region 1 10151 croydon way, suite 3 · region 1 10151 croydon way, suite 3 january a, 1995 ms....

SFUND RECORDS CTRSTATE OF CALIFORNIA—ENVIRONMENTAL PROTECTION AGENCY ?1Ai-nnn7?

DEPARTMENT OF TOXIC SUBSTANCES CONTROLREGION 1

10151 CROYDON WAY, SUITE 3

January A, 1995

Ms. Nancy LindsayChief, Superfund Enforcement BranchUnited States Environmental Protection AgencyRegion IX75 Hawthorne StreetSan Francisco, California 94105-3901

WESTERN PACIFIC RAILROAD SUPERFUND SITE, OROVILLE, CALIFORNIA

Dear Ms. Lindsay:

The Department of Toxic Substances Control (Department) hasreviewed the Western Pacific Railroad Superfund Site data andprovides the enclosed list of State environmental law. Webelieve this list includes all potential State applicable orrelevant and appropriate requirements (ARARs) per the NationalOil and Hazardous Substance Pollution Contingency Plan (NCP).

This ARARs list is being provided at the beginning of theRemedial Investigation phase. While acknowledging considerableinvestigative and cleanup work has already been completed, wemust note that the chemicals of concern (COCs) list has not yetbeen determined nor has any potential remedy been selected. Withthis in mind, we have provided a list of ARARs as comprehensiveand site specific as we feel is realistically required by the NCPfor this phase of the cleanup process.

This ARARs list is based on the following understanding ofthe site:

The site has been an operating rail yard for over 100 years,contains no wetlands, is not on a 100 year floodplain, andis not near any identified faults.

Potential site COCs include benzene, ethylbenzene, toluene,and xylene (BETX), polyaromatic hydrocarbons (PAHs), severalhalogenated volatile organic compounds (VOCs), several heavymetals, and polychlorinated biphenyls (PCBs). Site COCs maybe present in surface soils, subsurface soils, andgroundwater.

The potential remedy for groundwater involves pumping andtreatment of contaminated groundwater via airstripping withcarbon polishing and recharge back to the aquifer. Metalsremoval may become necessary. Potential remedies for soilsinclude excavation with disposal offsite or thermaltreatment onsite using a transportable treatment unit.

EC.mkEC51.124/13a

oPrinted on Recycled Paper

Ms. Nancy LindseyJanaury 4, 1995Page Two

Attached to the list of ARARs is a table of State waterquality standards applicable to this site. They are provided toassist your staff in quickly determining State groundwatercleanup goals. If any questions come up regarding this or anyother issue, please call Mr. Ed Cargile of my staff at(916) 255-3703 or me at (916) 255-3730.

imes L. Tjosvold, P.E.Acting Branch ChiefCentral California SiteMitigation Branch

Enclosures

cc: Philip WoodwardRegional Water Quality Control Board415 Knollcrest DriveRedding, California 96002

EC.mkEC51.124/13a

WATER QUALITY STANDARDS (ug/I)

Organic & Inorganic Chemicals of Concern

Chemical Name

TPH/Diesel

1,1-DCE

1,1-DCA

1,4-DCE

1,2-DCECis-

1,2-DCETrans-

1,1,1-TCA

TCE

Benzene

Ethylbenzene

Tolune

Xylene

Carbon Tet

Benzo(a)pyrene

PCBs

Cal. MCL

6.0

5.0

5.0

6.0

10.0

200.0

5.0

1.0

700.0

150.0

1750

0.5

0.2

0.5

RWQCB WQO

<50.0

ND (<0.5ug/l)

ND

ND

ND

ND

ND

ND

ND

ND

ND

ND

ND

ND

ND

Prop. 65 NSR

50.0'

25.0

3500.0*

Antimony

Arsenic

Chromium

Barium

Mercury

Nickel

Thallium

6.0

50.0

50.0

1000.0

2.0

100.0

2.0

ND or Background

u

11

M

It

ir

t i

'No Signiicant Cancer Risk

2No Significant Reproductive Risk

CALIFORNIA APPLICABLE OR RELEVANT AND APPROPRIATE REQUIREMENTS, CRITERIA, OR LIMITATIONS

Standard, Requirement,Criteria, or Limitation Citation Description

Applicable/Relevant andAppropriate

Comment

Air Resources Act H&SCode,Div.26,Sec. 39000 et seq.

17 OCR, Part III,Chapter 1, Sec.60000 et seq.

Regulates both nonvehicular andvehicular sources of air contami-nants in California. Definesrelationship of the CaliforniaAir Resources Board (A.R.B.) andlocal or regional air pollutioncontrol districts (A.P.C.D.).

Establishes Ambient Air QualityStandards. Establishes permitprocedures.

Yes/No The local APCD sets allowable discharge standards. Emissiondischarge limits will need to be established for dischargesassociated with specific remedial alternatives. This wouldapply if the chosen solution produces any air emissions

or if the site is graded.

CA Regulatory Agency:ARB; Butte County APCD

California SafeDrinking Water Act

H&S Code, Div. 5Parti, Chapter7,Sec. 4010 et seq.

22 CCR, Div. 4,Chapter 15,Sec. 64401 etseq.

Regulations governing public Yes/Nowater systems. Drinking WaterQuality Standards - MaximumContaminant Levels (MCLs),

Secondary Maximum Contaminant Yes/NoLevels (SMCLs). Requirementsfor water quality analysis andlaboratories.

The act is "applicable" for aquifer and associateddistribution and treatment system, which is currentlycurrently defined as a "public water system."If an aquifer, and associative distribution systemis only a potential "public water system" then theact is "relevant and appropriate".

Maximum Contaminant Levels are Drinking Water Act,cont, acceptable concentration limits from a "freeflowing cold water outlet of the ultimate user."To apply this standard as a cleanup level forgroundwater means the law, and the standardis "relevant and appropriate."

CA Regulatory Agency:DHS, Drinking Water Branch.

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Comment

Porter Cologne WaterQuality Control Act

Water Code, Div.7, Sec. 13000 etseq.

23 CCR, Chapter 3:

Chapter 9,Sec. 2200 et seq.


Chapter 15,Sec. 2510etseq.

Establishes authorities of the Yes/NoState and Regional Water Boardsto protect water qualityby regulating waste disposaland by requiring cleanup ofhazardous conditions.

Waste Discharge Reports and Yes/NoRequirements.

Licensing and Regulation of Yes/NoUse of Oil Spill Cleanup Agents

Discharge of Waste to Land. Yes/NoRegulations establishing wasteand site classifications and wastemanagement requirements forwaste treatment, storage, or disposalin landfills, surface impoundments,waste piles, and land treatmentfacilities.

The Central Valley Regional Water QualityControl Board will identify specific cleanupstandards and allowable discharges.

This subchapter (15) of the code regulatesWaste Management Units/Facilities; closure; and proceduresto determine Water Quality Protection Standards.This subchapter (15) also requires that hazardous anddesignated waste shall only be discharged to ato a permitted Waste Management Unit.


Underground Tank Regulations.New and existing UST construction,monitoring, repairs, releases ofsubstances and closure.

Yes/No

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Comment

Porter Cologne WaterQuality Control Actcont.

- SBR No. 92-49 Policies and procedures forinvestigation and cleanups andAbatement of Discharges underWater Code Section 13304.

-SBR No. 68-16 Anti-degradation policy

Yes/No Resolution No. 92-49 establishes policies andprocedures for the oversight of investigationsand cleanup abatement activities resulting fromdischarges of waste which affect or threaten water quality.

Subject to certain exceptions, it requires cleanup ofall waste discharged and restoration of affectedwater to background conditions (i.e., the water qualitythat existed before the discharge). Requires actionsfor cleanup and abatement to conform toResolution No. 68-16, water quality control plansand policies, and applicable provisions of Title 23,California Code of Regulations, Division 3, Chapter 15(Discharges of Wate Land) as feasible,

Yes/No Resolution No. 68-16 requires that the quality of watersof the State that is better than needed to protectall beneficial uses be maintained unless certainfindings are made. Discharges to high quality watersmust be treated using best practicable treatmentor control necessary to prevent pollution or nuisanceand to maintain the highest quality water.

Requires cleanup to background water qualityor to lowest concentrations technically andand economically feasible to achieve. Beneficialuses must, at least, be protected.

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Comment

Porter Cologne WaterQuality Control Actcont.

CA Regulatory Agency: Central Valley RegionalWater Quality Control Board; State WaterResources Control Board.

Hazardous WasteControl Laws

H&S Code, Div. 20Chapter 6.5,Sec. 25100etseq.

RCRA Title 22, Div. 4.5Chapter 10,c. 66260 et seq.

Regulations governing hazardouswaste control; management andcontrol of hazardous waste facilities;transportation; laboratories;classification of extremelyhazardous, hazardous, andnonhazardous waste.

General Hazardous Waste

California is a RCRA Authorized state. The provisionsof RCRA pertinent to the Western Pacific Site arepromulgated under California Code of Regulations(CCR) Title 22, Division 4.5, Chapter 20. The aboveregulations are "applicable" to RCRA characteristicor listed waste which either: (1) were disposed at thesite after November 19,1980; or (2) require CERCLAremedial action consisting of treatment, storage, or

Yes/Yes disposal as defined by CCR Title 22, Section 66264.In addition, these regulations are "relevant and appropriate"to RCRA hazardous waste disposed at a site priorto November 19,1980.

The Western Pacific Site was in operation as a railroadmaintance yard for approximately 1880 until in 1992.RCRA is potentially applicable to wastes disposed of onsiteafter 1980 and is directly applicable for any future remedialaction involving treatment, storage, or disposal of RCRAcharacteristic or listed waste.

RCRA permits are not required for CERCLA actionstaken entirely onsite. However, these actions mustmeet the substantive requirements of RCRA.

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Comment

RCRA cont. Chapter 11,Sec. 66261 et seq.

Identification and Listingof Hazardous Waste

Chapter 12, Standards Applicable toSec. 662622 et seq. Generators of Hazardous Waste


Standards Applicable to Transportersof Hazardous Waste

Chapter 14,Sec, 66264 et seq.

Standards for Owners and Operatorsof Hazardous Waste Transfer, Storageand Disposal Facilities

Yes/Yes Site contaminants of concern include arsenic, barium,cadmium, chromium, benzene, carbon tetrachloride, 1,4-DCE,1,1DCE, 1,2 DCA, and TCE which are listed characteristic waste(D004, D005, D006, D007, D018, D019, D027, D028, D029, andand D040 respectivily). As with listed wastes, the RCRAregulations are applicable for future remedial action involvingtreatment, storage, or disposal and relevent and appropriatefor any other activities resembling RCRA-regulated activities.

Yes/Yes Alternatives which utilize onsite treatment technologies mayrequire stockpiling of wastes prior to processing or storageof treatment sludges or filters which may be hazardouswaste. RCRA requirements are applicable to activitiesof this type.

Yes/No The RCRA requirements for generators and transporters ofhazardous wastes are applicable for any RCRA or State-onlyhazardous wastes shipped offsite and must be taken intoaccount for remedial actions that include transport offsite.

All generators are required to determine if their waste is a RCRAor State-only hazardous waste and determine the proper wastecode, The generator is reponsible for proper labeling,packaging, and manifesting of the waste for shipping. The wastemust be transported appropriately to a RCRA-approved offsitetreatment, storage, and disposal facility.

Yes/No The RCRA requirements for generators and transporters ofhazardous wastes are applicable for any RCRA or State-onlyhazardous wastes shipped offsite and must betaken into

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Standard, Requirement,

Criteria, or Limitation Citation Description

Applicable/

Relevant andAppropriate

Comment

RCRAcont.


Land Disposal Restrictions


Transportable Treatment Units

account for remedial actions that include transport offsite.

All generators are required to determine if their waste is a RCRAor State-only hazardous waste and determine the proper wastecode. The generator is reponsible for proper labeling,

packaging, and manifesting of the waste for shipping. The wastemust be transported appropriately to a RCRA-approved offsitetreatment, storage, and disposal facility.

Yes/Yes The disposal of RCRA hazardous waste during the course ofremedial action may also be subject to land disposalrestrictions. All wastes are to be reviewed to determine if they

should be restricted from land disposal. Restricted wastescannot be placed in or on the land unless they have been first

treated to levels achievable by the best deomonstratedavailable technology. California-only non-RCRA contaminatedsoil from cleanup of any hazardous waste site pursuant toDepartment approval is exempt from land disposal restrictions.

Yes/No Permits are required under Title 22 for treatment of

hazardous wastes using a Transportable Treatment Unit(TTU). If a TTU is selected as part of a remedial action, this

RCRA requirement would be directly applicable. While

many of the Permit by Rule requirements are administrative,a number of substantive requirements for public safetyare required. Substantive requirement such as unit

containment, public notification, closure plans, and financial

assurance for such TTU operations are included in Title 22,Section 67450.3 (a)(3)(4)(6)(7)(8)(9)(10)(11)(13) and (14).

CA Regulatory Agency: DTSC

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Comment

Safe Drinking Water &Enforcement Act

H&S Code, Div. 20, Prohibition on contaminatingChapter 6.6 drinking water with specificSect. 25249.5 et carcinogens and reproductiveseq. toxicants.

26 CCR, SupplementDischarge Limitations

Yes/No Result of voter initiative Proposition 65. Directedto protecting drinking water by prohibiting directdischarge of chemicals causing cancer or birth defects.

Warning Notices Yes/No Requires businesses to post warnings thatlisted chemicals are present on the facility.

CA Regulatory Agency: Healthand Welfare Agency.

CA "Superfund" Law - H&S Code, Div. 20, Establishes state authority toHazardous SubstancesAccount Act/HazardousSubstances CleanupBond Act

Chapter 6.8, Sec.25300 et seq.

22 CCR, Div. 20,Chapter 30, Art.16, Sec. 66951et seq.

cleanup hazardous substancerelease and compensate personsinjured by exposure to hazardoussubstances. Creates a $100 millionHazardous Substance Cleanup Fundto supplement the HazardousSubstance Account.

Yes/No Substantive requirements of a Remedial Action Plan (RAP)must be met, including the statutory public involvementmandates.

CA Regulatory Agency:DISC

Hazardous SubstancesAct

H&S Code, Div. 22,Chapter 13,Sec. 28740 et seq,

Definitions of "hazardoussubstance" and "toxic".Labeling requirements.

No/Yes Would apply to hazardous substances identifiedin the code.

CA Regulatory Agency: State WasteManagement Board.




Comment

California EnvironmentalQuality Act

Public Res. Code,Div. 13, Sec.21000etseq,

14CCR, Div. 1Part3, Chapter 4,Sec. 750 et seq.

Binding guidelines for the Yes/NoEnvironmental Impact Review (EIR)of development projects. Definesresponsibilities of state agenciesin the EIR process,

Specifies the objectives, criteria Yes/Noand procedures followed by Fish andGame Commission in implementingCEQA.

The applicability of CEQA is directly relatedto the completeness of NEPA efforts during the RI/FSprocess. The Department is concerned that the level ofNEPA efforts are selective and therefore may beincomplete with respect to CEQA. Until thislevel of effort is completely defined, we contendCEQA is applicable.

CA Regulatory Agency:Governor's Office of Planning and Research, DTSC

14CCR, Div.6,Chapter 3, Sec.150000 et seq.

22 CCR, Div. 4Chapter 2, Sec.60100 et seq.

23 CCR, Chapter 4Subchapter 15,Sec. 3720 et seq.

Guidelines for implementation of Yes/Nothe CEQA, including responsi-bilities, authority of publicagencies, lead agency, initial studies,negative declaration process, Yes/Noand EIR-process, time limits,contents, types, considerations,review, litigation, monitoring,exemptions, funding, public hearings, Yes/Noapproval.

CA Regulatory Agency: DTSC

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Comment

Occupational Healthand Safety Act

Labor Code, Div.5, Sec. 6300et seq.

8 CCR, Chapter 4:Subchapter 4,Sec. 1500etseq.,Subchapter 5, Sec.2300 et seq., Sub-chapter 7, Sec.3200 et seq.

Regulations to assure safe andhealthy working conditions byauthorizing the enforcement ofstandards and procedures.

A detailed analysis ofconstruction safety regulations.

A detailed analysis of electicalsafety regulationsA detailed analysis of generalindustry safety regulationsincluding procedures equipmentand structures.

Yes/No Worker safety at the site is regulatedbyCal-OSHA.

No/Yes CA Regulatory Agency: OccupationalSafety and Health Standards Board;Department of Industrial Relations, Divisionof Industrial Safety

Water QualityObjectives

RWQCB Criteria Promulgated criteria settingchemical specific concentrationlevels for a variety of uses ofspecific bodies of water. Basedon the beneficial uses ofspecified water bodies.

Yes/No Regional Water Quality Objectives are identified in theWater Quality Control Plan Reports (Basin Plans)of the nine Regional Water Quality Control Boards.Used to set standards for NPDES discharges.

CA Regulatory Agency: Central Valley Regional WaterQuality Control Board

region 1 10151 croydon way, suite 3 · region 1 10151 croydon way, suite 3 january a, 1995 ms....

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