[Federal Register Volume 70, Number 116 (Friday, June 17, 2005)]
[Rules and Regulations]
[Pages 35174-35176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-11827]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7924-5]


National Oil and Hazardous Substances Pollution Contingency Plan 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of Metropolitan Mirror and 
Glass (MM&G) Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 3 is 
publishing a direct final notice of deletion of the MM&G, Superfund 
Site (Site), located in Frackville, Schuylkill County, Commonwealth of 
Pennsylvania, 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 deletion is being published by EPA with concurrence 
of the Commonwealth of Pennsylvania, through the Pennsylvania 
Department of Environmental Protection (PADEP), 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 deletion will be effective August 16, 2005 
unless EPA receives adverse comments by July 18, 2005. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final deletion in the Federal

[[Page 35175]]

Register informing the public that the deletion will not take effect.

ADDRESSES: Comments may be mailed to: Eugene Dennis (3HS21), Remedial 
Project Manager, U.S. Environmental Protection Agency, Region 3, 1650 
Arch Street, Philadelphia, Pennsylvania, 19103-2029, (215) 814-5254 or 
(800) 553-2509.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: Regional Center for Environmental Information, 
U.S. EPA, Region 3, 1650 Arch Street, Philadelphia, Pennsylvania, 
19103, (215) 814-5254 or (800) 553-2509, Monday through Friday 8 a.m. 
to 4:30 p.m.; West Mahanoy Township Building, 190 Pennsylvania Avenue, 
Shenandoah, Pennsylvania 17976, (570) 462-2958.

FOR FURTHER INFORMATION CONTACT: Eugene Dennis (3HS21), Remedial 
Project Manager, U.S. EPA, Region 3, 1650 Arch Street, Philadelphia, 
Pennsylvania, 19103-2029. Telephone (215) 814-3202 or (800) 553-2509, 
e-mail address: [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 3 is publishing this direct final notice of deletion of 
the MM&G Superfund Site from the NPL.
    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 Sec.  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.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of notice of intent 
to delete. This action will be effective August 16, 2005 unless EPA 
receives adverse comments by July 18, 2005. If adverse comments are 
received within the 30-day public comment period on this document, EPA 
will publish a timely withdrawal of this direct final deletion before 
the effective date of the deletion and the deletion will not take 
effect. EPA, as appropriate, 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.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses the procedures that EPA is 
using for this action. Section IV discusses the MM&G 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)(1) 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 (PADEP), whether any of the 
following criteria have been met:
    (i) Responsible parties or other parties have implemented all 
appropriate response actions required;
    (ii) All appropriate Fund-financed (Hazardous Substance Superfund 
Response Trust Fund) response under CERCLA has been implemented, and no 
further 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, remedial measures are 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. If new information 
which indicates a need for further action becomes available, 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 were used for the intended deletion of 
this Site:
    1. EPA consulted with Pennsylvania on the deletion of the Site from 
the NPL prior to developing this direct final notice of deletion.
    2. Pennsylvania concurred with the 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 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. 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 notice or the companion notice of intent to 
delete also published in today's Federal Register, EPA will publish a 
timely notice of withdrawal of 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 Intended Site Deletion

    The following information provides the EPA's rationale for deleting 
this Site from the NPL:

Site Location

    The Site is approximately 12.5 acres and is located on Industrial 
Park Road in Frackville, Schuylkill County, Pennsylvania. To facilitate 
Site investigations, the Site, as a whole, was treated as one operable 
unit (OU) divided into five areas of concern (AOCs), according to 
geographic features and suspected waste-handling activities: AOC 1, the 
north building area, which includes the drum storage area and the 
suspected spill area; AOC 2, existing wastewater settling lagoons; AOC 
3, dredge material disposal area; AOC 4, former lagoon area; and AOC 5, 
south parking lot area.

[[Page 35176]]

Site History

    The Site is at the intersection of Industrial Park Road and 
Altamount Boulevard in Frackville, Pennsylvania. The Site covers 
approximately 12.5 acres, including several rights-of-way for 
utilities, Interstate 81, and a former (abandoned) railroad. 
Developments on the Site are a single-story manufacturing building, a 
small pump house, a water tower, two lagoons, three drainage ditches, a 
small building connected to the north wall of the manufacturing 
building and a water-supply well located inside the pump house. A 
parking lot is along the south wall of the manufacturing building.
    Before 1959, the Site was owned by the Kimerling Estate. In 1959, 
the Kimerling Estate sold the Site to the Frackville Merchants 
Association, which subsequently donated the Site to Greater Pottsville 
Industrial Development Corporation (GPIDC). MM&G purchased the Site 
from GPIDC in 1959 and operated the facility until 1982 when it 
declared bankruptcy. The Site then was acquired by National Patent 
Development Corporation, which sold the Site and facilities to the St. 
Jude Polymer Company in May 1987. St. Jude Polymer Company operates a 
plastic-bottle recycling center on the Site.
    Between 1959 and May 1982, MM&G manufactured mirrors at the Site. 
The manufacturing was a five-stage assembly line process. The process 
used silver solutions, paint strippers, paint thinners and other 
solvents.
    Under the direction of PADEP, an initial sampling event was 
conducted by BES Environmental in August 1987. Between 1988 and 1990, 
NUS Corporation performed three phases of site inspection under the 
direction of EPA. A preliminary assessment that identified areas of 
concern and performed limited sampling was completed in 1989. A 
screening site inspection report was completed in 1989 and a listing 
site inspection report was completed in 1990. The groundwater, surface 
water and sediments in Stony Creek and drainage ditches also were 
sampled during the initial investigation.
    The Site was formally added to the NPL on October 14, 1992.

Record of Decision

    The alternative EPA has selected for this Site is ``No Action.'' 
Under this alternative, EPA requires no action beyond the removal 
action that took place at the Site in the spring and summer of 1997. 
EPA has determined that contaminants in groundwater and sediment are 
not site-related. There is no cost associated with the No Action 
alternative.
    EPA has determined that its response at the Site is complete and no 
action is necessary at the Site. Therefore, all construction is 
complete.

Five-Year Review

    In accordance with CERCLA section 121 (c), a five-year review for 
the Site was completed in December 2003. No further five-year review 
will be conducted for the Site as no hazardous substances, pollutants, 
or contaminants remain on Site that exceed levels that allow for 
unlimited use and unrestricted exposure.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42 
U.S.C. 9617. Documents in the deletion docket which EPA relied on for 
recommendation of the deletion from the NPL are available to the public 
in the information repositories.

V. Deletion Action

    The EPA, with concurrence of Pennsylvania, has determined that all 
appropriate responses under CERCLA have been completed, and that no 
further response actions, under CERCLA, are necessary.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of notice of intent 
to delete. This action will be effective August 16, 2005 unless EPA 
receives adverse comments by July 18, 2005. If adverse comments are 
received within the 30-day public comment period on this document, EPA 
will publish a timely withdrawal of this direct final deletion before 
the effective date of the deletion and the deletion will not take 
effect. EPA will prepare, as appropriate, 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, Air pollution control, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: May 31, 2005.
Richard J. Kampf,
Acting Regional Administrator, Region 3.

0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
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]

0
2. Table 1 of Appendix B to part 300 is amended under Pennsylvania (PA) 
by removing the site name ``Metropolitan Mirror and Glass'' and the 
city ``Frackville.''

[FR Doc. 05-11827 Filed 6-16-05; 8:45 am]
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