[Federal Register: August 9, 2007 (Volume 72, Number 153)]
[Rules and Regulations]
[Page 44787-44790]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09au07-20]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-R04-SFUND-2007-0613; FRL-8451-4]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final notice of deletion for the Rochester Property
Superfund Site from the National Priorities list.
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SUMMARY: EPA Region 4 is publishing a direct final notice of deletion
of the Rochester Property, Superfund Site (Site), located in Travelers
Rest, South Carolina, from the National Priorities List (NPL). The NPL,
promulgated pursuant to section 105 of the Comprehensive Environmental
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended,
is appendix B of 40 CFR part 300, which is the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP). This direct
final notice of deletion is being published by EPA with the concurrence
of the State of South Carolina, through the South Carolina Department
of Health and Environmental Control (SCDHEC) because EPA has determined
that all appropriate response actions under CERCLA have been completed
and, therefore, further remedial action pursuant to CERCLA is not
appropriate.
DATES: This direct final notice is effective October 9, 2007 without
further notice, unless EPA receives adverse comment by September 10,
2007. If adverse comment is received, EPA will publish a timely
withdrawal of the direct final notice in the Federal Register and
inform the public that the notice will not take effect.
ADDRESSES: Submit your comments, identified by EPA-R04-SFUND-2007-0613,
by one of the following methods:
1. http://www.regulations.gov: Follow the on-line instructions for
submitting comments.
2. E-mail: webster.donna@epa.gov.
3. Fax: (404) 562-8788.
4. Mail: EPA-R04-SFUND-2007-0613, Superfund Remedial & Site
Evaluation Branch, Superfund Division, U.S. Environmental Protection
Agency, Region 4, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960.
5. Hand Delivery or Courier: Donna K. Webster, Remedial Project
Manager, Superfund Remedial & Site Evaluation Branch, Superfund
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960. Such deliveries are only
accepted during the Regional Office's normal hours of operation. The
Regional Office's official hours of business are Monday through Friday,
8:30 to 4:30, excluding federal holidays.
Instructions: Direct your comments to EPA-R04-SFUND-2007-0613.
EPA's policy is that all comments received will be included in the
public docket without change and may be made available online at
http://www.regulations.gov, including any personal information provided,
unless the comment includes information claimed to be Confidential
Business
[[Page 44788]]
Information (CBI) or other information whose disclosure is restricted
by statute. Do not submit through http://www.regulations.gov or e-mail,
information that you consider to be CBI or otherwise protected. The
http://www.regulations.gov Web site is an ``anonymous access'' systems, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to EPA without going through http://www.regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses. For additional
information about EPA's public docket visit the EPA Docket Center
homepage at http://www.epa.gov/epahome/dockets.htm.
Docket: All documents in the electronic docket are listed in the
http://www.regulations.gov index. Although listed in the index, some
information is not publicly available, i.e., CBI or other information
whose disclosure is restricted by statute. Certain other material, such
as copyrighted material, is not placed on the Internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available either electronically in http://www.regulations.gov or
in hard copy at the U.S. Environmental Protection Agency, Region 4, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. EPA requests that if
at all possible, you contact the person listed in the for further
information contact section to schedule your inspection. The Regional
Office's official hours of business are Monday through Friday, 8:30 to
4:30 excluding legal holidays.
Comprehensive information on this Site is available through the
Region 4 public docket, which is available for viewing at the Rochester
Property Site information repositories at two locations. Locations,
contacts, phone numbers and viewing hours are:
Rochester Property Site Repository, Travelers Rest Library, 17
Center Street, Travelers Rest, SC 29690, Hours: Monday through
Thursday--9 a.m. until 9 p.m., Friday and Saturday--9 a.m. until 6 p.m.
U.S. EPA Record Center, Attn: Ms. Debbie Jourdan, Atlanta Federal
Center, 61 Forsyth Street, SW., Atlanta, Georgia 30303-8960, Phone:
(404) 562-8862, Hours 8 a.m. to 4 p.m., Monday through Friday by
appointment only.
FOR FURTHER INFORMATION CONTACT: Donna K. Webster, Remedial Project
Manager, Superfund Remedial & Site Evaluation Branch, Superfund
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth
Street, SW., Atlanta, Georgia 30303-8960, Phone: (404) 562-8870,
Electronic Mail: webster.donna@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 4 is publishing this direct final notice of deletion of
the Rochester Property Superfund Site from the NPL.
The EPA identifies Sites that appear to present a significant risk
to public health or the environment and maintains the NPL as the list
of those Sites. As described in the Section 300.425(e)(3) of the NCP,
Sites deleted from the NPL remain eligible for remedial actions if
conditions at a deleted Site warrant such action.
Section II of this document explains the criteria for deleting
Sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the Rochester Property Superfund
Site and demonstrates how it meets the deletion criteria. Section V
discusses EPA's action to delete the Site from the NPL unless adverse
comments are received during the public comment period.
II. NPL Deletion Criteria
Section 300.425(e) of the NCP provides that releases may be deleted
from the NPL where no further response is appropriate. In making a
determination to delete a Site from the NPL, EPA shall consider, in
consultation with the State, whether any of the following criteria have
been met:
i. Responsible parties or other persons have implemented all
appropriate response actions required;
ii. All appropriate Fund-financed (Hazardous Substance Superfund)
response under CERCLA has been implemented, and no further response
action by responsible parties is appropriate; or
iii. The remedial investigation has shown that the release poses no
significant threat to public health or the environment and, therefore,
the taking of remedial measures is not appropriate.
Even if a Site is deleted from the NPL, where hazardous substances,
pollutants, or contaminants remain at the deleted Site above levels
that allow for unlimited use and unrestricted exposure, CERCLA section
121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the Site
be conducted at least every five years after the initiation of the
remedial action at the deleted Site to ensure that the action remains
protective of public health and the environment. In the case of this
site, the selected remedy is protective of human health and the
environment. EPA has determined that all remedial action objectives and
cleanup goals have been attained, that all cleanup actions are
completed at this site, and there are no hazardous substances,
pollutants, or contaminants remaining at the site above levels that
allow for unlimited use and unrestricted exposure. If new information
becomes available which indicates a need for further action, EPA may
initiate remedial actions. Whenever there is a significant release from
a Site deleted from the NPL, the deleted Site may be restored to the
NPL without application of the hazard ranking system.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) The EPA consulted with the State of South Carolina on the
deletion of the Site from the NPL prior to developing this direct final
notice of deletion.
(2) South Carolina concurred with deletion of the Site from the
NPL.
(3) Concurrently with the publication of this direct final notice
of deletion, a notice of the availability of the parallel notice of
intent to delete published today in the ``Proposed Rules'' section of
the Federal Register is being published in a major local newspaper of
general circulation at or near the Site and is being distributed to
appropriate federal, state, and local government officials and other
interested parties; the newspaper notice announces the 30-day public
comment period concerning the notice of intent to delete the Site from
the NPL.
(4) The EPA placed copies of documents supporting the deletion in
the Site information repositories identified above.
(5) If adverse comments are received within the 30-day public
comment period on this document, EPA will publish a timely notice of
withdrawal of
[[Page 44789]]
this direct final notice of deletion before its effective date and will
prepare a response to comments and continue with the deletion process
on the basis of the notice of intent to delete and the comments already
received.
Deletion of a Site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion of a Site from
the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a Site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
IV. Basis for Site Deletion
The following information provides EPA's rationale for deleting the
Site from the NPL:
Site Background and History
The Rochester Property Site (Site) is located west of the town of
Travelers Rest, in Greenville County, South Carolina, in a rural,
sparsely populated area. The 4.5 acre site lies approximately 300 feet
north of County Road 268, also known as Ledbetter Road, and
approximately one-quarter mile east of County Road 102. The area where
waste was disposed, and later removed, is located within a 0.6 acre
fenced area. The northern portion of the property is a pine and
deciduous forest, while the southern portion is grassed. A small house
is located at the east end of the site.
In late 1971 and early 1972, waste materials were placed in four
trenches on the site. Each of the trenches was approximately 40 feet
long, 3 feet wide and 10 feet deep. The wastes were thought to include
wood glue, print binders, powder materials, natural guar gums, adhesive
for food packages, and adhesive restick for envelopes.
Response Actions
The site was included on the NPL on October 4, 1989.
On June 5, 1989, EPA and the Potentially Responsible Party (PRP)
signed an Administrative Order on Consent (AOC), Docket No. 89-09-C,
requiring that the PRP characterize the vertical and horizontal extent
of affected media and remove the buried waste. In January 1990, 1400
cubic yards of waste and surrounding soil were excavated and disposed
of off-site at a secure hazardous waste landfill.
EPA and the PRP signed another AOC, Docket Number 92-04-C, dated
February 19, 1992, to conduct the Remedial Investigation and
Feasibility Study (RI/FS). RMT, Inc. (RMT) submitted to EPA, on behalf
of the PRP, the Final RI Report in April 1993, and the Final FS Report
in May 1993. A ROD was signed August 31, 1993.
Cleanup Goals
The ROD specified that the preferred remedy for groundwater at the
site would be the installation and operation of a dual trench, in-situ
air sparging system, in order to meet the remedial goals (RGs). The RGs
were set at the Maximum Contaminant Level (MCL) of .005 ppm for
trichlorethylene (TCE) and 0.006 ppm for bis (2-ethylhexyl) phthalate,
and a risk-based level of 0.180 ppm for manganese (Mn).
Construction of the system was completed by June 1995. After
approximately three years of air sparging, the monitoring wells that
had the highest concentration of organic contaminants of concern during
the RI did not show any concentrations exceeding the RGs. However, in
1996, one monitoring well, located downgradient of the air sparging
trenches, began to show TCE concentrations above the RG.
On July 8, 2002, an ESD to the ROD was issued to address the
downgradient contamination. The significant change to the ROD was that
a mixture of air and ozone would be sparged, rather than air only. The
supplemental remedy for the site, ozone sparging and recirculation, was
installed at the site in 2002 and began operation in October 2002.
Since the ROD was signed, the toxicity criterion for Mn in USEPA's
Integrated Risk Information System (IRIS) database was changed; Mn is
now believed to be less toxic than previously thought and the hazard
quotient for Mn in groundwater is an order of magnitude lower. As a
result, on January 31, 2006, a second ESD was issued removing the RG
for Mn from the site remedy.
Confirmatory sampling verifies that all remedial action objectives
and cleanup goals have been attained, and all cleanup actions are
complete as specified in the ROD, as changed by the ESDs issued July
2002 and January 2006. Three annual confirmatory groundwater sampling
events were conducted to provide further assurance that the site is
currently protective, no longer poses any threats to human health or
the environment, all areas of concern described in the NPL listing have
been adequately addressed, and no further Superfund response is needed
to protect human health and the environment. The final groundwater
sampling event was conducted in November 2006. No further operations
and maintenance (O&M) activities are required.
Operation and Maintenance
The cleanup of the site complies with the ``clean closure''
requirements, consistent with the Resource Conservation and Recovery
Act of 1976, as amended, CERCLA, as amended, and to the extent
practicable, the NCP. No further site O&M activities are required.
Five-Year Review
CERCLA requires a five-year review of all sites with hazardous
substances remaining above the health-based levels for unrestricted use
of the site. EPA conducted two five-year reviews at the site while the
remedial action was being implemented. Since there are no hazardous
substances, pollutants, or contaminants remaining at the site above
levels that allow for unlimited use and restricted exposure, no further
five-year reviews are required.
Community Involvement
An information repository was established at the Travelers Rest
Library and all of the documents used to make the decision were placed
there before the final ROD was signed. All other reports and fact
sheets were sent to the repository as they were completed. Since the
remedy was initiated at this site, public interest or concern about the
site has not been expressed.
Applicable Deletion Criteria/State Concurrence.
One of the three criteria for site deletion specifies that EPA may
delete a site from the NPL if all appropriate Fund-financed response
under CERCLA has been implemented, and no further response action by
responsible parties is appropriate. 40 CFR 300.425(e)(1)(ii). EPA, with
the concurrence of the State of South Carolina through the SCDHEC in a
letter dated July 5, 2007, believes that this criterion for deletion
has been met. All the completion requirements for this Site have been
met as described in the Final Close-Out Report (COR) dated June 8,
2007. The Final COR documents the completion of all remedial and
operation and maintenance activities. Consequently, EPA is proposing
deletion of this Site from the NPL. Documents supporting this action
are available in the docket.
V. Deletion Action
The EPA, with concurrence of the State of South Carolina, has
determined that all appropriate responses under CERCLA have been
completed, and that no further response actions under
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CERCLA are necessary. Therefore, EPA is deleting the Site from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective October 9, 2007 unless EPA receives adverse comments by
September 10, 2007. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion before the effective date of the
deletion and it will not take effect and, EPA will prepare a response
to comments and continue with the deletion process on the basis of the
notice of intent to delete and the comments already received. There
will be no additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Chemicals, Hazardous substances,
Hazardous waste, Superfund, Water pollution control, Water supply.
Dated: July 23, 2007.
J.I. Palmer, Jr.,
Regional Administrator, Region 4.
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40 CFR part 300 is amended as follows:
PART 300--[AMENDED]
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1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O.
12777, 56 FR 54757, 3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR
2923, 3 CFR, 1987 Comp., p.193.
Appendix B--[Amended]
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2. Table 1 of Appendix B to Part 300 is amended by removing the site
``Rochester Property, Travelers Rest, SC.''
[FR Doc. E7-15332 Filed 8-8-07; 8:45 am]
BILLING CODE 6560-50-P