cool the dies between castings. Following gravity separation of 
oils and grease, the wastewater containing PCBs was discharged, via a 
drain line, to the ground adjacent to the casting plant. The practice 
of discharging wastewater onto the vacant fields surrounding the 
casting plant building is believed to be the main cause of PCB 
contamination at the Site.
    PCB contamination was detected in surface water runoff, surface and 
subsurface soil, and inside the casting plant building. During 
investigations conducted from 1983 to 1988 volatile organic compounds 
(VOCs) were detected in groundwater. The detected VOCs were benzene, 
chlorobenzene, cis-1,2- dichloroethylene, 1,4-dichlorobenzene, 1,1-
dichloroethene, 1,1,1-trichloroethane, trichloroethene (TCE), and vinyl 
chloride. TCE was the predominant VOC, as it was detected more 
frequently than other VOCs and at the highest concentrations.
    Remedial actions for PCBs began in 1993 and included equipment 
removal, building demolition, concrete slab removal, removal of below-
grade structures, and soil excavation. The soil excavation and backfill 
work was completed in 1994.
    Remedial actions for the VOC-contaminated groundwater included 
installation of groundwater monitoring wells and monitored natural 
attenuation. Groundwater monitoring wells were installed in 1994 and 
groundwater monitoring was conducted from 1995 through 2013. All 
groundwater monitoring wells were removed by 2017 following the 
attainment of groundwater restoration cleanup levels for TCE.
    The MGM Brakes site is not currently developed. However, in January 
2018 the EPA included the MGM Brakes site on the Superfund 
Redevelopment Focus List and stated the site was ``Ready for Reuse''.

Remedial Investigation and Feasibility Study (RI/FS)

    EPA conducted a Remedial Investigation and Feasibility Study (RI/
FS) from 1983 to 1988. The EPA conducted limited field investigations 
during the course of evaluating remedial alternatives. The original FS 
was initiated in 1985 and released in 1986. The original FS identified 
incineration as the EPA's preferred alternative for removing PCBs. Due 
to strong opposition to incineration, as well as other comments 
submitted during the public comment period, EPA decided to prepare a 
revised FS. In May 1988, EPA released the revised FS which evaluated a 
list of alternatives including capping, excavation and on-site 
fixation, in-situ fixation, on-site incineration, and excavation and 
off-site disposal. The preferred remedy, as stated in the May 1988 
Proposed Plan, was excavation and off-site disposal of PCBs. No adverse 
comments were received during the public comment period regarding this 
remedy.
    The remedial action objective (RAO) for PCB contaminated soils was 
to reduce the present and future on-site risk to human health and the 
environment to a 1 x 10-\5\ (1 in 100,000) cancer risk and 
provide unrestricted future use of the Site. RAOs also required 
restoration of groundwater to appropriate maximum contaminant levels 
(MCLs) or other health-based standard such that the total risk will not 
exceed 10-\6\.

Selected Remedy

    In September 1988, EPA issued a Record of Decision (ROD) which 
selected as the Site remedy excavation and off-site disposal of soils 
with PCB concentrations above 10 milligrams per kilogram (mg/kg); 
demolition of the casting plant; and decontamination of PCB 
contaminated equipment and materials. In addition, PCBs in surface soil 
(defined as the uppermost 10 inches) could not exceed 1 mg/kg. The 1988 
ROD also called for further investigation of the VOC-contaminated 
groundwater and restoration of

[[Page 28262]]

groundwater within the Site boundaries to appropriate MCLs. The 
specific groundwater cleanup option was to be determined as a part of 
the remedial design. The 1988 ROD stated that the selected remedies 
were intended to reduce the present and future on-site risk to human 
health and the environment to a 1 x 10-\5\ (1 in 100,000) 
cancer risk and provide unrestricted future use of the property. This 
was to be achieved by removing and disposing of all soil exceeding a 
PCB concentration of 10 mg/kg. The 1988 ROD also required restoration 
of groundwater within the Site boundary to appropriate MCLs such that 
the total risk would not exceed 1 x 10-\6\.
    In 1995 EPA issued an Explanation of Significant Differences (ESD) 
that selected monitored natural attenuation (MNA) as the groundwater 
remedy and established Federal MCLs as the cleanup levels. The 1995 ESD 
also revised the soil remedy to allow bedrock (deeper than 15 feet and 
below ground surface (bgs)) with PCB concentrations greater than 10 mg/
kg and less than 100 mg/kg to be left in place and added the 
requirement for land use restrictions. A Covenant and Agreement to 
Restrict Use of Certain Property (1995 Covenant) was recorded in Sonoma 
County in July 1995 to restrict use of certain portions of the Site. 
The 1995 Covenant prohibited excavation of more than 1 cubic yard of 
soil from a depth greater than 15 feet bgs without following specific 
protocols set forth in the 1995 Covenant.
    In the 2013 Five Year Review (2013 FYR) EPA determined that the 
site qualified for unlimited use and unrestricted exposure. In 2016 EPA 
issued a second ESD that removed the requirement for land use 
restrictions based on the 2013 FYR determination. The 2016 ESD noted 
that land use controls (LUCs) were included in a new Covenant and 
Environmental Restrictions on Property (2016 Covenant), recorded in 
Sonoma County on March 25, 2016. The 2016 Covenant is not incorporated 
into the Superfund remedy.

Remedial Actions

    The remedial actions were implemented pursuant to the ROD, CD, and 
ESD. For the PCB-contaminated soil remedy, EPA determined that building 
demolition must be performed to access the contaminated soil, concrete 
beneath the casting plant building, and other structures. Equipment was 
removed from the building and, except for one piece, was disposed of 
off-site with demolition debris. One piece of equipment was 
decontaminated, documented as clean using wipe samples, and moved to a 
different facility. Demolition of the structure began in April 1992 and 
was completed in May 1992. The building debris was sampled for PCBs, 
found to be hazardous waste and subsequently shipped off-site to a 
permitted disposal facility, Kettleman Hills Class I Landfill.
    The excavation work performed to remove and dispose of PCB-
contaminated soil began in June 1993. Soils contaminated above 10 mg/kg 
were excavated to a depth of at least five feet for most of the Site, 
with limited highly contaminated areas being excavated to 29 feet; as 
noted above, a limited volume of deeper soil contained more than 10 mg/
kg and less than 100 mg/kg PCBs. There were several below-grade 
structures that were removed as part of this excavation work. These 
included a small underground storage tank, two concrete sumps, three 
concrete pipes, and other associated underground piping.
    Upon completion of the excavation and backfilling, stockpiled soil, 
debris, and other appurtenances were removed from the Site and disposed 
of at the appropriate facilities. All excavation field work was 
completed by June 1994.
    For the VOC-contaminated groundwater remedy, construction 
activities included installation of groundwater monitoring wells.

Cleanup Levels

Monitoring for PCBs in Soil and Surface Water Runoff
    Soil sampling and analysis for PCBs was conducted in and around the 
excavation to monitor the progress and establish extent of the 
excavation. The entire Site was divided into grid blocks 12.5 feet on 
each horizontal side by two feet vertically. Each grid block was given 
a unique identification number. Soil samples collected from the grid 
blocks were analyzed in an on-site mobile laboratory that provided 
screening results. A California certified laboratory was used to 
analyze all surface soil samples and splits of at least 20% of the 
samples. The verification analysis indicated that PCBs were less than 
or equal to the remedial clean up goal. For a minimum of 10% of the 
soil samples sent to the off-site laboratory, an EPA split soil sample 
was analyzed by EPA's contract laboratory. The data from screening 
analyses and verification analyses for PCBs in soil met the quality 
assurance and quality control goals set forth in the Remedial Action 
Quality Assurance Project Plan.
    Soil was excavated from grids where screening analyses indicated 
that PCB concentrations were higher than the remedial goals, except for 
several grids where samples were collected from bedrock in the bottom 
of the excavation. As noted above, the 1995 ESD revised the soil remedy 
to allow these few grids to remain.
    In accordance with the Final Excavation Monitoring Plan, post-
construction surface runoff samples were collected at three locations 
on and near the Site within 24 hours of any rainfall event producing 
1.0 inch or more of precipitation in a 24-hour period, as measured by 
the Cloverdale Fire Department. Forty-seven post-construction 
monitoring surface runoff samples were collected after completion of 
the excavation work. PCBs were not detected in any of the surface water 
runoff samples at or above a detection limit of 0.25 [micro]g/L.
    In March 1998, the EPA provided a Certificate of Completion for the 
demolition and excavation work, which documented EPA's conclusion that 
all portions of the Remedial Action (RA) for soil were completed in 
accordance with the ROD, CD, and ESD.
Investigation and Monitoring of Groundwater
    In accordance with the ROD and CD, the groundwater RA included 
activities to locate the source of VOCs, and install additional wells 
to evaluate the extent of VOC contamination and monitor groundwater. 
Despite attempts to locate the source of VOC contamination in the 
groundwater, no source was identified. As described above, the 1995 ESD 
selected MNA as the groundwater remedy and defined a point of 
compliance to ensure contaminants did not move beyond the Site boundary 
at concentrations above MCLs. When the 1995 ESD was published, TCE was 
the only contaminant which remained above its MCL.
    Groundwater monitoring for VOCs began in 1995 and continued through 
2013 as follows:
     From 1995 through 1999, groundwater samples were collected 
from 12 wells and analyzed for VOCs. In addition, PCBs and semi-
volatile organic compounds (SVOC) analyses were performed in 1998 and 
1999. With EPA concurrence, one groundwater monitoring well was 
abandoned. The well was abandoned under permit from the Sonoma County 
Department of Environmental Health (SCDEH).
     From 2000 through 2006, groundwater samples were collected 
from 11 wells and analyzed for VOCs. In 2006, EPA approved the 
abandonment of nine wells at the Site.

[[Page 28263]]

The wells were abandoned under permit from SCDEH.
     From 2006 through 2013 groundwater samples were collected 
from the two remaining wells, B-50 and B-73. The groundwater samples 
were analyzed for VOCs. In April 2017, after the attainment of TCE MCLs 
and with EPA concurrence, both wells were abandoned under permit from 
SCDEH.
    The Final Groundwater Monitoring Report, was prepared after the 
2013 sampling events. As described in the Draft Revised Final Remedy 
Certification Report for the VOC Groundwater Work, per 2014 EPA 
guidance, analysis of contaminant-specific data from the MGM Brakes 
Site provided a technical and scientific basis that:
    1. The MCL for TCE was met in both remaining wells; and,
    2. The groundwater would continue to meet the MCL for TCE in both 
remaining wells in the future.
    In February 2018, the EPA provided a Certificate of Completion for 
the VOC Groundwater Work, which documented EPA's concurrence that all 
portions of the RA for groundwater were completed in accordance with 
the ROD, CD and ESD.

Operation and Maintenance

    There are no ongoing monitoring activities for soil or groundwater. 
The 2016 ESD removed the requirement for institutional controls. There 
are no operation and maintenance activities required.

Five Year Review

    The Third Five-Year Review Report for MGM Brakes Superfund Site, 
Cloverdale California, September 2013 (Third FYR) was the last five-
year review completed at the Site. The Third FYR concluded that the 
Site remedy is protective of human health and the environment and that 
there are no issues that affect protectiveness in the short- or long-
term. Furthermore, an evaluation completed during the Third FYR, and 
documented in the 2016 ESD, concluded that hazardous substances and 
pollutants had been removed to safe levels and that the site qualified 
for unlimited use and unrestricted exposure. Future FYRs are not 
required.

Community Involvement

    The community has been involved in the MGM Brakes Superfund Cleanup 
throughout the remedial process. Comments were submitted in strong 
opposition to the original remedy suggested by the feasibility study in 
1986. These comments were taken into consideration and EPA prepared a 
revised FS in May 1988 evaluating a list of alternative remedies, 
ultimately resulting in a different remedy for the Site. No adverse 
comments were received during the public comment period regarding this 
remedy.

Determine That the Site Meets the Criteria for Deletion in the NCP

    In March 1998, the EPA provided a Certificate of Completion for the 
demolition and excavation work, which documented EPA's concurrence that 
all portions of the RA for soil were completed in accordance with the 
ROD, CD, and ESD. In February 2018, the EPA provided a Certificate of 
Completion for the VOC Groundwater Work, which documented EPA's 
concurrence that all portions of the RA for groundwater were completed 
in accordance with the ROD, CD and ESD. In the Third FYR and the 2016 
ESD, EPA concluded that hazardous substances and pollutants had been 
removed to safe levels and that the site qualified for unlimited use 
and unrestricted exposure.
    In February 2018, the Regional Water Quality Control Board of 
California determined that no further action (NFA) was required at the 
MGM Brakes Superfund Site located at 1201 South Cloverdale Boulevard, 
Cloverdale, California. A letter documenting the NFA status is included 
in the deletion docket. In December 2018 the Department of Toxic 
Substances Control issued a letter concurring with EPA's proposed 
deletion of the MGM Brakes Site from the National Priorities List. This 
letter is also included in the deletion docket.
    The implemented remedy at the MGM Brakes Superfund Site has 
achieved the degree of cleanup specified in the ROD for all exposure 
pathways; and all selected remedial and removal action objectives and 
associated cleanup levels are consistent with agency policy and 
guidance. No further Superfund response is needed at the MGM Brakes 
Superfund Site to protect human health and the environment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Authority:  33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., 
p. 193.

    Dated: April 30, 2019.
 Michael Stoker,
Regional Administrator, Region 9.
[FR Doc. 2019-12771 Filed 6-17-19; 8:45 am]
 BILLING CODE 6560-50-P


