PB95-963125
EPA/ESD/R09-94/130
March 1995
EPA Superfund
Explanation of Significant Difference
for the Record of Decision:
South Bay Asbestos,
Alviso, CA
10/18/1993
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South Bay Asbestos Superfund Site
Ring Levee Operable unit
Explanation of Significant Differences
to the
Record of Decision
United States Environmental Protection Agency
Region IX -San Francisco, California
October 1993
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EXPLANATION OF SIGNIFICANT DIFFERENCES
SITE NAME AND LOCATION
South Bay Asbestos Superfund site
Ring Levee Operable Unit
San Jose, California
STATEMENT OF BASIS AND PURPOSE
This decision document presents this Explanation. of
Significant Differences ("ESD") to the remedial action selected by
the United States Environmental Protection Agency ("EPA") for the
Ring Levee Operable unit at the South Bay Asbestos superfund Site
in San Jose, California. EPA selected the remedial action for the
Ring Levee Operable Unit in a R,ecord of Decision Amendment ("ROD")
dated June 1991 (# ROD/R09/91/061) (amending # R09-88/026). The
overall remedy for the remainder of the site was selected by EPA in
a separa~e Record of Decision dated September 29, 1989 (#
ROD/R09/89/044) and is not impacted by this ESD.
This. ESD was developed in accordance with the applicable
provisions of the Comprehensive Environmental Response, Liability,
Compensation, and Liability Act (42 U.S.C. Section 9601 et sea., as
amended) (CERCLA) and the National ,contingency Plan (40 C.F.R.
section 300 et sea.). This ESD is based on the administrative
record for this Operable unit and is issued under the authority
established in Section 117(c) of CERCLA, 42 U.S.C. 59617(c).
This ESD and supporting documents will become part of the
administrative record for the South Bay Asbestos Superfund site.
The Administrati ve Record for the Site is available for public
inspection and review at the Alviso Branch of the San Jose Public
Library' located at 1060 Taylor Street, Alviso, California and at
the Family Health Foundation located at 1621 Gold Street, Alviso,
California.' .
EPA is the lead agency for the South Bay Asbestos Superfund
site. The modification of the remedy for the Ring Levee Operable
Uni t as set out in this ESD has been discussed wi th state and
federal support agencies including: California EPA-Department of
Toxic Substance Control, the California Department of Health
Services, the California Department of Fish and Game, Cal-Trans,
the Santa Clara valley Water District, the City of San Jose, the
United States Army Corps of Engineers, the united States Agency for'
Toxic Substances and Disease Registry and the United States Fish
and wildlife Service. .
DESCRIPTION OF THE SELECTED REMEDY IN THE ROD
The South Bay Asbestos Superfund Site was proposed for
inclusion on the Superfund National Priorities List ("NPL") in June
of 1984 and was listed on the NPL in October 1984. EPA has been
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the lead agency for Superfund activities at the South Bay Asbestos
Superfund site since 1986 when the lead-agency role was transferred
from the state to EPA.
The Alviso Ring Levee was constructed in March 1983 by the
City of San Jose as an emergency measure in response to extensive
flooding in the community of Alviso. Later investigation by state
agencies revealed that the material used to construct the Ring
Levee was serpentine soil rock containing up to 40% asbestos.
Since 1986 the Ring Levee has been regularly sprayed, first by EPA
and subsequently by the City of San Jose, with a dust suppressant
sealant to minimize any risk of an airborne release of asbestos
from the Ring Levee. The Ring Levee has also been regularly
inspected by EPA and the City of San Jose. In 1992, the City of
San Jose erected fences, signs and barriers along a significant.
portion of the Ring Levee to eliminate the use of the Levee by
local residents.
The Ring Levee Operable Unit ROD Amendment selected a remedy
with the following components: 1) removal of .the .entire asbestos
contaminated ring levee following completion of the Coyote Creek
Flood Control Project, 2) off-site disposal of the levee material
in compliance with state and federal requirements, 3) restoration
of the previously existing wetlands underlying the levee as well as
mitigation for lost wetlands values, 4) implementation of dust
control measures prior to and during levee removal. The remedy was
estimated to cost approximately $2.1 million.
SUMMARY OF SIGNIFICANT DIFFERENCES
As a result of this ESD, the remedy for the Ring Levee
Oper~ble unit is modified to allow the removal of the ring levee in
the fall of 1993 approximately two years prior to the anticipated
completion of the coyote Creek Flood Control Project. Because of
concerns, voiced by the Santa Clara Water District and the City of
San Jose, that a ring levee around the Community of Alviso is
necessary to provide some degree of flood control, this ESD also
modifies the remedy for the Ring Levee Operable Unit to require
that an interim replacement levee be constructed using. clean
material. Finally, this ESD modifies the remedy for the Ring Levee
Operable unit to require that the replacement levee be removed
within one year following the completion of the Coyote Creek Flood
Control Project. .
This ESD does not alter the schedule for restoration of the
wetlands which previously existed beneath the ring levee or the
wetlands mitigation effort required by the existing Consent Decree
between the United States, the City of San Jose and A.J. Raisch
Paving Company. As established in the ROD, the wetlands mitigation
and restoration activities will occur following the permanent
removal of the ring levee which in turn will follow upon the
completion of the Coyote Creek Flood Control Project.
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DECLARATION
After consideration of the changes made to the selected remedy
by this ESD, the remedy for the Ring Levee Operable Unit of the
South Bay Asbestos Superfund si te meets the remedy selection
standards of CERCLA section 121, 42 U.S.C. 59621, and the National
Contingency Plan, 40 C.F.R. P~rt 300. The selected remedy, as
modif ied by this ESD, is protective of human heal th and the
environment. The selected remedy, as modified by this ESD, attains
the Federal and State requirements that are legally applicable or
relevant and appropriate under the circumstances of the release,
and is cost effective. This remedy, as modified by' this ESD,
utilizes permanent solutions and alternative treatment technologies
to the maximum extent practicable; however, because treatment of
the principal threats of the site was not found to be practicable,
this remedy, as modif ied by this ESD, does not satisfy the
statutory preference for treatment as a principal element.
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Jo. C. Wise
Deputy Regional Administrator
1t:)./S.li'
Date
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