2.
Response
to
Comments
2.9
Individual
Responses
to
Comments
from
Organizations
To
say
that
contamination
within
portions
of
the
Baylands
may
be
less
than
at
other
locations
does
not
underplay
human
health
risks
associated
with
contamination
within
the
Baylands.
Pursuant
to
their
statutory
and
regulatory
authority,
the
RWQCB
and
DTSC
will
determine
cleanup
standards
based
on
human
health
risk
assessments
for
the
lands
uses
determined
by
the
City
of
Brisbane
to
be
appropriate
within
the
Baylands.
Those
areas
where
remediation
has
not
occurred
to
date
or
remedial
objectives
have
not
been
achieved
or
where
the
remedial
objectives
will
be
more
stringent
due
to
proposed
land
uses
will
be
remediated
prior
to
site
development.
See
for
discussion
regarding
the
adequacy
of
existing
studies
to
characterize
baseline
hazardous
materials
conditions
within
the
Baylands
for
use
in
the
Draft
EIR.
As
discussed
1
and
the
Brisbane
Baylands
EIR
is
a
programmatic
document
that
analyzes
the
impacts
of
proposed
development
within
the
Baylands
early
in
the
planning
process.
Peer
reviews
of
the
hazardous
materials
studies
previously
undertaken
for
the
Baylands
by
CDM
Smith
and
Susan
Mearns,
Ph.D.,
as
part
of
the
preparation
of
the
EIR
determined
that
the
information
and
level
of
detail
provided
in
those
previous
studies,
including
the
2012
Geosyntec
summary
report,
were
adequate
for
use
in
the
Brisbane
Baylands
EIR.
Additional
studies
and
analyses,
including
human
health
risk
assessments
and
subsequent
CEQA
documentation,
will
be
undertaken
under
the
regulatory
authority
of
the
RWQCB
and
DTSC
based
on
the
land
uses
determined
by
the
City
of
Brisbane
to
be
appropriate
for
the
Baylands.
Table
4.G-5
reports
the
maximum
concentrations
of
constituents
from
a
groundwater
sampling
event
conducted
in
2008
and
reported
in
2010,
and
identified
as
baseline
data
as
the
groundwater
contamination
in
2010
was
stable
when
compared
to
these
2008
data.
The
Draft
EIR
also
states,
“Regardless
of
the
specific
land
uses
as
ultimately
approved
for
the
OU-
2
area,
remediation
must
occur”
with
regard
to
soi
l
and
groundwater
contamination.
The
DTSC
and
RWQCB
are
the
regulatory
lead
agencies
for
remediation
within
the
Brisbane
Baylands,
and
will
independently
set
and
ensure
remediation
objectives
are
met.
Development
within
the
Baylands
will
not
be
permitted
until
landfill
closure
and
site
remediation
are
completed
as
described
in
Mitigation
Measure
4.G-2a.
The
term
“tank
farm”
is
standard
practice
within
the
oil,
refinery,
environmental,
and
regulatory
industry
to
describe
aboveground
tanks.
A
description
of
the
Kinder
Morgan
tank
farm
and
related
contamination
is
provided
on
page
4.G-64
of
the
Draft
EIR.
Please
also
see
21
for
discussion
of
land
use
compatibility
between
the
tank
farm
and
the
Baylands.
Brisbane
Baylands
Final
EIR
2.9.1-52
May
2015