[Federal Register Volume 65, Number 173 (Wednesday, September 6, 2000)]
[Notices]
[Pages 54024-54025]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-22813]
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-6865-1]
Notice of Proposed Administrative Order on Consent Pursuant to
the Resource Conservation and Recovery Act
AGENCY: Environmental Protection Agency.
ACTION: Notice; request for public comment.
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SUMMARY: In accordance with section 7003(d) of the Resource
Conservation and Recovery Act, 42 U.S.C. 9673(d), notice is hereby
given of a proposed administrative agreement (``Administrative Order on
Consent'' or ``AOC'') concerning the Charnock methyl tertiary-butyl
ether (``MTBE'') Contamination Site (``Site'') located in the State of
California with the following parties: Shell Oil Company, Shell Oil
Products Company and Equilon Enterprises LLC (``Respondents''). The AOC
requires the Respondents to perform the following activities related to
the Charnock Sub-Basin MTBE contamination: Conduct an analysis of
alternatives and recommend a preferred alternative for interim drinking
water replacement; perform an evaluation of interim groundwater
restoration measures; and conduct additional regional investigation
fieldwork and analysis activities. The Respondents will perform
critical data collection and analysis activities over an approximately
one year time frame. The AOC provides for stipulated penalties for
failure to perform and continuous oversight from the EPA and the
California Regional Water Quality Control Board-Los Angeles Region
(``the Agencies''), as well as the opportunity for participation by the
City of Santa Monica (``the City'') and Southern California Water
Company (``SCWC) (collectively ``the Impacted Parties''). These
activities will facilitate selection by the Agencies of interim water
[[Page 54025]]
replacement and restoration measures. Respondents will then continue to
perform groundwater sampling and analysis and related reporting tasks
for approximately one additional year.
For thirty (30) days following the date of publication of this
notice, EPA will receive written comments on the AOC. EPA will consider
all comments received and may modify or withdraw its consent to the
AOC, if comments received disclose facts or considerations which
indicate that the proposed AOC is inappropriate, improper, or
inadequate. The EPA's response to any comments will be available for
public inspection at the Los Angeles Regional Water Quality Control
Board, 320 W. 4th Street, Suite 200, Los Angeles, CA, 90013 and at the
U.S. Environmental Protection Agency Region 9 located at 75 Hawthorne
Street, San Francisco, CA 94105. Commenters may request an opportunity
for a public meeting in the affected area in accordance with Section
7003(d) of RCRA, 42 U.S.C. 6973(d).
DATES: Comments must be submitted on or before October 6, 2000.
ADDRESSES: The proposed AOC and additional background information
relating to the AOC are available for public inspection at 75 Hawthorne
Street, San Francisco, CA 94105, or on the Internet at www.epa.gov/region09/mtbe/charnock. A paper copy of the proposed AOC may be
obtained from Steven Linder (WST-8), Project Manager, 75 Hawthorne
Street, San Francisco, CA, 94105. Comments should reference the
Charnock MTBE Contamination Site, Proposed Administrative Order on
Consent and EPA Docket No. 7003-09-2000-0003. Comments should be
addressed to Lester Kaufman, Chief, Underground Storage Tanks Program
Office, 75 Hawthorne St., San Francisco, CA, 94105.
FOR FURTHER INFORMATION CONTACT: Steven Linder (WST-8), Project
Manager, 75 Hawthorne Street, San Francisco, CA, 94105, (415) 744-2036.
SUPPLEMENTARY INFORMATION: In August 1995, the City discovered the
gasoline additive MTBE in drinking water supply wells at its Charnock
Wellfield, located at 11375 Westminster Avenue, Los Angeles,
California. In August 1995, the City's Charnock Wellfield had five
operating municipal supply wells which, according to the City, provided
approximately 45% of the drinking water for the City's 87,000 residents
(1990 U.S. Census) and approximately 200,000 daytime customers. By June
13, 1996, all of the supply wells at the City's Charnock Wellfield were
shut down due to the presence of MTBE contamination at the wellfield.
In October 1996, following the shutdown of the City's Charnock
Wellfield, the SCWC, another water purveyor utilizing the Charnock Sub-
Basin, shut down its wellfield in the Sub-Basin, in order to avoid
drawing contamination toward the SCWC Wellfield. Prior to this
shutdown, SCWC had two operating municipal supply groundwater wells, at
11607 and 11615 Charnock Road, Los Angeles, that provided, according to
SCWC, a portion of the drinking water for approximately 10,000
residences and businesses in Culver City. Currently, water from the
Charnock Sub-Basin is not being served to the public. The affected
water supply wells have been shut down and there is no current
exposure.
After the discovery of MTBE in the City's Charnock Wellfield and
the shutdown of both of the wellfields in the Charnock Sub-Basin, the
City and SCWC began purchasing alternative water supplies from the
Metropolitan Water District. EPA, in consultation with the State,
determined that a joint State and federal response was necessary to
effectively protect human health and the environment from the threat
created by MTBE contamination in the Charnock Sub-Basin and at the
City's Charnock Wellfield. Beginning in June 1997, the Agencies have
required investigations of potential source site facilities in order to
locate and remediate the contamination.
Respondents have conducted investigations at their potential source
sites and have begun remediation at one of their individual facilities.
Respondents have also participated, along with other potentially
responsible parties, in investigating the regional extent of
contamination in the Sub-Basin, evaluating remedial technology
alternatives, and providing water replacement and consultant costs for
the Impacted Parties.
On September 22, 1999, the EPA and the Regional Board issued
parallel administrative orders with identical scopes of work to Shell
Oil Company, Shell Products and Equilon Enterprises, LLC (collectively
``the Shell Orders''). (See, EPA Docket No. RCRA 7003-09-99-0007, and
Regional Board Cleanup and Abatement Order No. 99-085.) These orders
required Respondents to provide the Impacted Parties with Replacement
Water beginning January 7, 2000, for a period of 5 years. Respondents
are currently providing replacement water pursuant to these orders. On
March 9, 2000, the EPA issued a unilateral administrative order for
participation and cooperation in water replacement to Chevron U.S.A.,
Inc., Exxon Mobil Corporation, Atlantic Richfield Corporation (d.b.a.
Arco), Conoco, Inc., Kayo Oil Company, Douglas Oil Company of
California, Unocal Corporation, Mobil Oil Corporation, Tosco
Corporation, Thrifty Oil Company, Best California Gas, Ltd., Kazuho
Nishida and HLW Corporation. This order required these parties to
participate and cooperate with the parties to the Shell Orders in
providing water replacement. (See EPA Docket No. RCRA 7003-09-2000-
0002.) The Regional Response activities that are the subject of the
proposed AOC are intended to efficiently generate the information and
analyses necessary for the Agencies to select appropriate water
replacement and regional restoration measures. The AOC is not intended
to affect ongoing requirements for investigation and remediation of
individual source sites and potential source sites or compliance with
any existing administrative order. Nor is the AOC intended to affect
any litigation related to the Site or the Charnock Sub-Basin, or to
limit any claims or rights under applicable laws that any Impacted
Party may have or assert arising from contamination of the Site or the
Charnock Sub-Basin.
Keith Takata,
Acting Regional Administrator, Region 9.
[FR Doc. 00-22813 Filed 9-5-00; 8:45 am]
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