Shell Oil Products US

Environmental Services
20945 S. Wilmington Avenue
Carson, CA 90810
Tel +1 818 991 5556
Email: eugene.freed@shell.com
Via Messenger and Email

July 29, 2013

Mayor Jim Dear &

Carson City Council
c/o Donesia L. Gause
City Clerk
City of Carson
701 E. Carson Street
Carson, California 90745

Re: Shell’s Objection to City Council Resolution No. 13-081 Concerning the Carousel
Neighborhood

Dear Mayor Dear and Honorable Members of the City Council:

I am writing to express the serious reservations of Shell Oil Company and Shell Oil Products US
(collectively “Shell”) concerning the City Council’s proposed Resolution No. 13-081, which will
be considered at the City Council Special Meeting this evening, and to provide important
information for the City Council’s consideration in connection with the proposed resolution. As
explained below, Shell strongly objects to the adoption of Resolution No. 13-081 and requests
that this letter be included in the record relating to the City Council’s consideration of Resolution
No. 13-081. Shell’s review of the data, and the conclusions of the state and local agencies in
charge of the environmental investigation, indicate that there is no basis for a declaration of
emergency in the Carousel neighborhood.

Shell takes the protection of the Carousel residents and the environment seriously. We have
worked tirelessly to investigate the Carousel property in compliance with all of the requirements
set forth by the Los Angeles Regional Water Quality Control Board (the “Water Board”), which
is in charge of the testing and cleanup process. We have been working as quickly as possible to
address these requirements, and Shell is in compliance with all of the Water Board’s directives
set forth in the Cleanup and Abatement Order (“CAO”). Shell will continue to provide the
necessary resources to comply with the Water Board’s requirements and to complete and
implement the Remedial Action Plan (“RAP”) for the site.
Mayor Dear
Honorable Members of the City Council
July 29, 2013
Page 2

Shell welcomes the opportunity to work with the City of Carson to expedite the testing and
cleanup process in the Carousel neighborhood. However, for purposes of your decision today, it
is important to note that the Water Board and other regulatory and public health agencies have
determined that the extensive testing in the Carousel tract has not shown there to be any
imminent health or safety risks in the neighborhood that would justify a declaration of
emergency.

As the Water Board stated just over two months ago, “[o]ngoing monitoring of methane, and
sampling of soil vapor and groundwater have indicated that there is no immediate health risk to
residents.”1 Moreover, the Executive Officer of the Water Board, Samuel Unger, informed the
City Council in his April 16, 2013 presentation that there is “no indication of vapor intrusion to
date.”2

Shell’s primary concern with respect to the investigation and remediation of the former Kast
Property is, and always has been, the health and safety of the Carousel residents. Shell took
steps early on to personally meet with the residents, hold informational sessions to explain what
was known and what the next steps would be, and began an extensive investigation supervised
by the Water Board. After the related litigation began, Shell’s efforts were hindered by delays in
obtaining access to conduct testing, but Shell pressed hard to resume testing, even seeking
assistance from the Court to get access to continue to perform the necessary sampling work.3
Shell’s commitment to complete the investigation and to move forward with the remediation has
been unwavering.

Shell remains committed to moving as quickly as possible to prepare and submit a Remedial
Action Plan for the Carousel site in accordance with the CAO issued by the Water Board, and to
promptly implement the RAP once it is approved. In fact, Shell has taken steps to speed up the
process, including doubling the number of homes each week where indoor air testing is
performed, and requesting that the Water Board streamline the Excavation Pilot Test so that the
Remedial Action Plan could be prepared and submitted more quickly.

Shell is committed to working with the Water Board and the other appropriate agencies and the
community to complete the investigation and remediation of the Carousel. Nevertheless, for the
reasons set forth below, Shell strongly objects to Resolution 13-081. There is no basis for a
declaration of emergency in the Carousel neighborhood, and the proposed resolution could
interfere with the extensive regulatory efforts of the Water Board and the other agencies to
complete the investigation and move forward with the RAP in a timely manner. The
environmental conditions in the Carousel are already being addressed by Shell working under the

1
Please see the Water Board’s May 2013 Fact Sheet attached as Exhibit 1, which is also
posted on the City’s Carousel website and the Water Board’s GeoTracker website.
2
Please see the excerpts of Mr. Unger’s April 16, 2013 presentation attached as Exhibit
2. This presentation is also posted on the City’s Carousel website.
3
Please see the Indoor Air Sampling Chart and Access Chronology attached as Exhibit 3.
Mayor Dear
Honorable Members of the City Council
July 29, 2013
Page 3

direction of the Water Board, the California Office of Environmental Health Hazard Assessment
(“OEHHA”), the Los Angeles County Fire Department and the other oversight agencies.

Resolution 13-081 is based on a selective and erroneous reliance on a few four-year old data
points from 2009, and ignores both the extensive testing results collected since then and the
conclusions of the agencies in charge of the investigation. Shell’s detailed response to the
comments proffered by the City’s consultants are included in the City Council packet for this
agenda item as Exhibit 6, and Shell urges each City Council member to carefully review Shell’s
responses to the many factual errors and unsupported conclusions contained in the comments
submitted by Dr. Everett, Dr. Wells and S.W.A.P.E.

Accordingly, Shell strongly urges the City Council to reject proposed Resolution No. 13-081 and
instead to engage with the Water Board, OEHHA and the other agencies to better understand the
actual conditions present in the Carousel neighborhood, the status of the investigation and
remediation process, and to take constructive steps to assist, and if possible expedite, that
process.

I. Summary

Shell will explain in detail below the reasons why Resolution No. 13-081 is unsupported and
legally improper. These points are summarized here for the reader’s convenience, but Shell
requests that this entire letter and its exhibits (as well as Shell’s prior July 10, 2013 letter and the
attached table) be reviewed by the members of the City Council and the City staff before
consideration of, and any vote on, the proposed resolution.

 Shell has been conducting this environmental investigation diligently, in compliance with
agency requirements and deadlines, and has been using scientifically accepted, agency-
approved techniques throughout the investigation. The most significant delays have
resulted from suspension of access to residential properties by the residents’ counsel and
consultants and necessary agency reviews of permits for pilot testing work. Because
many of the residents are represented by counsel, Shell is required to arrange all testing
of those properties through their counsel. We will continue to provide the necessary
resources to comply with the Water Board’s requirements.

 The Los Angeles County Department of Health Services and the Water Board have
reviewed the testing results for the Carousel site, and the California EPA Office of
Environmental Health Hazard Assessment (OEHHA) reviews all health risk aspects of
the site work plans, investigation and reporting. The Los Angeles County Fire
Department has reviewed the methane screening results. After analyzing the data from
the extensive testing program conducted under the supervision of the Water Board, none
of these agencies has determined that there is any imminent risk in the Carousel
community.

 The Water Board is the agency that, by State law, has primary jurisdiction over the
investigation and remediation of the Carousel neighborhood. The adoption of the
Mayor Dear
Honorable Members of the City Council
July 29, 2013
Page 4

proposed resolution by the City Council, as well as the acts contemplated in the
resolution, will improperly interfere with the authorized activities of the Water Board and
the other agencies overseeing the investigation.

 The Water Board has acted deliberately and with all due speed in reviewing the work
plans, reports and testing data Shell has submitted. These documents number in the
hundreds due to the complexity of the investigation and the size of the site. The Water
Board has issued a Cleanup and Abatement Order for the site, which specifies specific
steps, reports and sampling that Shell is required to complete before submitting the
Remedial Action Plan for the site. A few months ago, Shell submitted the required Site-
specific Cleanup Goals Report, which has been the subject of comments by the City and
is being reviewed by the Expert Panel appointed by the Water Board. Once that report
and any necessary changes are approved by the Water Board, Shell will promptly prepare
and submit a RAP for the site. Once the RAP has been approved by the Water Board and
the other agencies, it will direct Shell’s remediation of the residential properties in the
Carousel.

 There is no factual basis whatsoever for declaring that emergency conditions exist in the
Carousel neighborhood. The conditions at the site have existed for 45 years without any
known explosions or fires due to methane from the soil. The two data points cited by the
City were obtained in 2009 at depth beneath two streets in the Carousel, and not from
residential properties. Neither data point indicates that there is an imminent risk to the
health and safety of Carousel residents. Nor has there been any recent “incident” that
would justify a declaration of emergency.

 Since 2009, Shell has collected over 15,000 soil, soil vapor, indoor air, outdoor air and
groundwater samples from the residences and public areas in the Carousel and from
nearby areas. The Water Board, OEHHA, the Los Angeles County Department of Public
Health and the Los Angeles Fire Department have all received this data and no agency
has concluded that any imminent public health or safety risk exists in the Carousel
neighborhood.

 In addition to being without factual support, adoption of Resolution No. 13-081 would be
without any valid legal basis. According to statute, a declaration of a state of “local
emergency” may only be made when there has been a specified incident that constitutes a
“condition of disaster or extreme peril” requiring State and/or Federal assistance. Gov’t.
Code § 8558(c); see also Carson Municipal Code § 3701. Here, by contrast, all of the
agencies that have reviewed the extensive testing in the Carousel have concluded that the
environmental conditions in the Carousel do not pose an imminent risk to the health and
safety of the residents.

 In order to obtain aid from the State or the Federal government, the City must submit a
request for aid within 10 days of the incident giving rise to the emergency. Gov’t. Code
§ 8685.2. The request must then be renewed every 30 days until the conditions end.
Mayor Dear
Honorable Members of the City Council
July 29, 2013
Page 5

Gov’t. Code § 8630(c). However, the environmental conditions have existed in the
Carousel since the residential properties were first developed by the developers
approximately 45 years ago. Moreover, the two data points cited by the City as justifying
the adoption of an emergency resolution were obtained over four years ago, and there
have been no recent changes or incidents that would justify a current state of emergency.
To the contrary, all of the extensive testing since 2009 has established that there is no
state of emergency or imminent hazard at the site.

II. The Environmental Conditions in the Carousel Do Not Constitute an Emergency

There is no factual basis for adopting Resolution No. 13-081.

A. Methane:

The single data point cited by the City regarding methane does not indicate an imminent threat to
the health and safety of the Carousel residents. The City states that methane has been detected
“at concentration levels as high as 59.7% by volume,” but that sample, which was taken at depth
beneath a street, was collected on July 2, 2009—over four years ago. For the following reasons,
all of the agencies that have reviewed this detection, together with the extensive methane
monitoring data that Shell and the Los Angeles County Fire Department have subsequently
collected at the site, have determined that the conditions in the Carousel neighborhood do not
pose a risk of explosion.

 The methane concentration cited by the City was detected in a sample taken at a depth of
5 feet from beneath a public street. It was not detected on a residential property beneath a
home. Methane at this depth exists in pore space within the soils. As the Water Board
and other agencies have confirmed, methane under these conditions (within the fine-
grained soils underlying the site) is not combustible, much less explosive.

 As methane migrates upward through soil, the levels naturally decrease through
biodegradation. Samples taken at a depth of 1 foot below ground surface adjacent to this
same location on three occasions have ranged from 0.0026% to 2% methane, all of which
are below the lower explosive limit.

 Shell has monitored 69 utility boxes, vaults, storm drains, and sewer manholes within and
adjacent to the Carousel Community on 11 occasions since August 2009. These are the
public locations that are the mostly likely public places that might accumulate methane.
The highest total organic vapor concentrations, including methane, measured at these
locations using a flame ionization detector were 7.7 and 22.8 parts per million by volume
(ppmv), respectively, well below the lower explosive limit. Methane was detected during
this monitoring in the percent range in only two of the 700 measurements, and those
results were at a maximum concentration of 0.2% methane, far below the lower explosive
limit. Methane readings in the remaining 698 measurements taken in the Carousel
neighborhood were 0.0% methane.
Mayor Dear
Honorable Members of the City Council
July 29, 2013
Page 6

 Methane screening at 266 homes in the Carousel neighborhood has not found any
methane hazards from methane due to the petroleum impacts at the site. Methane has not
been detected in the laboratory analyses of any of the 847 indoor air samples analyzed in
the laboratory for fixed gases through June 19, 2013.

 Sub-slab soil vapor samples have been collected at residential properties and analyzed for
methane since September 2009. Over this time period, samples have been collected
during periods of rising, falling, and stable barometric pressure. Some locations with
elevated methane in the sub-slab soil gas were identified. However, with only one
exception, all elevated methane detections were due to natural gas line leaks and a
possible sewer line leak and were not related to petroleum hydrocarbons present in soil at
the site. In the single case where the presence of methane in sub-slab soil vapor exceeded
the conservative screening level set by the agencies and was attributed to degradation of
petroleum hydrocarbons, Shell installed a methane mitigation system under agency
supervision according to an agency-approved work plan. Even in that instance, the
system was installed out of an abundance of caution as a protective measure, and not
because it was determined that there was any substantial risk of a methane explosion.

It is inappropriate for the City to rely on a single data point from 2009 to conclude that
emergency conditions exist in the Carousel neighborhood, and to wholly disregard the extensive
methane data collected since that time. As noted above, the Water Board recently stated in its
May 2013 Fact Sheet, “Ongoing monitoring of methane, and sampling of soil vapor and
groundwater have indicated that there is no immediate health risk to residents.”

Similarly, the Los Angeles County Fire Department has performed its own methane monitoring
and has been provided with all of the methane data Shell has obtained, and it has not found that
any explosive threat exists in the Carousel neighborhood.

Given the extensive data that demonstrate that no explosive threat exists in the Carousel, and
there have been no explosions in the 45 years since the neighborhood was built, there is no basis
for declaring that emergency conditions exist in the Carousel neighborhood.

B. Benzene:

Regarding benzene, the City again cites a single data point obtained in 2009 from a sample
located five feet beneath a street. As explained below, Shell has performed indoor air sampling
and soil vapor testing at over 237 homes and none of the data obtained support a condition of
emergency in the Carousel neighborhood.

 The benzene concentration cited by the City was taken four years ago from a soil vapor
probe installed at 5 feet below ground surface in 244th Street, and was not from a
residential property or beneath a home. This concentration has not been replicated in
multiple sampling events at nearby probes.
Mayor Dear
Honorable Members of the City Council
July 29, 2013
Page 7

 Benzene concentrations detected in 847 indoor air samples that have been analyzed
through June 19, 2013 are reflective of background concentrations that are typically
observed in homes due to benzene in outdoor air or associated with household product
use. Benzene levels detected during indoor air sampling do not appear to be driven by
the environmental conditions in the soil beneath the homes. The Water Board and
OEHHA have reviewed the residential testing data and concluded that the soil impacts do
not appear to be contributing to benzene levels in the homes in the Carousel.

 The Water Board stated in its December 31, 2012 letter to Congresswoman Janice Hahn,
“To date, … the tests show that indoor air quality is equivalent to outdoor air ambient air
quality, indicating that vapor is not entering the residences from the subsurface
contamination.”4 Similarly, as noted above, during his April 16, 2013 presentation to the
City Council, Mr. Unger, the Executive Officer of the Water Board, concluded that there
is “no indication of vapor intrusion to date.”

 While benzene has been detected in the soil and soil vapor at some residences, the levels
detected are much lower than the single data point relied upon by the City and are not
supportive of a declaration that emergency conditions exist in the Carousel neighborhood.
The issue of how to address the presence of benzene and other substances in the soil was
the purpose of the Pilot Tests that Shell conducted in 2010 through 2012, and will be
addressed in the Remedial Action Plan that Shell will submit after the Site-specific
Cleanup Goals Report has been approved by the Water Board.

Thus, the single data point from 2009 cited by the City is not representative of the actual
conditions that exist in homes in the Carousel neighborhood. Consideration of the entire set of
sampling data that has been obtained from throughout the Carousel neighborhood since 2009
does not support a declaration that emergency conditions exist.

C. Other Compounds:

The City also makes reference to the presence of “other dangerous chemicals and heavy metals”
in the yards of Carousel residences. While there are some residences where compounds relating
to petroleum hydrocarbons or metals have been detected at levels above the applicable
conservative screening levels that have been set by the agencies, the presence of these substances
do not present an imminent risk justifying a state of emergency. The screening levels are
developed assuming conservative scenarios of direct exposure to soil on a daily basis (350 days
per year) for 30 years. The agencies have concluded that while there are steps residents can take
to reduce their potential exposure pending a full Human Health Risk Assessment for the
property, there is no immediate risk. Moreover, elevated concentrations are more prevalent at
depth than in the surface soil. Because people rarely come into contact with soil below two feet

4
A copy of the Water Board’s December 31, 2012 letter to Representative Hahn is
attached as Exhibit 4, and is posted on the Water Board’s GeoTracker website.
Mayor Dear
Honorable Members of the City Council
July 29, 2013
Page 8

in their yards, the presence of compounds at these deeper depths do not pose an imminent risk to
the health and safety of the residents. When excavations have occurred, Shell has provided air
quality monitoring and has arranged for proper soil disposal is any impacts have been found.

In the Remedial Action Plan, Shell will propose techniques for addressing the soil conditions that
exist at the Carousel and that are related to its historical use of the site. A full Human Health
Risk Assessment will be done in connection with the RAP, and both documents will be reviewed
by the Water Board, OEHHA, the Los Angeles County Department of Public Health and other
applicable agencies. The RAP and Human Health Risk Assessment will also be reviewed by the
Expert Panel selected by the Water Board and will be subject to public comment, and the RAP
will undergo environmental review under the California Environmental Quality Act. Any
cleanup plan selected by the agencies will be protective of human health. A declaration of
emergency would undermine and interfere with this comprehensive regulatory process.

As discussed above, while in certain cases residents have been advised to avoid or minimize
contact with surface or subsurface soils that exceed the conservative screening levels set by the
agencies, this does not suggest that emergency conditions exist or that the residents face an
imminent risk from the conditions in the soil. Instead, this language was requested by the Water
Board based on very conservative screening levels. The language was included as an interim
way residents could take steps to minimize their potential exposure pending a more detailed
property-specific health risk assessment and the development and implementation of remediation
if necessary. No resident has been advised by Shell or the Water Board not to use or play in their
yard.

III. The Requirements for Adopting a Declaration of Local Emergency Do Not Exist

For the reasons stated above, the conditions in the Carousel do not justify the adoption of
Resolution No. 13-081. A declaration of a state of “local emergency” may only be made when
there exist “conditions of disaster or extreme peril” requiring State and/or Federal assistance.
Gov’t. Code § 8558(c); see also Carson Municipal Code § 3701. Such conditions include acute
events such as fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage,
plant or animal infestation or disease, earthquake or volcanic eruption. Here, all of the agencies
that have reviewed the extensive testing in the Carousel neighborhood have concluded that the
environmental conditions do not pose an imminent risk to the health and safety of the residents.
Given these agency findings, the lack of any evidence showing any vapor intrusion into the
residences, and the fact that these conditions have existed in the Carousel for 45 years and have
not resulted in any known methane explosions, the City cannot meet the requirement that there
are “conditions of disaster or extreme peril.”

In order to obtain aid from the State or the Federal government, the City must submit a request
for aid within 10 days of the incident giving rise to the emergency. Gov’t. Code § 8685.2. The
request must then be renewed every 30 days until the conditions end. Gov’t. Code § 8630(c).
Contrary to the City’s factually unsupported assertion that the conditions in the Carousel arose
“on or about 7:00 p.m. on the 18th day of July, 2013” (which was merely the date of the
workshop held by the City Council), the environmental conditions have existed in the Carousel
Mayor Dear
Honorable Members of the City Council
July 29, 2013
Page 9

since the time the residential housing developers demolished the former oil reservoirs, graded the
site and constructed and sold the homes approximately 45 years ago. Moreover, the two 2009
data points cited by the City as justifying the adoption of an emergency resolution were obtained
over four years ago, were widely distributed and available to the City since 2009, and cannot
justify a state of emergency in the face of all of the other extensive data that has been collected at
the site.

IV. Shell Has Diligently Proceeded with the Investigation and the Steps Required in the
Cleanup and Abatement Order

Contrary to the assertion that Shell and the Water Board have not acted in a timely and effective
manner, Shell has been diligently conducting the environmental investigation of the Carousel,
and is in compliance with the requirements and deadlines established by the Water Board. By
State law, the Water Board is the agency with the expertise and the primary jurisdiction to
supervise and direct the investigation and remediation of the Carousel site.

This environmental investigation is of unusual size, scope and complexity. The most significant
delays have resulted from the repeated suspensions of access to residential properties by the
residents’ counsel and consultants and necessary agency reviews of permits for pilot testing
work. Because many of the residents are represented by counsel, Shell is required to arrange all
testing of those properties through their counsel. Whenever access has been suspended, Shell
has pressed hard to resume testing, even seeking relief from the Court when necessary. (See
Exhibit 3.)

Shell’s investigation of residential properties in the Carousel neighborhood has included indoor
methane screening, soil sampling, sub-slab soil vapor sampling, and both indoor and outdoor air
sampling at each property where access has been granted.

 Through July 19, 2013, Shell has performed indoor methane screening at 266 homes, soil
sampling at 265 homes, and sub-slab soil vapor sampling at 264 of the 285 homes in the
Carousel neighborhood.

 Shell has performed at least a single round of indoor air sampling at 237 residences and it
has performed a second round of indoor air sampling at 106 residences. In addition, over
609 outdoor air samples have also been collected and analyzed during the investigation
so far. This sampling has been done at all times of the year and under various weather
conditions.

 As of July 19, 2013, 93% of the homes in the Carousel neighborhood have completed
methane screening, soil testing, and soil vapor sampling, and 83% of the homes have
completed the first round of indoor air testing. Approximately 40% of the homes have
completed the second round of indoor air testing, and the testing program is continuing at
the rate of 8 homes per week, as access is granted by the homeowners.
Mayor Dear
Honorable Members of the City Council
July 29, 2013
Page 10

 Shell has provided alternative accommodations for residents during the indoor air
sampling process and has compensated them for any inconvenience due to the testing.

 Shell has collected and analyzed more than 2,308 sub-slab soil vapor samples at
residential properties and over 477 soil vapor samples throughout the Carousel
neighborhood at depths ranging from 1 to 50+ feet below the ground surface.

 Shell has also collected and analyzed over 11,200 soil samples so far from 2,485
locations at 265 properties.

 The sampling procedures, sampling density and selection of the sampling locations at
each residence are being done according to agency-approved work plans in accordance
with applicable agency guidance. All samples are analyzed by independent certified
laboratories.

 The results of all testing are reported to the Regional Board, publicly posted on the
Regional Board’s GeoTracker website, and provided to the residents for the homes tested
and/or their counsel, if they are represented.

 Multiple samples have been collected from each property where access for sampling has
been granted, including multiple rounds of soil gas sampling, to monitor soil gas over
time. Shell’s sampling program is ongoing as access is granted.

 Shell has also performed extensive testing in the public rights-of-way in the Carousel and
in public spaces in the areas adjacent to the Carousel (including the Monterey Pines and
Island-Fries neighborhoods and the railroad right-of-way to the north) and at Wilmington
Middle School.

Shell is in full compliance with the requirements set forth in the Cleanup and Abatement Order
issued by the Water Board.

 Shell has completed the required offsite delineation of the impacts related to its historical
use of the former Kast property and the actions taken by the developers after Shell sold
the site. To the extent any onsite delineation remains to be performed, it is dependent on
Shell obtaining access to the remaining properties that have not yet been tested.

 Shell has continued to conduct quarterly groundwater monitoring and has reported the
results to the Water Board, which are also posted online and accessible to the public.

 At the Water Board’s direction, Shell has developed and implemented a series of Pilot
Tests of potential remedial technologies, including different excavation approaches, soil
vapor extraction, in-situ chemical oxidation and bioventing. These Pilot Tests have
yielded valuable information that will be used in the RAP to assess and select the
Mayor Dear
Honorable Members of the City Council
July 29, 2013
Page 11

appropriate remedies for the site. At Shell’s request, the Water Board agreed to
streamline the excavation Pilot Tests in order to move more quickly toward preparation
of the RAP. Shell timely submitted part 1 of the Final Pilot Test Report on May 30,
2013, and is scheduled to submit part 2 by August 30, 2013. (Part 2 will address an
expanded bench test requested by the Water Board to further evaluate the potential
application of in-situ chemical oxidation for the site.)

 As directed in the CAO, Shell performed an investigation of the residual concrete floors
from the former reservoirs that are buried 8- to 10-feet below certain areas of the
Carousel, and submitted a Concrete Slab Environmental Impact Assessment Report to the
Water Board on June 28, 2013. This report analyzes the impact of the remaining
concrete floors and the feasibility of removing them from the site. Shell concluded that
the floors are not a source of further oil releases, have no adverse impact, and that it
would be infeasible and unnecessary to remove them.

 As required by the CAO, on February 22, 2013, Shell timely submitted its Site-specific
Cleanup Goals Report, which is under review by the Water Board. Once the Water
Board reviews the comments submitted on the report by the City and the Expert Panel
appointed by the Water Board, it will issue a letter discussing any proposed revisions to
the cleanup goals. Shell will consider the comments and, if necessary, submit a revised
report that addresses any issues raised by the Water Board.

 Shell anticipates that the Water Board will approve cleanup goals for the Carousel
neighborhood in the next few months. As required by the CAO, within 45 days after the
final Site-specific Cleanup Goals Report is approved, Shell will prepare and submit the
Remedial Action Plan for the site. The RAP will include a proposed approach for
addressing the environmental conditions in the Carousel neighborhood. Once the final
RAP has been approved by the Water Board and the CEQA environmental review
process is complete, Shell will initiate remediation activities at the residences within the
Carousel as quickly as reasonably possible.

Given Shell’s diligence and compliance with the Cleanup and Abatement Order, the City’s
adoption of an emergency declaration demanding the Water Board to “order and require Shell to
fully comply” with the Cleanup and Abatement Order would be unnecessary and unproductive,
as well as factually unsupported.

Shell is already fully complying with the directives of the Water Board in implementing the
CAO, and any other action or directive that might be issued by the City would conflict with the
statutory authority, expertise and primary jurisdiction of the Water Board, OEHHA, the Los
Angeles County Department of Public Health and the Los Angeles County Fire Department,
which are all effectively supervising the investigation.
Mayor Dear
Honorable Members of the City Council
July 29, 2013
Page 12

V. Conclusion

Shell hopes to work with the City of Carson to expedite the testing and cleanup process in the
Carousel neighborhood. As can be seen by the information provided above, Shell has acted
diligently to address all of the requirements in the Cleanup and Abatement Order in a timely
manner, and is in compliance with the CAO.

Shell takes the protection of the Carousel residents and the environment seriously. The Water
Board and the other agencies have determined that there are no imminent health risks in the
neighborhood based on extensive methane screening and soil, soil vapor, indoor air, and
groundwater testing throughout the Carousel neighborhood and the adjacent areas.
Since the beginning of the investigation Shell has been focused on complying with all of the
requirements and directives of the Water Board. We will continue to do so and look for
opportunities to expedite completion of the sampling and RAP process.

Shell has devoted significant resources toward this goal, and will continue to devote the
resources required to complete the investigation of the Carousel site and implement the approved
RAP in a manner that is protective of the public while maintaining and preserving the Carousel
neighborhood.

For the all of the reasons explained above, Shell urges the City Council to reject proposed
Resolution No. 13-081.

Sincerely,

Gene Freed
Project Manager
Shell Oil Products US

Attachments
cc: Jackie Acosta, Acting City Manager (Via Email)
William Wynder, City Attorney (Via Email)
Samuel Unger, Los Angeles Regional Water Quality Control Board (Via Email and
U.S. Mail)
James Carlyle, OEHHA (Via Email)
Los Angeles County Department of Public Health (Via Email)
Los Angeles County Fire Department (Via Email)
  
 
State of California  
Los Angeles Regional Water Quality Control 
Board 
 
FACT SHEET 
May 2013 
 
Update: Next Steps for the Investigation and 
Cleanup of the Carousel Tract Community 
 
 
    
   
 
Introduction 
This Fact Sheet has been prepared to provide  COMMUNITY OPEN HOUSE 
you with an update on the status of the  Monday, June 10, 2013 at 6 p.m. 
environmental investigation and cleanup  Carson Community Center 
activities being conducted at the Carousel Tract  Community Hall C 
community located in the City of Carson. In  801 East Carson Street 
addition, this fact sheet contains information  Carson, CA 90745 
 
about technical milestones and upcoming 
The Regional Board will host a community open 
opportunities for public input.   house to discuss project activities being 
  conducted at the Carousel Tract community. The 
By the end of 2013, Shell Oil Products US (Shell)  Regional Board recommends that you attend this 
will be required to submit a cleanup strategy,  open house to learn about and provide input on 
called a Remedial Action Plan (or RAP), that  the activities associated with the investigation and 
details how Shell will go about cleaning residual  cleanup at the site.  
 
oil and other wastes in soil and groundwater in 
PUBLIC COMMENT PERIOD 
the community that was caused by activities at 
Comments will be accepted through June 24 
the Former Kast Tank Farm Property.  The Los  The Site‐Specific Cleanup Goal Report is available 
Angeles Regional Water Quality Control Board  for public review at the locations listed on page 3 
(Regional Board) oversees the investigation and  of this Fact Sheet. The Regional Board will make a 
cleanup activities at the Carousel Tract  final decision on the Site‐Specific Cleanup Goal 
community to assure that all environmental  Report after all public comments have been 
work is conducted in a thorough manner that is  reviewed.  Please submit written comments 
most protective of human health and the  postmarked on or before June 24, 2013 to:  
 
environment.   
Cynthia Miller, Public Participation Specialist 
  320 W. 4th Street Suite 200, Los Angeles, CA 90013 
At this time, the Regional Board is encouraging  Comments submitted via email should be sent to: 
public review and comment on a document  cynthia.miller@waterboards.ca.gov 
called the Site‐Specific Cleanup Goal Report.  

EXHIBIT 1
What is a Site‐Specific Cleanup Goal?  Where We Are In The Site Cleanup Process 
A Site‐Specific Cleanup Goal is the standard   
that the cleanup must meet to assure   
protection of the health of people in the    Identify potential 
community, and protection of the    source area 
 
environment.   Shell will be required to clean 
 
soil and groundwater in the community to a 
 
level that meets the established cleanup goal 
 
for the Carousel Tract community. Before the  Determine nature 
 
Regional Board considers the site fully  Investigation 
  and extent of 
remediated, confirmation of soil and       Stages 
  discharge 
groundwater sampling will be performed to   
ensure that the cleanup goal has been   
 
achieved.   
 
  Evaluate potential 
 
The Site‐Specific Cleanup Goal Report, currently  risks to public 
 
available for public review and comment, was  health and the 
 
prepared by Shell pursuant to the Cleanup and    environment  
Abatement Order issued by the Regional Board.   
The Site‐Specific Cleanup Goal Report will be    
used to determine the methods and extent of             30‐day public 
 

remediation, which will be detailed in a RAP    We Are  Set cleanup goals  review and 

Here 

that will be prepared in the upcoming months.     comment 
  period 
Update on Environmental Investigation   
The Regional Board’s investigation priorities for   
the Carousel Tract community have focused on        Select an effective 
determining whether the community is safe    remedy (RAP) and  30‐day public 
using the following criteria:      Cleanup 
  compliance with   review and 
        Stages 
  California  comment 
    Environmental  period 
• Are residents breathing vapors from soil 
  Quality Act process 
and groundwater contamination? 
 
• Is the accumulation of methane posing a   
threat to residents’ safety?   
• Is the drinking water contaminated?   
Implement the  Community is 
   
remedy  notified 
Ongoing monitoring of methane, and sampling   
of soil vapor and groundwater have indicated    
   

EXHIBIT 1
that there is no immediate health risk to  Information Resources 
residents. Since 2008, more than 14,000  The Regional Board invites and encourages you 
samples of soil, groundwater, and indoor air  to learn more about this site and to comment 
on its investigation. Work plans, sampling 
have been collected and analyzed. Results of all 
results, and assessment reports for the site are 
sampling, including indoor air sampling  available for public review. For your 
conducted in homes can be requested by  convenience, relevant project documents have 
contacting Regional Board staff, or can be  been placed at the Carson Public Library. The 
viewed online by going to:  complete administrative file for this project is 
http://www.waterboards.ca.gov/losangeles/  available for review at the Regional Board’s 
Kast/index.shtml.  office and on the website listed below.  
 
 
Carson Public Library 
Next Steps  151 E. Carson St. 
At the end of the public comment period for  Carson, CA 90745‐2797 
the Site‐Specific Cleanup Goal Report, the  (310) 830‐0901 
Regional Board and the Office of Environmental  Mon. – Thu.: 10 a.m. ‐ 8 p.m., Fri.: 10 a.m. ‐ 6   
Health Hazard Assessment will review and  p.m., Sat.: 10 a.m. ‐ 5 p.m., Sun.: 1 p.m. ‐ 5 p.m. 
consider all public comments received. If   
necessary, Shell will make revisions to the  Los Angeles Regional Water Quality Control 
Board 
Report prior to final approval. A Response to 
320 West 4th Street, Suite #200 
Comments document will be mailed to those  Los Angeles, CA 90013 
who provide contact information with their  By appointment, please call (213) 576‐6600  
comment submission.  or fax your request to (213) 576‐6717 
   
Once the Site‐Specific Cleanup Goal Report is  The administrative file for the site can be 
viewed by going to: 
approved, the Regional Board will direct Shell 
http://www.waterboards.ca.gov/losangeles/ 
to prepare the RAP which will detail how Shell  Kast/index.shtml 
proposes to accomplish cleanup of the Carousel   
Tract community.  The RAP and other  For More Information On This Site 
documents, including, as necessary California  Teklewold Ayalew, PhD, PG 
Environmental Quality Act (CEQA) documents,  Regional Board Project Manager 
will be made available to the public for review  (213) 576‐6739 
and comment.  tayalew@waterboards.ca.gov 
   
Cleanup of the Carousel Tract community will  Cynthia Miller 
begin once the Regional Board issues an  Regional Board Public Participation Specialist 
approval of the RAP and completes the CEQA  (213) 576‐6694 
documents.   cynthia.miller@waterboards.ca.gov 
 

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