SITE INFORMATION AND CORRESPONDENCE

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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY Region 9 y 75 Hawthorne Street *`;r,,PA San Francisco CA 94105-3901 March 18, 1999 Marshall Cloud Environmental Protection Office DD-Tracy P.O. Box 960001 Stockton, CA 95296-0250 RE: Administrative Record/Information Repository for DD-Tracy Dear Marshall, It is our understanding that the Defense Logistics Agency is desirous of retiring or archiving the administrative record/information repository for DD- Tracy. EPA is concerned that such an action may not be in accord with CERCLA and NCP requirements. CERCLA 113 (k) (1) requires the establishment of "an administrative record upon which the President shall base the selection of the remedy." NCP 300.800 (b) cites that the lead agency (in this case DLA) compile and maintain the administrative record. NCP 300.600 (a) provides that the record be located at or near the facility. Discussions at our RPM meetings reveal that remedy selection is still ongoing at DD-Tracy. DLA and the regulatory agencies have planned both an Explanation of Significant Difference (ESD) and a ROD Amendment to accommodate further modification to the current remedies. It would seem inappropriate to consider any change in the availability of the Administrative Record until such time as all remedy selection is complete. Moreover, given uncertainties in estimated volumes for soil excavation, it is our opinion that we cannot be reasonably sure that remedy selection is complete until all soil actions are complete. Please note also that the NCP Preamble regarding 300.815 specifically cites pending litigation and community interest as factors in determining length of time an Administrative Record must be available. EPA is aware of a litigious relationships between DD-Tracy and its neighbors. Finally, we are aware of newly discovered pesticide contamination which exceeds action levels. Remedy for this action has yet to be determined.