HomeMy WebLinkAboutPRR24079 2022-08-07CCRWQCB Chevron Letter
Central Coast Regional Water Quality Control Board
August 7, 2020
Jeff B. Gustavson via Certified Mail
Chief Executive Officer 7019 0700 0001 7650 5897
Union Oil Company of California
1400 Smith Street
Houston, TX 77002
Corporation Service Company Which Will Do Business via Certified Mail
in California as CSC – Lawyers Incorporating Service 7019 0700 0001 7650 5903
2710 Gateway Oaks Drive, Suite 150N
Sacramento, CA 95833
Dear Mr. Gustavson:
SITE CLEANUP PROGRAM: CHEVRON (FORMER UNOCAL) – TANK FARM ROAD
BULK STORAGE, 276 TANK FARM ROAD, SAN LUIS OBISPO, SAN LUIS OBISPO
COUNTY – REQUIREMENT FOR PFAS INVESTIGATION WORKPLAN PURSUANT
TO CALIFORNIA WATER CODE 13267
The Central Coast Regional Water Quality Control Board (Central Coast Water Board)
is requiring investigations of properties potentially affected by new and emerging
chemicals of concern. Most recently, a class of chemicals referred to as per- and
polyfluoroalkyl substances (PFAS) has become a matter of growing concern for new
and existing cleanup sites within the Central Coast region. The Central Coast Water
Board has identified Union Oil Company of California’s San Luis Obispo Tank Farm
(referenced above) as a case requiring information regarding the presence of PFAS in
soil and groundwater. While Chevron Environmental Management Company (CEMC)
has previously investigated and characterized the San Luis Obispo (SLO) Tank Farm
for other constituents of concern (COCs) on behalf of Union Oil Company of California,
and is currently implementing remediation for those COCs, the Central Coast Water
Board has identified PFAS as another class of substances that must be investigated. To
accomplish this, the Central Coast Water Board requires Union Oil Company of
California to submit a workplan to investigate the potential presence and distribution of
PFAS in soil and groundwater. A workplan for this investigation is required by
September 30, 2020.
Union Oil Company - 2 - August 7, 2020
of California
Background Related to PFAS at SLO Tank Farm
Petroleum Fire Training
The SLO Tank Farm fire training school is identified as an area where previous
petroleum firefighting training occurred. Sources identifying this activity include:
1. Feasibility Study1 by Avocet Environmental, Inc. dated March 15, 2007, which
states, “Other historical activities include the operation of a fire training school in
the unpaved eastern portion of the NW Operations Area. The school consisted of
several simulated sumps, flares, and tanks where students would practice
techniques for extinguishing petroleum-fed fires. Off-specification gasoline and
diesel fuel were fed to these fixtures from a set of three ASTs via a system of
buried metal pipes.” Note Figure 2 in Feasibility Study referencing a “Fire School
Area.”
2. Several newspaper articles 2 document petroleum fire training at the SLO Tank
Farm from at least 1972 to 1985, with annual training referenced in two of the
articles.
These references describe training specifically for petroleum fires, which would likely
have involved the use and/or storage of a class of fire suppressing materials known as
“aqueous film forming foam” (AFFF), which generally contain PFAS.
Downgradient Water Supply Well PFAS Impacts
At least three water supply wells downgradient of the SLO Tank Farm have had
detections of PFAS compounds:
1. Whitson Industrial Park, Well 01 (selected results include 23 nanograms per liter
[ng/L] perfluorooctanic acid (PFOA), 110 ng/L perfluorooctanesulfonic acid
(PFOS), and 190 ng/L perfluorohexane sulfonic acid (PFHxS))
2. Holdgrafer & Associates, Well 01 (selected results include 10.2 ng/L PFOA, 53.5
ng/L PFOS, and 99 ng/L PFHxS)
3. Copeland S. Properties, Well 01 (selected results include 47 ng/L PFOS and 52
ng/L PFHxS)
These three water supply wells are located approximately 500 to 1,800 feet
downgradient of the Tank Farm property edge and approximately 700 to 2,000 feet
downgradient of the Fire School Area.
The PFOA and PFOS have Response Levels of 10 and 40 ng/L, respectively.
Concentrations in each of these wells exceeds one or both Response Levels. PFOA
and PFOS were identified by the Office of Environmental Health Hazard Assessment
office as being known to cause reproductive toxicity and were added to the Proposition
1 Tank Farm’s March 15, 2007 Feasibility Study: https://geotracker.waterboards.ca.gov/?surl=4v0wf
2 Newspaper articles (1972 to 1985) documenting Tank Farm fire training activities:
https://geotracker.waterboards.ca.gov/?surl=fr7hg
Union Oil Company - 3 - August 7, 2020
of California
65 list, effective November 10, 2017.3 PFOS, PFOA, and PFHxS are all indicative of an
AFFF source, as would likely have been used in fire training activities focused on
petroleum fires.
Central Coast Water Board Requirement for Investigation Workplan
The Central Coast Water Board requires that Union Oil Company of California submit a
workplan to delineate the vertical and lateral extent of PFAS suspected to be at and
emanating from the SLO Tank Farm. The workplan must (1) propose a scope of work to
investigate the potential presence of and delineate on-site PFAS impacts, (2) to
delineate off-site PFAS impacts if any PFAS impacts are found on-site, and (3) include
a proposed implementation schedule. The workplan must be submitted to the Central
Coast Water Board by September 30, 2020.
Legal Requirements
The Central Coast Water Board’s requirement that Union Oil Company of California
submit the PFAS investigation workplan with a time schedule by September 30, 2020,
is made pursuant to section 13267 of the California Water Code. Pursuant to section
13268 of the Water Code, a violation of a Water Code section 13267 requirement may
subject you to civil liability of up to $1,000 per day for each day in which the violation
occurs.
Under Water Code section 13267(b)(1), in the course of conducting water quality
investigations, the Central Coast Water Board has broad authority to require technical
or monitoring reports from any person who has discharged, discharges, proposes to
discharge, or is suspected of discharging waste that could affect the quality of the
waters of the state. The technical or monitoring reports shall be furnished under penalty
of perjury. The Central Coast Water Board uses the technical or monitoring report
requirement as a tool to investigate water quality issues. The burden, including costs, of
these reports must bear a reasonable relationship to the Central Coast Water Board’s
need for the reports.
Union Oil Company of California is required to submit the PFAS investigation workplan
because as the current property owner of and former operator at the SLO Tank Farm
property, it is responsible for the suspected discharge of waste that could affect the
quality of waters of the state. This information is based on tax assessor property
ownership records. The Central Coast Water Board has reason to suspect, based on a
feasibility study conducted for the property for CEMC and newspaper articles that
identified a fire school area, that historic petroleum fire training activities that likely used
AFFF containing PFAS occurred at the SLO Tank Farm. Additionally, PFAS has been
detected in nearby and downgradient water supply wells.
3 OEHHA Proposition 65 notice for PFOA and PFOS: https://oehha.ca.gov/proposition-65/crnr/chemicals-
listed-effective-november-10-2017-known-state-california-cause
Union Oil Company - 4 - August 7, 2020
of California
The Central Coast Water Board needs the required information to determine the
distribution and concentrations of PFAS in soil and groundwater that may be originating
from the SLO Tank Farm and affecting waters of the state. The burden, including costs,
of the PFAS investigation workplan bears a reasonable relationship to its need and the
benefits to be obtained. More detailed information is available in the Central Coast
Water Board's public file on this matter.
Any person affected by this action of the Central Coast Water Board may petition the
State Water Resources Control Board (State Water Board) to review the action in
accordance with section 13320 of the California Water Code and title 23, California
Code of Regulations, section 2050. The petition must be received by the State Water
Board, Office of Chief Counsel, P.O. Box 100 Sacramento, CA 95812 within 30 days of
the date of this order. Copies of the law and regulations applicable to filing petitions are
available at the State Water Board website.4
If you have any questions, please contact Dan Niles at (805) 549-3355 or by email at
dan.niles@waterboards.ca.gov or Greg Bishop at (805) 549-3132.
Sincerely,
for Matthew T. Keeling
Executive Officer
cc:
Owen Ranta, Chevron Environmental Management Company,
owenranta@chevron.com
Henry Stremlau, Chevron Environmental Management Company,
henry.stremlau@chevron.com
Matthew Keeling, Central Coast Water Board, matt.keeling@waterboards.ca.gov
Thea Tryon, Central Coast Water Board, thea.tryon@waterboards.ca.gov
Dan Niles, Central Coast Water Board, dan.niles@waterboards.ca.gov
Sheila Soderberg, Central Coast Water Board, sheila.soderberg@waterboard.ca.gov
Greg Bishop, Central Coast Water Board, greg.bishop@waterboard.ca.gov
Harvey Packard, Central Coast Water Board, harvey.packard@waterboards.ca.gov
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tank farm pfas 13267 order - 2020-08.docx
4 State Water Board petition instructions:
https://www.waterboards.ca.gov/public_notices/petitions/water_quality/wqpetition_instr.shtml