[Federal Register Volume 74, Number 16 (Tuesday, January 27, 2009)]
[Rules and Regulations]
[Pages 4687-4691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-1704]



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  Federal Register / Vol. 74, No. 16 / Tuesday, January 27, 2009 / 
Rules and Regulations  

[[Page 4687]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0008; FRL-8761-2]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Direct final Notice of Partial Deletion of the Rentokil, Inc. 
(Virginia Wood Preserving Division) 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 Partial Deletion of former Wetland 
Areas B and C of the Rentokil, Inc. (Virginia Wood Preserving Division) 
Superfund Site (Site), located in Henrico County, near the city of 
Richmond, Virginia, 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 partial deletion is being published by EPA with the concurrence 
of the Commonwealth of Virginia, through the Virginia Department of 
Environmental Quality (VDEQ) because EPA has determined that all 
appropriate response actions at these identified parcels under CERCLA, 
other than operation and maintenance and five-year reviews, have been 
completed. However, this partial deletion does not preclude future 
actions under Superfund.
    This partial deletion pertains to the soil and sediment of former 
Wetland Areas B and C and the ground water at former Wetland Area C. 
The remaining areas and media of the Site will remain on the NPL and 
are not being considered for deletion as part of this action.

DATES: This direct final partial deletion is effective March 30, 2009 
unless EPA receives adverse comments by February 26, 2009. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final partial deletion in the Federal Register informing the 
public that the partial deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1989-0008, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     E-mail: Larry C. Johnson, Community Involvement 
Coordinator at [email protected] or Andy Palestini, Remedial 
Project Manager at [email protected]. 
     Fax: 1-215-814-3002.
     Mail: Larry C. Johnson, Community Involvement Coordinator, 
U.S. EPA Region 3, Mailcode 3HS52, Philadelphia, Pennsylvania 19103.
     Hand delivery: Larry C. Johnson, Community Involvement 
Coordinator, U.S. EPA Region 3, Mailcode 3HS52, Philadelphia, 
Pennsylvania 19103. Such deliveries are only accepted during the 
Docket's normal hours of operation, and special arrangements should be 
made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1989-0008. 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 Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, 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.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at:
    U.S. EPA Region 3 Library, U.S. EPA Region 3, 1650 Arch Street, 
Philadelphia, Pennsylvania 19103-2029, (215) 814-5000, Monday through 
Friday 8 a.m. to 12 p.m.; Henrico County Municipal Reference and Law 
Library, Parham Road at Hungary Spring Road, Richmond, Virginia 23273.

FOR FURTHER INFORMATION CONTACT: Andy Palestini, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 3, 3HS23, 1650 
Arch Street, Philadelphia, Pennsylvania 19103, 215-814-3233.

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    EPA Region 3 is publishing this direct final Notice of Partial 
Deletion for the Rentokil, Inc. (Virginia Wood Preserving Division) 
Superfund Site (Site), from the National Priorities List (NPL). This 
partial deletion pertains to the soil and sediment of former Wetland 
Areas B and C and the ground water at former Wetland Area C. The NPL 
constitutes Appendix B of 40 CFR part 300, which

[[Page 4688]]

is the National Oil and Hazardous Substances Pollution Contingency Plan 
(NCP), that EPA promulgated pursuant to Section 105 of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA) of 1980, as amended, 42 U.S.C. 9605. EPA identifies sites that 
appear to present a significant risk to public health, welfare, or the 
environment and maintains the NPL as the list of these sites. Sites on 
the NPL may be the subject of remedial actions financed by the 
Hazardous Substance Superfund (Fund). This partial deletion of the 
Rentokil, Inc. (Virginia Wood Preserving Division) Superfund Site is 
proposed in accordance with 40 CFR 300.425(e) and is consistent with 
the Notice of Policy Change: Partial Deletion of Sites Listed on the 
National Priorities List. 60 FR 55,466 (Nov. 1, 1995). As described in 
300.425(e)(3) of the NCP, a portion of a site deleted from the NPL 
remains eligible for Fund-financed remedial action if future conditions 
warrant such actions. Whenever there is a significant release from a 
site deleted or partially deleted from the NPL, the site shall be 
restored to the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective March 30, 2009 unless EPA 
receives adverse comments by February 26, 2009. Along with this direct 
final Notice of Partial Deletion, EPA is co-publishing a Notice of 
Intent for Partial Deletion in the ``Proposed Rules'' section of the 
Federal Register. If adverse comments are received within the 30-day 
public comment period on this partial deletion action, EPA will publish 
a timely withdrawal of this direct final Notice of Partial Deletion 
before the effective date of the partial deletion and the partial 
deletion will not take effect. EPA will, as appropriate, prepare a 
response to comments and continue with the deletion process on the 
basis of the Notice of Intent for Partial Deletion 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 procedures that EPA is using 
for this action. Section IV discusses former Wetland Areas B and C of 
the Site and demonstrates how the deletion criteria are met. Section V 
discusses EPA's action to partially delete the Site parcels from the 
NPL unless adverse comments are received during the public comment 
period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will 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 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.
    Pursuant to CERCLA Section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. 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. Partial Deletion Procedures

    The following procedures apply to the deletion of the soil and 
sediment of former Wetland Areas B and C and the ground water at former 
Wetland Area C of the Site:
    (1) EPA has consulted with the Commonwealth of Virginia prior to 
developing this direct final Notice of Partial Deletion and the Notice 
of Intent for Partial Deletion co-published in the ``Proposed Rules'' 
section of the Federal Register.
    (2) EPA has provided the Commonwealth 30 working days for review of 
this notice and the parallel Notice of Intent for Partial Deletion 
prior to their publication today, and the Commonwealth, through the 
Virginia Department of Environmental Quality (VDEQ), has concurred on 
the partial deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Partial Deletion, a notice of the availability of the parallel 
Notice of Intent for Partial Deletion is being published in a major 
local newspaper, the Richmond Times Dispatch. The newspaper notice 
announces the 30-day public comment period concerning the Notice of 
Intent for Partial Deletion of the Site from the NPL.
    (4) The EPA has placed copies of documents supporting the partial 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this partial deletion action, EPA will publish a 
timely notice of withdrawal of this direct final Notice of Partial 
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 for Partial Deletion and the comments already 
received.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion 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 portion of a site from the NPL does not preclude eligibility for 
further response actions, should future conditions warrant such 
actions.

IV. Basis for Partial Site Deletion

    The following information provides EPA's rationale for deleting the 
soil and sediment at former Wetland Areas B and C and the ground water 
at former Wetland Area C of the Rentokil, Inc. Superfund Site from the 
NPL:

Site Background and History

    The Rentokil, Inc. Superfund Site (Site) is a former wood treating 
facility that operated under the name of Virginia Wood Preservers and 
that ceased operating in January 1990. The Site is located at 3000 
Peyton Street at the intersection of Peyton Street and Ackley Avenue in 
Henrico County, near Richmond, Virginia. The Site includes the former 
wood treatment process area, the wood drying areas, Wetland Area A, and 
the two former wetland areas (Wetland Areas B and C). None of the 
wetland areas were used in the wood treating process; these areas 
became contaminated by runoff from the Site. Wetland Area A, the area 
immediately north of the former process area, is located within the 
flood plain of an unnamed tributary to North Run. Wetland Area A was 
remediated and re-vegetated to remain a wetland. Former

[[Page 4689]]

Wetland Area B, the area at the southeast corner of the Site, and 
former Wetland Area C, the area immediately south of the Site which is 
across Peyton Street, were connected by two culverts under Peyton 
Avenue. Surface runoff discharged from the Site through a ditch to 
former Wetland B, where it was retained and discharged to former 
Wetland C when flow was high. A ditch along the north side of Peyton 
Avenue also collected runoff from the Site. This runoff flowed through 
the west culvert to former Wetland Area C. A ditch parallel to the 
south side of Peyton Avenue carried runoff from former Wetland Area C 
to the east and ultimately to a 24-inch culvert under Ackley Avenue. 
Because the invert of the 24-inch culvert was about two feet above the 
flow line of the south ditch and the normal elevation of former Wetland 
Area C, Site-related runoff waters were retained within former Wetland 
Area C.
    Wood treating operations at the Site were initiated in 1957 and 
continued under several different owners/operators. In 1974, Rentokil, 
Inc. purchased the stock of TaCo, one of the previous owners. Both TaCo 
and the Virginia Wood Preserving Corporation (the owner prior to 1974) 
were subsequently merged into Rentokil. Rentokil later changed its name 
to Rentokil SupaTimber, Inc. and, in September 1989, changed its name 
to Virginia Properties, Inc. (VPI), a wholly owned subsidiary of 
Rentokil, Inc.
    The land immediately surrounding the Site is mostly open space/
woodlands. Nearby development is comprised of light industrial, 
commercial, and low density residential. A private developer has 
purchased former Wetland Area B in preparation of placing new 
commercial/office buildings in this area. The surrounding area is 
served by public water supply.
    EPA proposed that the Site be listed on the NPL in January 1987. 
The Site was placed on the NPL in March 1989. Pursuant to CERCLA, 
Rentokil, Inc. and EPA signed an Administrative Order by Consent in 
December 1987 to conduct a Remedial Investigation/Feasibility Study 
(RI/FS) to identify the types, quantities, and locations of 
contaminants and to develop ways of addressing Site contamination. The 
two phases of field work for the RI were conducted from May to August 
1989 and from June to July 1991. In March 1992, VPI and EPA entered 
into an Administrative Order by Consent for Removal Action (Order). The 
purpose of the Order was to design and construct sediment control 
structures to prevent additional migration of contaminated sediment 
from the Site into North Run Creek. These structures were completed by 
June 22, 1992.
    EPA issued a Record of Decision (ROD) for the Site on June 22, 
1993. The ROD addressed all aspects of Site cleanup: Existing 
structures, ``hot spots'', ground water, surface water, soil, sediment, 
mitigation for the loss of wetlands, and institutional controls, as 
described more completely below. A Consent Decree, whereby VPI agreed 
to implement the requirements of the ROD, was signed by VPI in 1994.

Remedial Investigation and Feasibility Study (RI/FS)

    Analytical results of the sampling performed for the RI indicate 
that the surface soil, subsurface soil, ground water, and sediments 
posed unacceptable risks to human health and the environment, mainly 
through exposure to the following Site-related contaminants: Arsenic, 
chromium, copper, pentachlorophenol, and polynuclear aromatic 
hydrocarbons (from using creosote).

Record of Decision Findings

    The major components of the remedy selected in the ROD include: 
Demolition, decontamination, and off-site disposal of the existing 
structures; excavation, treatment (if necessary) and off-site disposal 
of the on-site pond sediments; excavation and on-site disposal of the 
contaminated soil and sediment in Wetland Areas A, B, and C; 
construction of an impermeable cap; excavation, low temperature thermal 
desorption treatment, and on-site disposal of the ``hot spots'', the 
soil in the CCA Disposal Area, the Fill Area, and the source material 
within 25 feet of the concrete drip pad, the on-site pond, and the 
former blowdown sump; construction of a slurry wall; construction of a 
dewatering system within the cap/slurry wall containment system; 
institutional controls; mitigation for the loss or damage to the 
wetland areas; and, long-term ground water monitoring.
    Although Remedial Action Objectives were not specifically 
identified in the ROD, the following objectives can be inferred from 
the major components of the remedy: Reduce risks to human health by 
preventing direct contact with, and ingestion of, contaminants in the 
site soil, wetland sediments, and pond sediments, and by preventing 
potential ingestion of contaminated ground water; reduce risks to the 
environment by preventing direct contact with, and ingestion of, 
contaminants in the wetland sediments; minimize the migration of 
contaminants from site soil and wetland sediments that could result in 
surface water concentrations in excess of Ambient Water Quality 
Criteria; eliminate or minimize the threat posed to human health and 
the environment by preventing exposure to the contaminants in the 
ground water; and contain contaminated ground water to protect human 
health and the environment.
    EPA amended the ROD on August 27, 1996, with the concurrence of 
VDEQ to delete the requirement for treatment of the ``hot spots'' at 
the Site because ground water modeling indicated that treating the 
``hot spots'' had no effect on the levels of contaminants in the ground 
water.

Response Actions

    Remedial construction of former Wetland Area B started in June 1998 
with the clearing and grubbing of the existing vegetation. All of the 
clearing and grubbing materials were chipped in a tub grinder and were 
disposed of at the Old Dominion (BFI) landfill in Richmond, Virginia. 
Excavation of the top 24 inches of contaminated soil occurred in July 
1998, immediately followed by backfilling the excavated area with clean 
soil. The remedial construction was completed in August 1998 when the 
area was seeded with an approved seed mix. A total of 3,339 cubic yards 
of contaminated soil was excavated and placed under the cap constructed 
in the area of the former rail spur.
    Remedial construction of former Wetland Area C also started in June 
1998 with the clearing and grubbing of the existing vegetation. All of 
the clearing and grubbing materials were chipped in a tub grinder and 
were disposed of at the Old Dominion (BFI) landfill in Richmond, 
Virginia. Excavation of the top 24 inches of contaminated soil occurred 
in August 1998, immediately followed by backfilling the excavated area 
with clean soil. The remedial construction was completed in October 
1998 when the area was seeded with an approved seed mix. A total of 
5,380 cubic yards of contaminated soil was excavated and placed under 
the cap constructed in the area of the former rail spur.
    In the ROD, EPA, with the advice of the U.S. Fish and Wildlife 
Service, selected wetlands mitigation because of the damage caused to 
former Wetland Areas B and C. The mitigation consisted of purchasing 
approximately 6.81 acres of prior converted cropland and reconstructing 
the land to simulate natural wetland conditions. Mitigation

[[Page 4690]]

occurred in the Virginia Wood Preserving portion of the Chickahominy 
LLC mitigation area located in Charles City County, Virginia, 
approximately 25 miles east of Richmond, in the Chickahominy River 
floodplain.

Cleanup Standards

    Arsenic was the primary contaminant of concern in the wetland 
areas. As such, all soil exceeding the site-specific cleanup level for 
arsenic of 33 mg/kg was excavated to a depth of 24 inches. Confirmatory 
sampling was performed during the remedial action to confirm that the 
soil cleanup level was achieved.

Operation and Maintenance

    The cap at the Site is routinely monitored to make sure the fence 
is in good condition, to determine when to mow the grass, to check if 
there are any problems with erosion of the cap surface that needs 
repair, and to locate any trees which require cutting down.
    Rentokil, Inc. takes ground water samples semi-annually to monitor 
the levels of contaminants. The selected remedy includes withdrawing 
ground water from within the area enclosed by the cap/slurry wall. 
However, EPA, with the concurrence of the VDEQ, has agreed to a request 
by Rentokil, Inc. to place a moratorium on the withdrawal of ground 
water to determine whether this practice has any effect on the levels 
or dispersion of the contaminants in the ground water outside of this 
enclosed area.
    Institutional controls in the form of a Deed Notice and Declaration 
of Restrictive Covenants for Certain property at the Rentokil Superfund 
Site was recorded in the Clerk's Office of Henrico County on December 
1, 2005. Included in the Restrictive Covenant are provisions precluding 
residential development and ground water use in former Wetland Area B. 
Even though the ground water at former Wetland Area B is not 
contaminated, EPA required the restriction on ground water use to 
prevent the possibility of drawing contamination in that direction. 
There are no use restrictions for former Wetland Area C.
    EPA and the U.S. Fish and Wildlife Service continue to monitor 
progress at the mitigation site in Charles City County. Two issues were 
brought up as a result of the latest site visit in September 2007. 
First, Japanese honeysuckle, should be treated with an herbicide to 
allow other desirable vegetation to grow. Secondly, the tree tubes used 
during the initial planting effort should be removed because they are 
restricting the growth of the tree trunks.

Five-Year Review

    EPA issued the first five-year review report for the Site on 
September 17, 2003. In the report, EPA stated that a protectiveness 
determination of the remedy could not be made until a determination is 
made as to whether the contaminant levels at monitoring well number 2 
is due to leakage from the cap/slurry wall containment system. No 
issues were identified for the implementation of the remedy or the 
protectiveness at either former Wetland Area B or C.
    The second five-year review report was issued on September 22, 
2008. In the second five-year review report, EPA determined that the 
remedy is protective of human health and the environment. All threats 
at the Site associated with ingestion or dermal contact with 
contaminated soil and sediments have been addressed through capping of 
the Site and excavation and consolidation of those areas of 
contaminated soil and sediments previously located beyond the extent of 
the cap (including the soil and sediment at former Wetland Areas B and 
C). The ground water clean-up goals selected for the Site are 
protective of human health and the environment. In the interim, 
exposure pathways that could result in unacceptable risks are being 
controlled. Even though no one currently uses the contaminated ground 
water, institutional controls have been implemented to prevent exposure 
to, or ingestion of, contaminated ground water (an institutional 
control has also been placed on the ground water at former Wetland Area 
B to prevent drawing the contaminated ground water to that area). Long-
term protectiveness of the remedial action will be verified by 
obtaining ground water samples to fully evaluate migration of the 
contaminant plume downgradient of the slurry wall. Current data 
indicated that the plume remains in the area of VPMW-02 and is not 
expanding.
    EPA will need to conduct the next five-year review of the Site by 
September 2013. Former Wetland Area C will not be subject to future 
five-year reviews because all response actions are complete and 
conditions allow for unlimited use and unrestricted exposure.

Community Involvement

    The most recent community involvement activity for this Site was 
placing the newspaper ad informing the public that EPA was conducting a 
five-year review of the Site. The ad was placed in the Richmond Times 
Dispatch on August 21, 2008. In the ad, EPA solicited the general 
sentiment from the local community on how Site operations affected them 
and whether anyone had any comments, suggestions, or recommendations 
regarding the management or operation of the Site. No feedback was 
received from the community.
    Concurrently with the publication of this direct final Notice of 
Partial Deletion, a notice of the availability of the parallel Notice 
of Intent for Partial Deletion will be published in the Richmond Times 
Dispatch. The newspaper notice will announce the 30-day public comment 
period concerning the Notice of Intent for Partial Deletion of the Site 
from the NPL.

Determination That the Criteria for Deletion Have Been Met

    The soil and sediments in former Wetland Areas B and C and the 
ground water at former Wetland Area C are being proposed for deletion 
because the Responsible Party completed all appropriate response 
actions required by the ROD. The remedy selected in the ROD for these 
two areas included excavating the contaminated soil and disposing the 
material under the cap. All soil exceeding the site-specific cleanup 
level of 33 mg/kg of arsenic was excavated to a depth of 24 inches, 
with the extent of excavation determined by confirmatory sampling. The 
excavated areas were then backfilled with clean soil and seeded. This 
work was completed during the remedial action, as documented in the 
Preliminary Close Out Report dated September 2, 1999. Mitigation for 
the damage to the wetland areas occurred in the Virginia Wood 
Preserving portion of the Chickahominy LLC mitigation area located in 
Charles City County, Virginia.
    EPA is deleting former Wetland Areas B and C from the NPL as 
requested by Parham Forest Partners, LLC, the purchaser of the former 
Wetland Area B parcel of the Site, and VDEQ. EPA Region 3 submitted the 
direct final Notice of Partial Deletion and the Notice of Intent of 
Partial Deletion to EPA Headquarters and to the VDEQ for their 
concurrence.

V. Deletion Action

    The EPA, with concurrence of the Commonwealth of Virginia through 
the Virginia Department of Environmental Quality, has determined that 
all appropriate response actions under CERCLA, other than operation and 
maintenance and five-year reviews, have been completed. Therefore, EPA 
is deleting the soil and sediments in former Wetland Areas B and C and 
the

[[Page 4691]]

ground water at former Wetland Area C of the Rentokil, Inc. 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 March 30, 2009, unless EPA receives adverse comments by 
February 26, 2009. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of partial deletion before the effective date of 
the partial deletion and it will not take effect. EPA will prepare a 
response to comments and continue with the deletion process on the 
basis of the notice of intent to partially 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: December 16, 2008.
William T. Wisniewski,
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 ``VA'' by 
revising the entry for ``Rentokil, Inc.'', (Virginia Wood Preserving 
Division) to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
                State                            Site name                   City/county            Note (a)
----------------------------------------------------------------------------------------------------------------
Virginia.............................  Rentokil, Inc. (Virginia Wood  Richmond................  P
                                        Preserving Division).
----------------------------------------------------------------------------------------------------------------

    (a) * * *
    P = Sites with partial deletion(s).

 [FR Doc. E9-1704 Filed 1-26-09; 8:45 am]
BILLING CODE 6560-50-P