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HomeMy WebLinkAboutUntitled STATE OF CALIFORNIA STATE WATER RESOURCES CONTROL BOARD ORDER WQ 2014-0149-UST In the Matter of Underground Storage Tank Case Closure Pursuant to Health and Safety Code Section 25296.10 and the Low-Threat Underground Storage Tank Case Closure Policy BY THE EXECUTIVE DIRECTOR:1 By this order, the Executive Director directs closure of the underground storage tank (UST) case at the site listed below, pursuant to section 25296.10 of the Health and Safety Code.2 The name of the responsible party, the site name, the site address, the Underground Storage Tank Cleanup Fund (Fund) claim number if applicable, current and former lead agencies, and case numbers are as follows: Atlantic Richfield Company (ARCO) (Responsible Party) Mega ARCO AM/PM 625 West Las Tunas Drive, Arcadia, Los Angeles County State Water Resources Control Board, Division of Water Quality, Case No. N/A (Current) Los Angeles County Department of Public Works, Case No. 011974-047210 (Former) I. STATUTORY AND PROCEDURAL BACKGROUND Upon review of a UST case, the State Water Resources Control Board (State Water Board) is authorized to close or require closure of a UST case where an unauthorized release has occurred, if the State Water Board determines that corrective action at the site is in compliance with all of the requirements of subdivisions (a) and (b) of section 25296.10. The State Water Board, or in certain cases the State Water Board Executive Director, may close a case or require the closure of a UST case. Closure of a UST case is appropriate where the 1 State Water Board Resolution No. 2012-0061 delegates to the Executive Director the authority to close or require the closure of any UST case if the case meets the criteria found in the State Water Board's Low-Threat Underground Storage Tank Case Closure Policy adopted by State Water Board Resolution No. 2012-0016. 2 Unless otherwise noted, all references are to the California Health and Safety Code. 1 corrective action ensures the protection of human health, safety, and the environment and where the corrective action is consistent with: 1) Chapter 6.7 of division 20 of the Health and Safety Code and implementing regulations; 2) Any applicable waste discharge requirements or other orders issued pursuant to division 7 of the Water Code; 3) All applicable state policies for water quality control; and 4) All applicable water quality control plans. State Water Board staff has completed a review of the UST case identified above, and recommends that this case be closed. The recommendation is based upon the facts and circumstances of this particular UST case. The UST case record that is the basis for determining compliance with the Water Quality Control Policy for Low-Threat Underground Storage Tank Case Closures (Low-Threat Closure Policy or Policy) is available on the State Water Board's GeoTracker database. URL: http://geotracker.waterboards.ca.gov/profile report.asp?global id=T10000000565 Low-Threat Closure Policy In State Water Board Resolution No. 2012-0016, the State Water Board adopted the Low- Threat Closure Policy. The Policy became effective on August 17, 2012. The Policy establishes consistent statewide case closure criteria for certain low-threat petroleum UST sites. In the absence of unique attributes or site-specific conditions that demonstrably increase the risk associated with residual petroleum constituents, cases that meet the general and media-specific criteria in the Low-Threat Closure Policy pose a low-threat to human health, safety, the environment, and are appropriate for closure under Health and Safety Code section 25296.10. The Policy provides that if a regulatory agency determines that a case meets the general and media-specific criteria of the Policy, then the regulatory agency shall notify responsible parties and other specified interested persons that the case is eligible for case closure. Unless the regulatory agency revises its determination based on comments received on the proposed case closure, the Policy provides that the agency shall issue a uniform closure letter as specified in Health and Safety Code section 25296.10. The uniform closure letter may only be issued after the expiration of the 60-day comment period, proper destruction or maintenance of monitoring wells or borings, and removal of waste associated with investigation and remediation of the site. Health and Safety Code section 25299.57, subdivision (1)(1) provides that claims for reimbursement of corrective action costs that are received by the Fund more than 365 days after the date of a uniform closure letter or a letter of commitment, whichever occurs later, shall not be reimbursed unless specified conditions are satisfied. 2 II. FINDINGS Based upon the facts in the UST record and the hydrogeologic conditions at the site, the State Water Board finds that corrective action taken to address the unauthorized release of petroleum at the UST release site identified as: Atlantic Richfield Company (ARCO) (Responsible Party) Mega ARCO AM/PM 625 West Las Tunas Drive, Arcadia, Los Angeles County State Water Resources Control Board, Division of Water Quality, Case No. N/A (Current) Los Angeles County Department of Public Works, Case No. 011974-047210 (Former) ensures protection of human health, safety, and the environment and is consistent with Chapter 6.7 of division 20 of the Health and Safety Code and implementing regulations, the Low-Threat Closure Policy and other water quality control policies and applicable water quality control plans. Pursuant to the Low-Threat Closure Policy, notification has been provided to all entities that are required to receive notice of the proposed case closure, a 60-day comment period has been provided to notified parties, and any comments received have been considered by the State Water Board in determining that the case should be closed. Pursuant to section 21080.5 of the Public Resources Code, environmental impacts associated with the adoption of this Order were analyzed in the substitute environmental document (SED) the State Water Board approved on May 1, 2012. The SED concludes that all environmental effects of adopting and implementing the Low Threat Closure Policy are less than significant, and environmental impacts as a result of adopting this Order in compliance with the Policy are no different from the impacts that are reasonably foreseen as a result of the Policy itself. A Notice of Decision was filed August 17, 2012. No new environmental impacts or any additional reasonably foreseeable impacts beyond those that were addressed in the SED will result from adopting this Order. The UST case identified above may be the subject of orders issued by the Regional Water Quality Control Board (Regional Water Board) pursuant to division 7 of the Water Code. Any orders that have been issued by the Regional Water Board pursuant to division 7 of the Water Code, or directives issued by a Local Oversight Program (LOP) agency for this case should be rescinded to the extent they are inconsistent with this Order. 3 III. ORDER IT IS THEREFORE ORDERED that: A. The UST case identified in Section II of this Order, meeting the general and media- specific criteria established in the Low-Threat Closure Policy, be closed in accordance with the following conditions and after the following actions are complete. Prior to the issuance of a uniform closure letter, the responsible party is ordered to: 1. Properly destroy monitoring wells and borings unless the owner of real property on which the well or boring is located certifies that the wells or borings will be maintained in accordance with local or state requirements; 2. Properly remove from the site and manage all waste piles, drums, debris, and other investigation and remediation derived materials in accordance with local or state requirements; and 3. Within six months of the date of this Order, submit documentation to the State Water Board that the tasks in subparagraphs (1) and (2) have been completed. B. The tasks in subparagraphs (1) and (2) of Paragraph (A) are ordered pursuant to Health and Safety Code section 25296.10 and failure to comply with these requirements may result in the imposition of civil penalties pursuant to Health and Safety Code section 25299, subdivision (d)(1). Penalties may be imposed administratively by the State Water Board or Regional Water Board. C. Within 30 days of notification that the tasks are complete pursuant to Paragraph (A), the Deputy Director of the Division of Water Quality shall issue a uniform closure letter consistent with Health and Safety Code section 25296.10, subdivision (g) and upload the uniform closure letter to GeoTracker. D. Pursuant to section 25299.57, subdivision (I) (1), and except in specified circumstances, all claims for reimbursement of corrective action costs must be received by the Fund within 365 days of issuance of the uniform closure letter in order for the costs to be considered. 4 E. Any Regional Water Board or LOP agency directive or order that directs corrective action or other action inconsistent with case closure for the UST case identified in Section II is rescinded, but only to the extent the Regional Water Board order or LOP agency directive is inconsistent with this Order. rel, 6 (1-e----411L.VaL 51/21 Executive Director Date 5 > r EDMUND G. BROWN JR. GOVERNOR C A L I I C R N I• a SECRETARY FORDRIGUEZ WaterBoards ENVIRONMENTAL PROTECTION State Water Resources Control Board UST CASE CLOSURE SUMMARY Agency Information Current Agency Name: State Water Resources Address: 1001 I Street, P.O. Box 2231 Control Board (State Water Board) Sacramento, CA 95812 Current Agency Caseworker: Mr. Matthew Cohen Case No.: N/A Former Agency Name: Los Angeles County Address: 900 South Fremont Avenue Department of Public Works (Prior Alhambra, CA 91803 to 7/18/2013) Former Agency Caseworker: Ms. Kattya Batres Case No.: 011974-047210 Rinze Case Information USTCF Claim No.: None _Global ID: T10000000565 Site Name: MEGA ARCO AM/PM Site Address: 625 West Las Tunas Drive Arcadia, CA 91006 (Site) Responsible Party: Atlantic Richfield Company Address: 4 Centerpoint Drive (ARCO) La Palma, CA 90623 Attention: Mr. Mike Norrell USTCF Expenditures to Date: N/A _Number of Years Case Open: 6 URL: http://geotracker.waterboards.ca.gov/profile report.asp?global id=T10000000565 Summary The Low-Threat Underground Storage Tank Case Closure Policy (Policy) contains general and media-specific criteria, and cases that meet those criteria are appropriate for closure pursuant to the Policy. This case meets all of the required criteria of the Policy. The petroleum release was discovered when five underground storage tanks, associated product piping, and dispensers were removed from the Site during March 2007. Soil sample results indicated total recoverable petroleum hydrocarbons, and xylenes, at concentrations below San Francisco Bay Regional Water Quality Control Board 2013 Tier 1 Environmental Screening Levels (ESLs). A non- petroleum contaminant (acetone) was also detected in shallow soil, below the ESL, beneath a dispenser pump. The acetone was detected in only one of over 25 soil samples collected. Therefore, the acetone contamination does not appear to be associated a release from the UST system and is likely an anomalous detection. The Site is operated as an active fueling facility. Groundwater was not encountered during soil sampling. Based on a subsurface investigation report for the former UST site (Temple City Texaco) located less than 400 feet north of the Site, groundwater depth is estimated to be greater than 80 feet below grade surface and groundwater flow direction is west southwest. FELICIA MARCUS,CHAIR I THOMAS HOWARD,EXECUTIVE DIRECTOR 1001 I Street,Sacramento,CA 95814 I Mailing Address P.O.Box 100,Sacramento,Ca 95812-0100 I www waterboards.ca.gov 15 RECYCLED PAPER MEGA ARCO AM/PM 625 West Las Tunas Drive, Arcadia, Los Angeles County The nearest public supply well regulated by the California Department of Public Health is located approximately 1,000 feet southwest of the Site. The nearest surface water body is the Arcadia Wash, which is approximately 4,500 feet east of the Site. Additional corrective action will not likely change the conceptual site model. Any remaining petroleum constituents in soil do not pose significant risk to human health, safety, or the environment. Rationale for Closure under the Policy • General Criteria—Site MEETS ALL EIGHT GENERAL CRITERIA under the Policy. • Groundwater Media-Specific Criteria —Site releases HAVE NOT LIKELY AFFECTED GROUNDWATER. There are not sufficient mobile constituents (leachate, vapors, or light non- aqueous phase liquids) to cause groundwater to exceed the groundwater criteria in this Policy. • Petroleum Vapor Intrusion to Indoor Air Criteria—Site meets EXCEPTION. The case meets the Policy exception for an active fueling facility. Exposure to petroleum vapors associated with historical fuel system releases is comparatively insignificant relative to exposures from small surface spills and fugitive vapor releases that typically occur at active fueling facilities. • Direct Contact and Outdoor Air Exposure Criteria—Site meets CRITERION 3 (a). Maximum concentrations in soil are less than or equal to those listed in Table 1 of the Policy for Residential use, and the concentration limits for a Utility Worker are not exceeded. There are no soil sample results in the case record for naphthalene. However, the relative concentration of naphthalene in soil can be conservatively estimated using the published relative concentrations of naphthalene and benzene in gasoline. Taken from Potter and Simmons (1998), gasoline mixtures contain approximately 2 percent benzene and 0.25 percent naphthalene. Therefore, benzene can be used as a surrogate for naphthalene concentrations with a safety factor of eight. Benzene concentrations from the Site are below the naphthalene thresholds in Policy Table 1. Therefore, the estimated naphthalene concentrations meet the thresholds in Table 1 of the Policy criteria for direct contact with a safety factor of eight. It is highly unlikely that naphthalene concentrations in the soil, if any, exceed the threshold. Recommendation for Closure The corrective action performed at this Site ensures the protection of human health, safety, and the environment, and is consistent with chapter 6.7 of the Health and Safety Code and implementing regulations, applicable state policies for water quality control, and the applicable water quality control plan, and case closure is recommended. �, , 05/6/2014 G rge Loc ad, PE No. 59556 Date -00FESS/p'' Senior Water Resource Control Engineer w. L0C q �oIA `® u� C059556 o . pp 1 31 20I , . Page 2 of 2 " _ �'