[Federal Register Volume 72, Number 153 (Thursday, August 9, 2007)]
[Rules and Regulations]
[Pages 44787-44790]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15332]


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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: [email protected].
    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 
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 www.regulations.gov or e-mail, 
information that you consider to be CBI or otherwise protected. The 
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 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 
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 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: [email protected].

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.

0
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 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