81 FR 94262 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the North Penn Area 6 Superfund Site
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 247 (December 23, 2016)
Federal Register Volume 81, Issue 247 (December 23, 2016)
| Page Range | 94262-94267 | |
| FR Document | 2016-31032 |
[Federal Register Volume 81, Number 247 (Friday, December 23, 2016)] [Rules and Regulations] [Pages 94262-94267] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-31032] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-SFUND-1989-0009; FRL-9957-31-Region 3] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the North Penn Area 6 Superfund Site AGENCY: Environmental Protection Agency. ACTION: Direct final rule; notice of partial deletion of the North Penn Area 6 Superfund Site from the National Priorities List. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) Region III is publishing a direct final notice of partial deletion of a portion of the North Penn Area 6 Superfund Site (Site) located in Lansdale Borough, Montgomery County, Pennsylvania, from the National Priorities List (NPL). The deletion affects approximately 6.5 acres located at 135 East Hancock Street (the ``Administrative Parcel''). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is found at Appendix B of 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 Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP), because EPA has determined that all appropriate response actions at the Administrative Parcel under CERCLA, other than five-year reviews, have been completed. However, this partial deletion does not preclude future actions at the Administrative Parcel under Superfund. This partial deletion pertains to soils and groundwater of the Administrative Parcel portion of the Site. The other portions 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 February 21, 2017 unless EPA receives adverse comments by January 23, 2017. 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-1989-0009, by one of the following methods:http://www.regulations.gov. Follow on-line instructions for submitting comments. Email: [email protected]. Mail: U.S. Environmental Protection Agency, Region III, Attn: Huu Ngo (3HS21), 1650 Arch Street, Philadelphia, PA 19103-2029 Hand Delivery: U.S. Environmental Protection Agency, Region III, Attn: Huu Ngo (3HS21), 1650 Arch Street, Philadelphia, PA 19103-2029, Phone: 215-814-3187, Business Hours: Mon. through Fri.-- 8:00 a.m. to 4:30 p.m. 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- 1989-0009. 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 email. 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 email comment directly to EPA without going through http://www.regulations.gov, your email 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 III, Superfund Records Center, 6th Floor, 1650 Arch Street, Philadelphia, PA 19103-2029; [[Page 94263]] (215) 814-3157, Monday through Friday 8:00 a.m. to 5:00 p.m. The Lansdale Public Library, 301 Vine St, Lansdale, PA 19446; phone (215) 855-3228. Monday through Friday 10:00 a.m.-9:00 p.m. FOR FURTHER INFORMATION CONTACT: Huu Ngo, Remedial Project Manager (3HS21), U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103-2029; (215) 814-3187; email: [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. NPL Deletion Criteria III. Partial Deletion Procedures IV. Basis for Partial Site Deletion V. Partial Deletion Action I. Introduction EPA Region III is publishing this direct final Notice of Partial Deletion of a portion the North Penn Area 6 Superfund Site from the National Priorities List (NPL). This partial deletion pertains to the soils and groundwater of the Administrative Parcel portion of the Site. The NPL constitutes Appendix B of 40 CFR part 300, which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended. EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Sites on the NPL may be the subject of remedial actions financed by the Hazardous Substance Superfund (Fund). This partial deletion of the North Penn Area 6 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 55466 (Nov. 1, 1995). As described in 40 CFR 300.425(e)(3) of the NCP, a portion of a site deleted from the NPL remains eligible for Fund- financed remedial actions if future conditions warrant such actions. 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 Administrative Parcel of the North Penn Area 6 Superfund Site and demonstrates how it meets the deletion criteria. Section V discusses EPA's action to delete the Administrative Parcel portion of the Site 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 Commonwealth, 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 such action 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 deletion of the Administrative Parcel portion of the Site: (1) EPA consulted with the Commonwealth of Pennsylvania prior to developing this direct final Notice of Partial Deletion and the Notice of Intent for Partial Deletion co-published today in the ``Proposed Rules'' section of the Federal Register. (2) EPA 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 PADEP, 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 Reporter. 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 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, as appropriate, 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 site from the NPL does not preclude eligibility for future response actions, should future conditions warrant such actions. IV. Basis for Partial Site Deletion The following information provides EPA's rationale for deleting the Administrative Parcel portion of the Site from the NPL: Site Background and History The North Penn Area 6 Superfund Site (EPA Identification Number PAD980926976) is located primarily in Lansdale Borough, Montgomery County, Pennsylvania. The Site is comprised of multiple properties contaminated primarily with volatile organic compounds (VOCs) in the soil and associated groundwater contamination. One of the properties consists of approximately 10 acres of land located at 135 East Hancock Street in Lansdale Borough (the ``Property''). The Property was formerly occupied by the Tate Andale Company, and later by the Rogers Mechanical Company. The Administrative Parcel is comprised of approximately 6.5 acres located within the Property. The current owner of the Property, including the Administrative Parcel, is [[Page 94264]] Andale Properties, LLC. Andale Properties, LLC plans to redevelop the Property for future residential purposes. Andale Properties, LLC has divided the Property into four Phases (1 through 4) for redevelopment. The Administrative Parcel is comprised of Phases 2 and 3. The Property is currently occupied by three buildings, portions of two former structures, and footers and concrete pads from previous on- site buildings. A treatment system operated currently by EPA for treatment of groundwater and multiple monitoring wells are also present at the Property. The Property is bordered to the southwest by East Hancock Street, and to the west, northwest, and east by railroad lines. The ground surface elevation of the Property is approximately 370 feet above mean sea level. The Property consists of relatively flat terrain with a gradual slope towards the southwest. There are no surface water bodies located within the boundaries of the Property. The nearest body of water is the Towamencin Creek, which is located approximately 2,800 feet southwest of the Property. Surface water runoff following precipitation events either infiltrates the ground surface or drains towards the western portion of the Property prior to entering a swale adjacent to the neighboring railroad tracks. Surrounding land use includes commercial, industrial, and residential uses. The Tate Andale Company formerly occupied the Property dating back to at least the 1920s, and historically used the Property to fabricate oil coolers, heaters, and strainers. Rogers Mechanical Company purchased the Property in 1985 and operated a plumbing and heating business. The former Tate Andale Company was one of twenty-six property owners/operators to be identified as a potentially responsible party (PRP) at the Site following the detection of groundwater contamination in the Lansdale area in 1979. North Penn Area 6 was proposed to the National Priorities List on January 22, 1987 (52 FR 27620), and became a Superfund Site when the listing became final on March 31, 1989 (54 FR 13296). EPA divided the Site into three operable units (OUs). Operable Unit One (OU1) consists of Fund-financed response actions to address the contaminated soils at certain of the properties that comprise the Site. Operable Unit Two (OU2) consists of PRP-financed response actions to address the contaminated soils at certain other properties that comprise the Site. Operable Unit Three (OU3) consists of Fund-financed and PRP-financed response actions to address the contaminated groundwater over the entire Site. All activities associated with investigation and remediation at the Property were performed by EPA and financed by the Fund, and are part of OU1 and OU3. The Administrative Parcel consists of soils and groundwater on the aforementioned approximately 6.5 acre portion of the Property. Remedial Investigation and Feasibility Study (OU1) Soils at the Property were investigated as part of the OU1 Remedial Investigation and Feasibility Study (RI/FS). The OU1 RI at the Property focused primarily on a coal ash and scrap metal pile located on the southwestern portion of the Property and another area on the eastern portion of the Property. Soil gas and soil samples were collected from these areas, and elevated levels of VOCs were found in the area on the eastern portion of the Property. Trichloroethylene (TCE) was detected at concentrations up to 4600 [mu]g/kg, and contaminants associated with the breakdown of TCE were also found at elevated levels. The Risk Assessment determined that the contaminant levels would present a risk to groundwater, and a cleanup standard of 131 [mu]g/kg for TCE in soil was determined to protect groundwater. An area comprising roughly 18,000 cubic feet of soil on the east side of the Property was determined to require treatment. The OU1 Feasibility Study considered alternatives for remediation of the VOC-contaminated soil including No Action, Containment with Cap, Vapor Extraction, Low Temperature Thermal Desorption, Soil Washing/Biotreatment, Excavation and Off-site Disposal, and In-Place Processing with Hot Air Injection. Selected Remedy (OU1) The Property was one of four properties addressed in the 1995 Record of Decision (ROD) for OU1. The OU1 Remedial Action Objective was to prevent further contamination of groundwater from contaminated soils. The selected alternative was in-place processing using hot air injection, with excavation and off-site disposal as a back-up. During the Remedial Design, it was determined that hot air injection would not achieve the performance standards of the OU1 ROD, and the backup remedy of excavation and off-site disposal was used to meet performance standards. Approximately 861 cubic yards of contaminated soil were removed from the Property as part of the OU1 remedial action and disposed of in a Resource Conservation and Recovery Act (RCRA) permitted landfill facility in Model City, New York. EPA approved the OU1 remedial action report for the Property in 2001. Operable Unit 2 (OU2) OU2 consists of soils investigations at certain enforcement-lead properties. The Property (including the Administrative Parcel to be deleted from the NPL) is not included in OU2. Remedial Investigation and Feasibility Study (OU3) Groundwater contamination was investigated as part of the RI/FS for OU3. Groundwater contamination at the Property is focused primarily in the southwestern portion of the Property. The OU3 RI/FS found contamination from VOCs at unacceptable levels in monitoring wells and a former production well (TA-1) on the Property. Contamination in well TA-1 was found at concentrations up to 7,740 [mu]g/L of TCE, and the Property was included in the OU3 Feasibility Study to evaluate alternatives for treatment of the groundwater. The OU3 Feasibility Study considered several alternatives involving extraction of contaminated groundwater using differing treatment technologies and differing discharge points. Selected Remedy (OU3) The Property was included in the OU3 ROD in 2000, which called for construction of groundwater extraction and treatment systems at several properties, including the Property, included in the Site to remediate the contaminated groundwater. The goal of the groundwater extraction and treatment systems is to restore the aquifer to beneficial use as a potable use aquifer. The major components of the selected remedy in the OU3 ROD include the following: Completion of a groundwater remedial design study to determine the most efficient design of a groundwater extraction and treatment system. Installation, operation, and maintenance of on-site groundwater extraction wells to remove contaminated groundwater from beneath the Site and to prevent contaminants from migrating off-site. Installation, operation, and maintenance of air stripping treatment at on-site groundwater extraction wells to treat groundwater to required cleanup levels. Construction, operation, and maintenance of a pipeline from the on-site groundwater treatment systems to the nearest surface water body or storm drain leading to a surface water body. [[Page 94265]] Periodic sampling of groundwater and treated water to ensure treatment components are effective and groundwater remediation is progressing towards the cleanup levels. During the Remedial Design of the groundwater extraction and treatment system at the Property, EPA conducted a pump test on the extraction well at the Property. The well failed to produce an adequate yield of contaminated water to treat to significantly improve groundwater quality. As a result, EPA conducted additional testing to determine if adding a vapor extraction unit to the treatment system at the Property would increase contaminant removal and improve the performance of the OU3 selected remedy at the Property. Based on those results, EPA issued an Explanation of Significant Differences (ESD) on September 16, 2009, requiring implementation of a modified remedy at the Property which includes vapor extraction to enhance the performance of the remedy selected in the OU3 ROD. Testing also indicated that significant cost savings could be achieved by replacing the air stripper at the Property with a vessel containing granular activated carbon (GAC). Therefore, the ESD further allowed EPA to modify the OU3 remedy at the Property to allow for this form of treatment. The treatment system at the Property was built, and determined to be operational and functional in 2012. EPA plans on transferring the groundwater treatment system at the Property to PADEP for Operation and Maintenance (O&M) in 2022. Response Actions During the Remedial Design of the OU1 remedy to address contaminated soils at the Property, it was determined that the alternative selected in the OU1 ROD would not achieve the performance standards of the ROD; therefore, the backup remedy of excavation and off-site disposal was used to meet the performance standards. Approximately 861 cubic yards of contaminated soil were removed from the Property as part of the OU1 remedial action. EPA approved the OU1 remedial action report for the Property in 2001. No further actions to remediate the soil at the Property have been required. During the Remedial Design of the OU3 remedy to address contaminated groundwater at the Property, it was determined that the alternative selected in the OU3 ROD would not treat enough contaminated water at the Property to significantly improve groundwater quality. As a result, EPA issued the ESD to require a modified remedy at the Property which includes vapor extraction and allows for the replacement of the air stripper with a vessel containing GAC to enhance the performance of the remedy selected in the OU3 ROD. EPA built the treatment system at the Property, and determined that it was operational and functional in 2012. EPA continues to operate and maintain the groundwater treatment system at the Property. Cleanup Levels In the OU1 ROD, EPA selected a soil cleanup level of 131 [mu]g/kg of trichloroethylene (TCE) to be protective of groundwater. To expedite backfilling of excavated areas at the Property, EPA conducted Quality Control sampling prior to excavation to delineate the extent of contamination, and eliminate the need to keep excavation areas open while additional sampling and analysis were being performed to determine if the performance standard (cleanup level) for soil in the OU1 ROD had been met. Thirty samples were collected at the Property and sent for analysis. The performance standard was exceeded at one location; therefore, additional samples were collected further out. As a result of the sampling, the boundary of excavation was extended out five feet to comply with the OU1 performance standard. After the excavation and off-site disposal of soils was completed, EPA certified the OU1 Remedial Action at the Property to be complete. The OU3 remedy to address contaminated groundwater called for restoration of the aquifer to beneficial use as a potable use aquifer. The OU3 ROD set the groundwater cleanup level as the EPA Maximum Contaminant Level (MCL). The MCL for TCE is 5 ug/L. There are currently ten monitoring wells on or near the Property: ROG-1S, ROG-1D, ROG-2S, ROG-2I, ROG-3S, ROG-3I, ROG-4S, ROG-4I, ROG-5, and ROG-6, in addition to the extraction well TA-1. Currently, only two of the monitoring wells at the Property, ROG-3S and ROG-4S, show contamination above the MCL. Most monitoring wells at the Property have shown downward trends in contamination since the OU3 remedy was implemented. The monitoring wells located in the Administrative Parcel (ROG-1S, ROG1D, ROG-2S, and ROG-2I) have never exhibited contaminant concentrations in excess of the performance standard (cleanup level) for groundwater in the OU3 ROD and are considered to be upgradient from the current contaminated groundwater plume. Operation and Maintenance (O&M) There are no O&M requirements and no institutional controls for OU1 at the Property. For OU3, EPA plans on transferring the groundwater treatment system at the Property to PADEP for O&M in 2022. There are no institutional controls for OU3 at the Property. The monitoring wells on the Administrative Parcel will continue to be sampled. Five-Year Review The selected remedial actions, upon completion, will not leave hazardous substances, pollutants, or contaminants on site above levels that allow for unlimited use and unrestricted exposure; however, the OU3 remedial action will require more than five years to complete. As a result, EPA will perform Five Year Reviews at the Site pursuant to Section 121(c) of CERCLA, 42 U.S.C. 9621(c), until the cleanup levels for groundwater in the OU3 ROD are achieved, allowing for unlimited use and unrestricted exposure. Five Year Reviews will be triggered by the date that construction is completed at the entire Site. Additional Investigations The owner of the Property performed additional investigations at the Property subsequent to EPA's investigations. In 2005, fifty soil borings were advanced throughout the Property. A soil sample was collected from each soil boring and analyzed for VOC contamination. No soil samples exceeded EPA's performance standards (cleanup levels) for soil in the OU1 ROD. Nine composite samples were also collected and analyzed for semi-volatile organic compounds (SVOCs), polychlorinated biphenyls (PCBs), pesticides, metals, and cyanide. SVOCs, PCBs, pesticides, and cyanide were not detected at elevated levels in these samples; however, arsenic was detected in three samples at levels that exceeded background and EPA Regional Screening Levels (RSLs). In 2006, the owner of the Property conducted additional sampling in the vicinity of the samples where the elevated levels of arsenic were found. Eighteen additional soil borings were advanced, and two soil samples were collected from each boring. Elevated levels of arsenic were detected in two soil borings. EPA conducted a more rigorous evaluation of the risks associated with the arsenic levels and determined that the risks associated with the concentrations are within EPA's acceptable risk range. The owner of the Property also conducted sampling to evaluate the planned construction of a stormwater [[Page 94266]] basin on the Lansdale Borough electrical substation property located within the boundaries of the Property. Twelve test pits were excavated, two of which are located within the Administrative Parcel. The test pits were analyzed for VOCs, and a composite sample was analyzed for SVOCs, pesticides, PCBs, metals, and cyanide. No VOCs were detected at levels above EPA's performance standards (cleanup levels) for soil in the OU1 ROD. SVOCs, PCBs, metals, and cyanide were not detected at elevated levels. The owner of the Property conducted additional sampling in 2016 on an approximately 3,000 cubic yard pile of top soil to be used as ground cover for the residential development. Twelve samples were collected from the pile and analyzed for metals. One sample was analyzed for hexavalent chromium. Metals concentrations were all found to be within EPA's acceptable risk range. 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 on which EPA relied for recommendation of the deletion of the Administrative Parcel from the NPL are available to the public in the information repositories. The locations of the information repositories are set forth at the end of the Addresses section at the beginning of this notice. Determination That the Criteria for Deletion Have Been Met EPA has determined based on the investigations conducted that all appropriate response actions under CERCLA have been implemented at the Administrative Parcel. The remedial action for OU1 removed contaminated soil from the Administrative Parcel. The implemented OU1 remedy for soils has achieved performance standards specified in the OU1 ROD at the Administrative Parcel. The four monitoring wells (ROG1S, ROG1D, ROG2S, and ROG2I) that are located within the Administrative Parcel have not shown significant detections of contaminants. These wells are also considered upgradient from the current contaminated groundwater plume. The implemented OU3 remedy for groundwater has achieved performance standards specified in the OU3 ROD at the Administrative Parcel and will continue to extract and treat contaminated groundwater at other portions of the Property. The selected remedial action objectives and associated cleanup levels for OU1 and OU3 at the Administrative Parcel are consistent with agency policy and guidance and have been achieved at the Administrative Parcel. No further Superfund response action for the Administrative Parcel is needed to protect human health and the environment. Other procedures for deletion required by 40 CFR 300.425(e) are detailed in Section III of this direct Final Notice of Partial Deletion of a portion of the Site. V. Partial Deletion Action The EPA, with concurrence of the Commonwealth of Pennsylvania, through the PADEP, has determined that all appropriate response actions under CERCLA, other than five-year reviews and monitoring, have been completed for the Administrative Parcel. Therefore, EPA is deleting the Administrative Parcel portion of the North Penn Area 6 Superfund Site from the NPL. Because EPA considers this action noncontroversial and routine, EPA is taking it without prior publication. This action will be effective February 21, 2017 unless EPA receives adverse comments by January 23, 2017. 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, as appropriate, 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 waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: December 5, 2016. Cecil Rodrigues, Acting Regional Administrator, Region III. For the reasons set out in this document, 40 CFR part 300 is amended as follows: PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 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. 0 2. Table 1 of appendix B to part 300 is amended by revising the PA entry for ``North Penn-Area 6'', ``Lansdale'' to read as follows: Appendix B to Part 300--[Amended] Table 1--General Superfund Section ---------------------------------------------------------------------------------------------------------------- State Site name City/County Notes (a) ---------------------------------------------------------------------------------------------------------------- * * * * * * * PA.................................... North Penn-Area 6............ Lansdale................ P * * * * * * * ---------------------------------------------------------------------------------------------------------------- (a) = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater than or equal to 28.50). S = State top priority (included among the 100 top priority sites regardless of score). P = Sites with partial deletion(s). [FR Doc. 2016-31032 Filed 12-22-16; 8:45 am] BILLING CODE 6560-50-P
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Maryland explanation/
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* * * * * other than five-year reviews, have been personal information provided, unless
[FR Doc. 2016–30880 Filed 12–22–16; 8:45 am] completed. However, this partial the comment includes information
BILLING CODE 6560–50–P deletion does not preclude future claimed to be Confidential Business
actions at the Administrative Parcel Information (CBI) or other information
under Superfund. whose disclosure is restricted by statute.
ENVIRONMENTAL PROTECTION This partial deletion pertains to soils Do not submit information that you
AGENCY and groundwater of the Administrative consider to be CBI or otherwise
Parcel portion of the Site. The other protected through http://
40 CFR Part 300 portions of the Site will remain on the www.regulations.gov or email. The
[EPA–HQ–SFUND–1989–0009; FRL–9957– NPL, and are not being considered for http://www.regulations.gov Web site is
31-Region 3] deletion as part of this action. an ‘‘anonymous access’’ system, which
DATES: This direct final partial deletion means EPA will not know your identity
National Oil and Hazardous is effective February 21, 2017 unless or contact information unless you
Substances Pollution Contingency EPA receives adverse comments by provide it in the body of your comment.
Plan; National Priorities List: Partial January 23, 2017. If adverse comments If you send an email comment directly
Deletion of the North Penn Area 6 are received, EPA will publish a timely to EPA without going through http://
Superfund Site withdrawal of the direct final partial www.regulations.gov, your email
AGENCY: Environmental Protection deletion in the Federal Register address will be automatically captured
Agency. informing the public that the partial and included as part of the comment
ACTION: Direct final rule; notice of deletion will not take effect. that is placed in the public docket and
partial deletion of the North Penn Area ADDRESSES: Submit your comments, made available on the Internet. If you
6 Superfund Site from the National identified by Docket ID no. EPA–HQ– submit an electronic comment, EPA
Priorities List. SFUND–1989–0009, by one of the recommends that you include your
following methods: name and other contact information in
SUMMARY: The Environmental Protection • http://www.regulations.gov. Follow the body of your comment and with any
Agency (EPA) Region III is publishing a on-line instructions for submitting disk or CD–ROM you submit. If EPA
direct final notice of partial deletion of comments. cannot read your comment due to
a portion of the North Penn Area 6 • Email: ngo.huu@epa.gov. technical difficulties and cannot contact
Superfund Site (Site) located in • Mail: U.S. Environmental you for clarification, EPA may not be
Lansdale Borough, Montgomery County, Protection Agency, Region III, Attn: Huu able to consider your comment.
Pennsylvania, from the National Ngo (3HS21), 1650 Arch Street, Electronic files should avoid the use of
Priorities List (NPL). The deletion Philadelphia, PA 19103–2029 special characters, any form of
affects approximately 6.5 acres located • Hand Delivery: U.S. Environmental encryption, and be free of any defects or
at 135 East Hancock Street (the Protection Agency, Region III, Attn: Huu viruses.
‘‘Administrative Parcel’’). The NPL, Ngo (3HS21), 1650 Arch Street, Docket: All documents in the docket
promulgated pursuant to section 105 of Philadelphia, PA 19103–2029, Phone: are listed in the http://
the Comprehensive Environmental 215–814–3187, Business Hours: Mon. www.regulations.gov index. Although
Response, Compensation, and Liability through Fri.—8:00 a.m. to 4:30 p.m. listed in the index, some information is
Act (CERCLA) of 1980, as amended, is Such deliveries are only accepted not publicly available, e.g., CBI or other
found at Appendix B of the National Oil during the Docket’s normal hours of information whose disclosure is
and Hazardous Substances Pollution operation, and special arrangements restricted by statute. Certain other
Contingency Plan (NCP). This direct should be made for deliveries of boxed material, such as copyrighted material,
final partial deletion is being published information. will be publicly available only in hard
jstallworth on DSK7TPTVN1PROD with RULES
by EPA with the concurrence of the Instructions: Direct your comments to copy. Publicly available docket
Commonwealth of Pennsylvania, Docket ID no. EPA–HQ–SFUND–1989– materials are available either
through the Pennsylvania Department of 0009. EPA’s policy is that all comments electronically in http://
Environmental Protection (PADEP), received will be included in the public www.regulations.gov or in hard copy at:
because EPA has determined that all docket without change and may be • U.S. EPA Region III, Superfund
appropriate response actions at the made available online at http:// Records Center, 6th Floor, 1650 Arch
Administrative Parcel under CERCLA, www.regulations.gov, including any Street, Philadelphia, PA 19103–2029;
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![94266 Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations
basin on the Lansdale Borough electrical implemented OU1 remedy for soils has 2017 unless EPA receives adverse
substation property located within the achieved performance standards comments by January 23, 2017. If
boundaries of the Property. Twelve test specified in the OU1 ROD at the adverse comments are received within
pits were excavated, two of which are Administrative Parcel. The four the 30-day public comment period, EPA
located within the Administrative monitoring wells (ROG1S, ROG1D, will publish a timely withdrawal of this
Parcel. The test pits were analyzed for ROG2S, and ROG2I) that are located direct final notice of partial deletion
VOCs, and a composite sample was within the Administrative Parcel have before the effective date of the partial
analyzed for SVOCs, pesticides, PCBs, not shown significant detections of deletion, and it will not take effect. EPA
metals, and cyanide. No VOCs were contaminants. These wells are also will prepare a response to comments
detected at levels above EPA’s considered upgradient from the current and continue with the deletion process,
performance standards (cleanup levels) contaminated groundwater plume. The as appropriate, on the basis of the notice
for soil in the OU1 ROD. SVOCs, PCBs, implemented OU3 remedy for of intent to partially delete and the
metals, and cyanide were not detected groundwater has achieved performance comments already received. There will
at elevated levels. standards specified in the OU3 ROD at be no additional opportunity to
The owner of the Property conducted the Administrative Parcel and will comment.
additional sampling in 2016 on an continue to extract and treat
approximately 3,000 cubic yard pile of List of Subjects in 40 CFR Part 300
contaminated groundwater at other
top soil to be used as ground cover for portions of the Property. The selected Environmental protection, Air
the residential development. Twelve remedial action objectives and pollution control, Chemicals, Hazardous
samples were collected from the pile associated cleanup levels for OU1 and waste, Hazardous substances,
and analyzed for metals. One sample OU3 at the Administrative Parcel are Intergovernmental relations, Penalties,
was analyzed for hexavalent chromium. consistent with agency policy and Reporting and recordkeeping
Metals concentrations were all found to guidance and have been achieved at the requirements, Superfund, Water
be within EPA’s acceptable risk range. Administrative Parcel. No further pollution control, Water supply.
Community Involvement Superfund response action for the
Dated: December 5, 2016.
Administrative Parcel is needed to
Public participation activities have protect human health and the Cecil Rodrigues,
been satisfied as required in CERCLA environment. Other procedures for Acting Regional Administrator, Region III.
section 113(k), 42 U.S.C. 9613(k), and deletion required by 40 CFR 300.425(e)
CERCLA section 117, 42 U.S.C. 9617. For the reasons set out in this
are detailed in Section III of this direct document, 40 CFR part 300 is amended
Documents in the deletion docket on Final Notice of Partial Deletion of a
which EPA relied for recommendation as follows:
portion of the Site.
of the deletion of the Administrative
Parcel from the NPL are available to the V. Partial Deletion Action PART 300—NATIONAL OIL AND
public in the information repositories. HAZARDOUS SUBSTANCES
The EPA, with concurrence of the POLLUTION CONTINGENCY PLAN
The locations of the information
repositories are set forth at the end of Commonwealth of Pennsylvania,
the Addresses section at the beginning through the PADEP, has determined that ■ 1. The authority citation for part 300
of this notice. all appropriate response actions under continues to read as follows:
CERCLA, other than five-year reviews
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
Determination That the Criteria for and monitoring, have been completed 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR,
Deletion Have Been Met for the Administrative Parcel. Therefore, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923,
EPA has determined based on the EPA is deleting the Administrative 3 CFR 1987 Comp., p. 193.
investigations conducted that all Parcel portion of the North Penn Area
6 Superfund Site from the NPL. ■ 2. Table 1 of appendix B to part 300
appropriate response actions under
is amended by revising the PA entry for
CERCLA have been implemented at the Because EPA considers this action
‘‘North Penn-Area 6’’, ‘‘Lansdale’’ to
Administrative Parcel. The remedial noncontroversial and routine, EPA is
read as follows:
action for OU1 removed contaminated taking it without prior publication. This
soil from the Administrative Parcel. The action will be effective February 21, Appendix B to Part 300—[Amended]
TABLE 1—GENERAL SUPERFUND SECTION
State Site name City/County Notes (a)
* * * * * * *
PA ........................... North Penn-Area 6 .................................................................................................... Lansdale ................. P
* * * * * * *
(a) = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater
than or equal to 28.50).
S = State top priority (included among the 100 top priority sites regardless of score).
jstallworth on DSK7TPTVN1PROD with RULES
P = Sites with partial deletion(s).
[FR Doc. 2016–31032 Filed 12–22–16; 8:45 am]
BILLING CODE 6560–50–P
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![Federal Register / Vol. 81, No. 247 / Friday, December 23, 2016 / Rules and Regulations 94267
ENVIRONMENTAL PROTECTION For general information contact: The submit a report containing this rule and
AGENCY TSCA-Hotline, ABVI-Goodwill, 422 other required information to the U.S.
South Clinton Ave., Rochester, NY Senate, the U.S. House of
40 CFR Part 721 14620; telephone number: (202) 554– Representatives, and the Comptroller
1404; email address: TSCA-Hotline@ General of the United States prior to
[EPA–HQ–OPPT–2016–0207; FRL–9956–13]
epa.gov. publication of the rule in the Federal
RIN 2070–AB27 SUPPLEMENTARY INFORMATION:
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
Significant New Use Rules on Certain I. Does this action apply to me?
Chemical Substances; Technical List of Subjects in 40 CFR Part 721
The Agency included in the
Correction Environmental protection, Chemicals,
November 17, 2016 final rule a list of
AGENCY: Environmental Protection those who may be potentially affected Hazardous substances, Reporting and
Agency (EPA). by this action. Recordkeeping requirements.
ACTION: Final rule; technical correction. Dated: December 9, 2016.
II. What does this technical correction
do? Maria J. Doa,
SUMMARY: EPA issued a final rule in the Director, Chemical Control Division, Office
Federal Register of November 17, 2016 EPA issued a final rule in the Federal of Pollution Prevention and Toxics.
for 57 chemical substances that were the Register of November 17, 2016 (81 FR
subject of premanufacture notices 81250) (FRL–9953–41) for significant Therefore, 40 CFR part 721 is
(PMNs). For the chemical substance that new uses for 57 chemical substances corrected as follows:
was the subject of PMN P–15–614, EPA that were the subject of PMN notices.
EPA included the wrong Chemical PART 721—[AMENDED]
inadvertently listed an incorrect
Chemical Abstract Service (CAS) Abstracts Service (CAS) Registry
■ 1. The authority citation for part 721
Registry Number. In addition, for the Number for § 721.10949 and the wrong
continues to read as follows:
chemical substance that was the subject name for § 721.10958. This action
of PMN P–16–52, EPA inadvertently corrects these errors. Authority: 15 U.S.C. 2604, 2607, and
used the incorrect name. The 2625(c).
III. Why is this correction issued as a
amendment in this document is being final rule? ■ 2. In § 721.10949, revise paragraph
issued to correct these errors. (a)(1) to read as follows:
DATES: This technical correction is
Section 553 of the Administrative
effective January 17, 2017. Procedure Act (APA) (5 U.S.C. § 721.10949 Neodymium sulfur yttrium
553(b)(3)(B)) provides that, when an oxide.
ADDRESSES: The docket for this action,
Agency for good cause finds that notice (a) Chemical substance and
identified by docket identification (ID) and public procedure are impracticable,
number EPA–HQ–OPPT–2016–0207, is significant new uses subject to reporting.
unnecessary or contrary to the public (1) The chemical substance identified as
available at http://www.regulations.gov interest, the Agency may issue a final
or at the Office of Pollution Prevention neodymium sulfur yttrium oxide (PMN
rule without providing notice and an P–15–614; CAS No. 1651153–45–5) is
and Toxics Docket (OPPT Docket), opportunity for public comment. EPA
Environmental Protection Agency subject to reporting under this section
has determined that there is good cause for the significant new uses described in
Docket Center (EPA/DC), West William for making this technical correction
Jefferson Clinton Bldg., Rm. 3334, 1301 paragraph (a)(2) of this section.
final without prior proposal and
Constitution Ave. NW., Washington, * * * * *
opportunity for comment. The SNUR at
DC. The Public Reading Room is open § 721.10949 contains the wrong CAS ■ 3. In § 721.10958, revise the section
from 8:30 a.m. to 4:30 p.m., Monday number associated with PMN P–15–614, heading and paragraph (a)(1) to read as
through Friday, excluding legal and the SNUR at § 721.10958 contains follows:
holidays. The telephone number for the the wrong name associated with PMN
Public Reading Room is (202) 566–1744, § 721.10958 Dialkylol amine, polymer with
P–16–52 that was the basis for the succinic anhydride and aromatic carboxylic
and the telephone number for the OPPT SNUR. EPA finds that this constitutes
Docket is (202) 566–0280. Please review acid (generic).
good cause under 5 U.S.C. 553(b)(3)(B).
the visitor instructions and additional (a) Chemical substance and
information about the docket available IV. Do any of the statutory and significant new uses subject to reporting.
at http://www.epa.gov/dockets. Executive Order reviews apply to this (1) The chemical substance identified
FOR FURTHER INFORMATION CONTACT: action? generically as dialkylol amine, polymer
For technical information contact: No. For a detailed discussion with succinic anhydride and aromatic
Kenneth Moss, Chemical Control concerning the statutory and executive carboxylic acid (PMN P–16–52) is
Division, Office of Pollution Prevention order review, refer to Unit XII. of the subject to reporting under this section
and Toxics, Environmental Protection November 17, 2016 final rule. for the significant new uses described in
Agency, 1200 Pennsylvania Ave. NW., paragraph (a)(2) of this section.
Washington, DC 20460–0001; telephone V. Congressional Review Act * * * * *
number: (202) 564–9232; email address: Pursuant to the Congressional Review [FR Doc. 2016–30769 Filed 12–22–16; 8:45 am]
jstallworth on DSK7TPTVN1PROD with RULES
moss.kenneth@epa.gov. Act (5 U.S.C. 801 et seq.), EPA will BILLING CODE 6560–50–P
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Document Created: 2016-12-23 12:29:02
Document Modified: 2016-12-23 12:29:02
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Direct final rule; notice of partial deletion of the North Penn Area 6 Superfund Site from the National Priorities List. | |
| Dates | This direct final partial deletion is effective February 21, 2017 unless EPA receives adverse comments by January 23, 2017. 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. | |
| Contact | Huu Ngo, Remedial Project Manager (3HS21), U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, PA 19103-2029; (215) 814-3187; email: [email protected] | |
| FR Citation | 81 FR 94262 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Chemicals; Hazardous Waste; Hazardous Substances; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Superfund; Water Pollution Control and Water Supply |
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