83 FR 35560 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Peters Cartridge Factory Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 145 (July 27, 2018)

Page Range		35560-35566
FR Document		2018-16123
The Environmental Protection Agency (EPA) Region 5 is publishing a direct final Notice of Partial Deletion of the Former Process Area (FPA) portion of the Peters Cartridge Factory Superfund Site in Kings Mills, Ohio 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 an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final Notice of Partial Deletion is being published by EPA with the concurrence of the State of Ohio, through the Ohio Environmental Protection Agency (OEPA), because EPA has determined that all appropriate response actions in the FPA under CERCLA, other than maintenance, monitoring and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund.
Federal Register, Volume 83 Issue 145 (Friday, July 27, 2018)
[Federal Register Volume 83, Number 145 (Friday, July 27, 2018)]
[Rules and Regulations]
[Pages 35560-35566]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16123]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2003-0010; FRL-9981-26--Region 5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Peters Cartridge 
Factory Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is 
publishing a direct final Notice of Partial Deletion of the Former 
Process Area (FPA) portion of the Peters Cartridge Factory Superfund 
Site in Kings Mills, Ohio 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 an appendix of the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP). This direct final Notice 
of Partial Deletion is being published by EPA with the concurrence of 
the State of Ohio, through the Ohio Environmental Protection Agency 
(OEPA), because EPA has determined that all appropriate response 
actions in the FPA under CERCLA, other than maintenance, monitoring and 
five-year reviews, have been completed. However, this partial deletion 
does not preclude future actions under Superfund.

DATES: This direct final partial deletion is effective September 25, 
2018 unless EPA receives adverse comments by August 27, 2018. If 
adverse comments are received, EPA will publish a timely withdrawal of 
the direct final partial deletion in the Federal Register (FR) 
informing the public that the partial deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2003-0010 at https://www.regulations.gov. Follow the online 
instructions for submitting comments. Comments may also be submitted by 
email or mail to Randolph Cano, NPL Deletion Coordinator, U.S. 
Environmental Protection Agency Region 5 (SR-6J), 77 West Jackson 
Boulevard, Chicago, IL 60604, Phone: (312) 886-6036, email address: 
[email protected] or hand deliver: Superfund Records Center, U.S. 
Environmental Protection Agency, Region 5, 77 West Jackson Boulevard, 
7th Floor South, Chicago, IL 60604, Phone: (312) 886-0900. Such 
deliveries are only accepted during the Docket's normal hours of 
operation, and special arrangements should be made for deliveries of 
boxed information. The normal business hours are Monday through Friday, 
8 a.m. to 4 p.m., excluding Federal holidays.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2003-0010. 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 website 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 statue. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
at http://www.regulations.gov or electronically or in hard copy at:
    U.S. Environmental Protection Agency, Region 5, Superfund Records 
Center, 77 West Jackson Boulevard, 7th Floor South, Chicago, IL 60604, 
Phone:

[[Page 35561]]

(312) 886-0900, Hours: Monday through Friday, 8 a.m. to 4 p.m., 
excluding Federal holidays.
    Salem Township Library, 535 West Pike Street, Morrow, OH 45152, 
Phone: (513) 899-2588. Hours: Monday and Tuesday, 10:00 a.m. to 8:00 
p.m. Wednesday and Thursday, 10:00 a.m. to 6:00 p.m. Friday, 10:00 a.m. 
to 5:00 p.m. Saturday, 10:00 a.m. to 2:00 p.m.
    Warren County Administration Building, 406 Justice Drive, Lebanon, 
OH 45036, Phone: (513) 695-1000. Hours: Monday through Friday 8:00 a.m. 
to 5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Randolph Cano, NPL Deletion 
Coordinator, U.S. Environmental Protection Agency, Region 5 (SR-6J), 77 
West Jackson Boulevard, Chicago, IL 60604, Phone: (312) 886-6036, or 
via email at [email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 5 is publishing this direct final Notice of Partial 
Deletion for the Peters Cartridge Factory Site (Peters Cartridge Site), 
from the National Priorities List (NPL). This partial deletion pertains 
to the Former Process Area (FPA) portion of the Site, property 
identification numbers (PINs) 16-12-453-004, 16-12-453-005 and 16-12-
400-012. The NPL constitutes Appendix B of the NCP, which EPA 
promulgated pursuant to CERCLA. 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 (RA) financed by the Hazardous Substance Superfund 
(Fund). This partial deletion of the Peters Cartridge 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 section 
300.425(e)(3) of the NCP, a portion of a site deleted from the NPL 
remains eligible for Fund-financed RAs if future conditions warrant 
such actions.
    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 FPA of the Peters Cartridge 
Site and demonstrates how it meets the deletion criteria. Section V 
discusses EPA's action to partially delete the FPA 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, or portions 
thereof, 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 (RI) 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 Section 121(c) of CERCLA, 42 U.S.C. 9621 and the NCP, 
EPA conducts five-year reviews to ensure the continued protectiveness 
of RAs 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 or a 
portion of 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 FPA of the 
Peters Cartridge Site:
    (1) EPA has consulted with the State of Ohio 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 FR.
    (2) EPA has provided the State 30 working days for review of this 
notice and the parallel Notice of Intent for Partial Deletion prior to 
their publication today, and the State, through the OEPA, has concurred 
on the partial deletion of the Site from the NPL.
    (3) Concurrent with the publication of this direct final Notice of 
Partial Deletion, an announcement of the availability of the parallel 
Notice of Intent for Partial Deletion is being published in a major 
local newspaper, The Cincinnati Enquirer. 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) 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-calendar 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 site from the NPL does not preclude eligibility for further 
response actions, should future conditions warrant such actions.

IV. Basis for Site Partial Deletion

    The following information provides EPA's rationale for deleting the 
FPA of the Peters Cartridge Site from the NPL:

Site Background and History

    The Peters Cartridge Site (CERCLIS ID: OHD 987051083) is an 
approximately 71-acre parcel of land located along the south bank of 
the Little Miami River, in Warren County, Ohio. The Peters Cartridge 
Site is located at 1415 Grandin Road, Kings Mills, 45034, Hamilton 
Township, Ohio. Approximately one acre of the Site is located east of 
Grandin Road.
    The Peters Cartridge Factory produced ordnance and shot shell 
ammunition at the Site from 1887 to 1934. The Remington Arms Company, 
Inc. (Remington) purchased the Peters Cartridge Factory in 1934 and 
continued the production of shot shell and cartridge ammunition at the 
facility. During the Second World War,

[[Page 35562]]

Remington produced .30 and .45-caliber carbine ammunition for the U.S. 
Government, until 1944, after which Remington discontinued operations 
at the facility.
    The Peters Cartridge Site was subsequently divided into multiple 
land parcels that have been owned and occupied by various non-
ammunition making entities since 1944. None of these companies are 
responsible for the contamination that is being addressed at the Site.
    OEPA noted the release of possible hazardous substances at the Site 
in 1992. OEPA conducted a preliminary assessment in 1993 and brought 
the Site to the attention of EPA. OEPA conducted several screening 
investigations and evaluations at the Site between 1994 and 1999. 
During these investigations, OEPA collected soil, sediment, and 
groundwater samples. OEPA analyzed the samples for volatile organic 
compounds, semivolatile organic compounds (SVOCs), pesticides, and 
metals.
    OEPA's investigations concluded that the Site was impacted by 
copper, lead, and mercury. These metals are associated with the former 
munitions manufacturing operations. The impacts appeared to be 
generally confined to surface soils in the former manufacturing and 
storage areas in the FPA. OEPA detected some SVOCs and pesticides in 
sediment samples from the Little Miami River, but these compounds were 
not found in soil or sediment samples from the Site and are not Site-
related.
    EPA proposed the Peters Cartridge Site to the NPL on April 30, 2003 
(68 FR 23094). EPA finalized the Peters Cartridge Site on the NPL on 
September 18, 2012 after negotiations with potentially responsible 
parties (PRPs) to implement the cleanup remedy in EPA's 2009 Record of 
Decision (ROD) for the Site failed (77 FR 57495). The effective date of 
the final rule was October 18, 2012.
    The Peters Cartridge Site is a single operable unit consisting of 
three areas: The FPA, which is the portion of the Site EPA is deleting 
from the NPL, and the Hamilton Township Property (HTP) and Lowland Area 
(LA) which are not being deleted and will remain on the NPL.
    The FPA is the production portion of the Site where most of the 
Peters Cartridge manufacturing processes took place. The FPA is 
comprised of three parcels of developed land that total 14.29 acres and 
contain six buildings.
    Most of the FPA is relatively flat and covered by buildings, 
concrete or asphalt paving, and small landscaped areas. Discontinuous 
areas of ash-like fill were present around the buildings. Portions of 
the FPA are used by commercial or industrial businesses.
    The HTP is a 56-acre parcel of unimproved wooded land south and 
southwest of the FPA. The HTP was primarily used to store the finished 
munitions manufactured at the Site. The HTP consists of steeply-sloping 
bedrock ridges and rolling topography with dense vegetation. The HTP 
contains bunkers, concrete supports, foundations, conveyance 
structures, and other facilities historically used by the Peters 
Cartridge Company.
    The HTP contains a former salvage area in the northwestern portion 
of the property that is unpaved and is surrounded by a steel fence and 
mature woody and herbaceous vegetation. The former salvage area 
features buildings original to the former salvage yard and also 
contains discontinuous areas of ash-like fill. Hamilton Township plans 
to retain the HTP as open space.
    The LA is located at the northern edge of the Site within the 
Little Miami River floodplain. The LA is differentiated from the rest 
of the Site by steel fencing, thick vegetation, and steep topography 
along the southern border of the Little Miami River Scenic Trail. The 
trail was a historical railroad right-of-way that was redeveloped as a 
bike and walking path.
    North of the trail, the LA includes some historical manufacturing 
areas characterized by the presence of ash-like fill, concrete 
foundations, masonry structures, and concrete culverts/outfalls that 
drain surface water from the upland portions of the Site. Future land 
use in the LA is expected to remain recreational/open space.
    This partial deletion pertains to all media within the FPA portion 
of the Peters Cartridge Site (see Current Site Layout in Docket 
Document ID EPA-HQ-SFUND-2003-0010-1954 in the Docket). The remaining 
areas of the Site, including the HTP and LA, will remain on the NPL and 
are not being considered for deletion as part of this action.

Remedial Investigation (RI) and Feasibility Study (FS)

    The PRPs conducted a remedial investigation (RI) and feasibility 
study (FS) at the Site under a 2004 Administrative Order on Consent 
with EPA. The RI investigated the contamination at the Site and the FS 
evaluated potential cleanup alternatives to address the unacceptable 
Site risks identified in the human health and ecological risk 
assessments.
    The PRPs conducted the RI in multiple phases from 2005 to 2009. The 
PRPs collected surface (zero to two feet below ground surface) and 
subsurface (greater than two feet below ground surface) soil samples 
from 112 soil boring locations in the FPA, 199 soil borings in the HTP, 
and 69 soil borings in the LA. The PRPs also collected samples of 
surface swale-soil from 29 locations in the HTP area, sediment samples 
from seven on-Site locations near the discharge points of the on-Site 
drainage features near the Little Miami River, 22 surface water 
sampling locations, and groundwater samples from eleven groundwater 
monitoring wells. The PRPs did not collect swale-soil samples from the 
FPA or LA because swale-soil was not present in these areas.
    The results of the PRPs' human health risk assessment indicate that 
surface soil in the FPA posed an unacceptable risk to current 
commercial/industrial workers, utility workers and trespassers, and to 
future construction workers and residents. The risks were due to the 
concentrations of arsenic, benzo(a)pyrene, naphthalene and lead 
detected in the surface soil. The surface soil in the HTP posed an 
unacceptable risk to current trespassers and utility workers, and to 
future construction workers, residents and recreational users in the 
HTP. These risks were due to arsenic, benz(a)pyrene, lead and antimony 
detected in the HTP. The concentrations of lead in the LA surface soil 
posed an unacceptable risk to current utility workers, and to 
recreational users in off-trail areas.
    The risk assessment determined that shallow, on-Site groundwater 
would pose an unacceptable cancer risk to potential future residents if 
the groundwater was used as a residential water supply. This risk is 
due to arsenic detected in the groundwater, but at concentrations below 
the Maximum Contaminant Level (MCL) for arsenic established under the 
Safe Drinking Water Act.
    The current potential for human exposure to on-Site groundwater is 
limited, since the Site is used for commercial and industrial purposes 
and on-Site groundwater is not used for potable or any other uses, 
including irrigation. Potable water at the Site is currently supplied 
by the Warren County Water District. The groundwater is also at a depth 
where direct contact during intrusive activities is unlikely to occur.
    The PRPs' ecological risk assessment indicated that surface soil in 
the terrestrial habits at the Site posed an unacceptable risk to 
ecological

[[Page 35563]]

receptors. The risks were due to the concentrations of antimony, 
arsenic, cadmium, copper, lead, mercury, nickel, selenium, thallium and 
zinc detected at the Site. The ecological risk assessment also 
identified potential ecological risks at the Site based on exposure to 
erosional material and surface water in the concrete-lined culverts at 
the Site, and to sediment and surface water in culvert outfalls along 
the shoreline of the Little Miami River.
    OEPA conducted additional studies of the Little Miami River in 1999 
and 2007. These studies indicated that Site-related contaminants were 
not impacting ecological receptors in the River. On-Site drainage 
features, however, had the potential to transport Site-related 
contaminants to surface water and river sediment.
    The PRPs completed an FS in 2009. The FS developed and evaluated 
four cleanup alternatives to address the unacceptable risks at the 
Site. The FS evaluated soil remediation technologies to clean up the 
surface soil/swale contaminants in the FPA, HTP and LA, and in the 
upper six inches of shoreline sediment at culvert outfalls.
    The FS determined that focusing the cleanup on the lead-impacted 
soil at the Site would result in the remediation of the other 
contaminants detected at the Site since the primary Site risk was due 
to exposure to lead-impacted soil. The FS also assumed that 
institutional controls (ICs) would be used to prevent residential land 
use and groundwater use at the Site.

Selected Remedy

    EPA developed remedial action objectives (RAOs) to address the 
unacceptable risks to human health and the environment identified for 
exposure to on-Site soil/swale contaminants, the shoreline sediments in 
the Little Miami River, and groundwater.
    EPA's RAOs for on-Site soil are to: Prevent human exposure to 
surface/swale soil having chemical concentrations resulting in a 
cumulative excess lifetime cancer risk greater than 1 x 10^-4 
or a non-cancer hazard index greater than 1; prevent human exposure to 
surface and subsurface soil with lead concentrations greater than EPA's 
residential standard (i.e., 400 mg/kg) or, if an IC restricts 
residential development, prevent human exposure to surface/swale soil 
with lead concentrations greater than EPA's commercial standard (i.e., 
800 mg/kg); and prevent ecological receptor exposures to on-Site 
surface soil/swale soil with copper, lead, and mercury concentrations 
creating unacceptable levels of risk.
    EPA's RAO for shoreline sediments is to prevent the exposure of 
aquatic receptors to contaminants of ecological concern in the Little 
Miami River by limiting the migration of Site-related contaminants in 
depositional material in the channelized outfalls and deltas bordering 
the river. This will be done by removing on-Site sources that 
contribute to elevated concentrations in the surface water discharged 
from the site.
    EPA's RAO for groundwater is to prevent future residents from 
ingesting groundwater having an arsenic concentration that exceeds its 
MCL. This will be done as a limited RA using ICs to restrict 
groundwater use at the Site.
    EPA selected a cleanup remedy for the Site in a Record of Decision 
(ROD) on September 28, 2009. The major components of the selected 
remedy detailed in the ROD are:
    (1) Excavate surface soil in the FPA to a depth of at least two 
feet below ground surface (bgs) in areas that exceed the EPA commercial 
standard for lead of 800 milligrams per kilogram (mg/kg), and excavate 
surface soil in the HTP and LA to a depth of at least two feet bgs in 
areas that exceed the EPA residential standard for lead of 400 mg/kg. 
The actual areas to be excavated and depths will be determined and 
evaluated during the Remedial Design (RD). The excavated areas will be 
backfilled with clean fill material to the existing grade.
    (2) Clean out and remove debris and erosional material at drainage 
culvert and outfall areas. Excavate three identified shoreline sediment 
areas to a depth of approximately six inches and backfill the shoreline 
sediment areas with clean fill material.
    (3) Consolidate impacted soil, sediment, and erosional material in 
an on-Site consolidation cell. The cell will be constructed with an 
impermeable composite liner and cap system developed to be consistent 
with State regulations. A flexible membrane liner with a geotextile 
cushion will be installed as the main component of the cell liner 
system.
    (4) Cap the consolidation cell with a composite cap system 
consisting of a six-inch-thick vegetative support layer, a two-foot-
thick layer of compacted low-permeability clay, a geocomposite drainage 
layer, a flexible geomembrane, and a low-permeability clay layer 
beneath the geomembrane. The final cap design will be developed to be 
compliant with State regulations during the RD phase of the project. 
During the RD phase it will be determined whether an access restriction 
will be required based on future use of the area.
    (5) Monitor groundwater to ensure that there is no migration of 
contaminants from the consolidation cell.
    (6) ICs in the form of deed restrictions will be required to 
accomplish the following: Restrict land use to nonresidential purposes; 
limit future Site activities to prevent intrusive activities that could 
compromise the consolidation cell; and restrict on-Site groundwater 
from being used as a residential water supply.
    (7) A review will be conducted within five years after the 
initiation of the RA and every five years thereafter to ensure that the 
selected remedy is still protective of human health and the 
environment, and will include a determination of whether land use 
changes have occurred or are likely to occur.
    EPA issued a Unilateral Administrative Order to the lead PRP for 
the Site, E.I. du Pont de Nemours and Company (DuPont), to conduct the 
RD and RA work required by the ROD on March 30, 2012, after 
negotiations with DuPont and the other PRPs failed. DuPont conducted a 
Pre-Design Investigation (PDI) in 2012-2013. During the PDI, DuPont 
further delineated the extent of soil with lead concentrations above 
cleanup standards that would require excavation.
    DuPont's PDI found that approximately 10,300 cubic yards of soil 
within the excavation areas outlined in the ROD was characteristically 
hazardous for lead based on the results of toxicity characteristic 
leaching procedure (TCLP) testing. The PDI also found that some of the 
characteristically hazardous lead-contaminated soil was located in some 
areas of the Site at depths greater than two feet bgs.
    EPA issued an Explanation of Significant Differences (ESD) 
modifying the ROD based on the PDI in June 2015. The modified remedy 
required the excavation of all characteristically hazardous soils at 
the Site, regardless of depth. All soils with concentrations of lead 
considered to be characteristic hazardous waste were required to be 
stabilized to render them nonhazardous before being placed in the on-
Site consolidation cell. Based on the PDI, the deepest excavation was 
estimated to be four feet bgs.
    The ESD also made it clear that an Institutional Control 
Implementation and Assurance Plan (ICIAP) was required as part of the 
selected remedy. The ESD also explained EPA and OEPA's determination 
that a 2.0 percent final slope for the composite cap system over the 
on-Site consolidation cell was acceptable and provided a waiver of the

[[Page 35564]]

5.0 percent final slope requirements in Ohio Administrative Code 3745-
29-08(C)(4)(c).

Response Actions

    DuPont's contractor, Parsons, began RA construction activities at 
the Site in March 2015. Parsons excavated surface soil in the FPA with 
lead concentrations above EPA's commercial cleanup level for lead of 
800 mg/kg from a depth of zero to two feet bgs; and surface/swale soil 
in the HTP and LA with concentrations above EPA's residential cleanup 
level for lead of 400 mg/kg from a depth of zero to two feet bgs.
    Parsons additionally excavated all surface/swale and subsurface 
soil in the FPA, HTP and LA that exceeded EPA's hazardous waste TCLP 
concentration for lead of 5.0 milligrams/liter (mg/l), regardless of 
depth (zero to four feet).
    Parsons consolidated the excavated soil in an on-Site consolidation 
cell Parsons constructed in the HTP at the southern end of the Site. 
Parsons treated the soil with TCLP concentrations above EPA's hazardous 
waste criteria with a proprietary in-situ stabilizing mixture that 
rendered the material nonhazardous prior to excavation and 
consolidation in the on-Site cell.
    The excavated areas included: Most of the area sampled adjacent to 
and between the buildings in the FPA, and isolated areas on hill slopes 
behind the buildings; the HTP adjacent to the western portion of the 
FPA and LA; three small, isolated areas in the HTP upland areas; most 
of the portion of the LA between the Little Miami River Scenic Trail 
and the FPA; and isolated areas in the LA in the floodplain terrace 
along the Little Miami River and adjacent to Grandin Road. Four areas 
within the FPA and LA required excavation to four feet bgs to remove 
soil exceeding the regulatory level for TCLP lead.
    Parsons backfilled the excavated areas with clean soil covered by 
six inches of clean topsoil to existing grade.
    Parsons excavated the sediments from the on-Site drainage channels, 
concrete culverts and outfalls and consolidated these materials in the 
consolidation cell with the excavated soil. Parsons excavated and 
disposed of trash located in one area of the Site, including hazardous 
and nonhazardous soil and a small amount of asbestos-containing 
material, at appropriate off-Site disposal facilities.
    The consolidation cell has a vegetated surface with a stone access 
road across the top of cap. The road provides access to the leachate 
sump and monitoring wells located on the north side of the cell.
    Parsons submitted a Construction Completion Report documenting the 
completion of the RA construction activities to EPA and OEPA on June 7, 
2017. EPA issued a letter approving DuPont's Construction Completion 
Report on June 26, 2017.

Cleanup Levels

    The cleanup levels for the Site are: EPA's commercial cleanup level 
for lead of 800 mg/kg for surface soil in the FPA; EPA's residential 
cleanup level for lead of 400 mg/kg for surface soil in the HTP and LA; 
and EPA's TCLP hazardous waste leaching criteria of 5 mg/l for lead in 
all soil, regardless of depth. The ROD also requires groundwater use 
restrictions for on-Site groundwater with arsenic concentrations above 
the MCL of 10 micrograms/liter, and the excavation of debris and 
erosional material in on-Site culverts and outfalls, and of shoreline 
sediment in the Little Miami River.
    Parsons determined the limits of the soil and sediment excavations, 
and the limits of soil stabilization required to meet the cleanup 
criteria in the ROD and ESD during the RD based on the results of the 
PDI. Parsons verified that all impacted soil was excavated to required 
limits by conducting surveys of the excavated areas before and after 
excavation for a point-by-point comparison. Parsons confirmed that all 
hazardous soil was properly treated prior to excavation by testing the 
stabilized soil in each grid for TCLP lead, arsenic, and mercury to 
confirm the soil was nonhazardous. All post-treatment samples passed 
the TCLP values for these compounds prior to excavation and 
consolidation in the on-Site cell except for one area which required a 
second round of treatment.
    Parsons, EPA and OEPA verified that the sediment, debris and eroded 
materials were removed from the on-Site culverts, outfalls and the 
river shoreline through visual inspections conducted prior to and 
during an August 16, 2016 pre-final Site inspection.

Operation and Maintenance

    DuPont is responsible for conducting operation and maintenance 
(O&M) at the Peters Cartridge Site consistent with a January 2017 O&M 
and ICIAP. The only O&M required for the FPA is to maintain, monitor 
and enforce the ROD-required IC, which is in the form of an 
Environmental Covenant (EC), and to conduct groundwater sampling, as 
needed.
    The current owner of the FPA, Peters Cartridge Factory, LLC (PCF), 
filed the EC required by the ROD pursuant to Ohio Revised Code 
Sec. Sec.  5301.80 to 5301.92, on the FPA portion of the Peters 
Cartridge Site. PCF filed the EC with the Warren County Recorder's 
Office on January 30, 2018, Instrument 2018-003019. A copy of the 
recorded EC is in Docket Document ID EPA-HQ-SFUND-2003-0010-1942 in the 
Docket.
    PCF's EC: (1) Restricts land use in the FPA to commercial and/or 
industrial use, and prohibits residential use of the property unless 
and until additional cleanup activities are performed and the EC is 
amended or terminated; (2) prohibits the extraction or use of 
groundwater beneath the FPA for any purpose, potable or otherwise, 
unless approved by EPA and for the purposes of investigation, 
monitoring, groundwater remediation or for a response activity; and (3) 
requires all excavation, digging, grading or disturbance of the ground 
surface in the FPA to be conducted in accordance with the September 
2017 Soil Management Plan developed for the Site.

Five-Year Reviews

    EPA is required to conduct statutory five-year reviews at the 
Peters Cartridge Site because hazardous substances, pollutants, or 
contaminants remain at the Site above levels that allow for unlimited 
use and unrestricted exposure. EPA must complete the first five-year 
review of the Site by December 12, 2019.

Community Involvement

    EPA satisfied public participation activities for the Peters 
Cartridge Site required in Sections 113(k) and 117 of CERCLA, 42 U.S.C. 
9613(k) and 9617. EPA developed a Community Involvement Plan for the 
Site in 2009. EPA made the RI/FS Report and Proposed Plan for the Site 
available to the public in June 2009. EPA placed copies of the RI/FS 
Report and Proposed Plan in the administrative record file maintained 
at the EPA Region 5 Records Center in Chicago, Illinois, and in the 
local information repositories for the Site at the Salem Township 
Library, 535 W Pike Street, Morrow, Ohio 45152 and the Warren County 
Administration Building, 406 Justice Drive, Lebanon, Ohio 45036. EPA 
also posted the RI/FS and Proposed Plan to the EPA Region 5 website at: 
http://www.epa.gov/region5/sites/peterscartridge/index.htm.
    EPA published notices advertising the availability of the RI/FS 
Report and EPA's Proposed Plan for the Site in the Pulse-Journal, 
Little Miami/Kings Mills Edition and the Western Star, in Lebanon, Ohio 
on July 2, 2009.
    EPA held a public comment period on its proposed cleanup plan for 
the Site

[[Page 35565]]

from July 6, 2009 through August 6, 2009. EPA also held a public 
meeting to present its Proposed Plan for the Site to a broader 
community audience on July 15, 2009. At the meeting, representatives 
from EPA and OEPA answered questions about the contamination at the 
Site and the cleanup alternatives that were considered.
    EPA also used the meeting to solicit a wider cross-section of 
community input on the reasonably anticipated future land uses of the 
Site. Approximately 20 people attended the meeting, including 
representatives from the Little Miami River Group and Hamilton 
Township.
    EPA considered the public comments received during the public 
meeting and public comment period prior to selecting a final remedy for 
the Site in the ROD. EPA's responses to the comments received are 
included in a Responsiveness Summary, which is part of the ROD.
    EPA provided additional opportunities for public participation when 
issuing the ESD. Although there are no requirements to hold a public 
meeting or formal public comment period when an ESD is issued, EPA and 
OEPA voluntarily decided to conduct a public availability session to 
inform the local community of the changes in the original remedy and 
answer questions. EPA and OEPA chose to involve the local community 
because of the community's interest in the Site, and held an 
availability session on February 12, 2015. Approximately 40 people from 
the surrounding area attended the meeting.
    EPA made the ESD available to the public by placing it in the 
administrative record with other documents supporting the ESD, in the 
information repositories. EPA also coordinated with OEPA to ensure that 
a notice summarizing the ESD and explaining EPA's reasons for the 
remedy changes was published in a local newspaper after the ESD was 
approved.
    EPA published a notice announcing this direct final Notice of 
Partial Deletion in the Cincinnati Enquirer prior to publishing this 
deletion in the Federal Register. Documents in the deletion docket 
which EPA relied on to support the deletion of the FPA from the NPL are 
available to the public in the information repositories and at http://www.regulations.gov.

Determination That the Criteria for Partial Deletion Have Been Met

    The FPA portion of the Peters Cartridge Site meets all of the site 
completion requirements specified in Office of Solid Waste and 
Emergency Response (OSWER) Directive 9320.22, Close-Out Procedures for 
National Priorities List Sites. All cleanup actions and RAOs for the 
FPA set forth in the 2009 ROD and 2015 ESD have been implemented for 
all pathways of exposure in the FPA. The selected RAs, RAOs, and 
associated cleanup levels for the FPA are consistent with EPA policy 
and guidance. No further Superfund response is necessary to protect 
human health or the environment in the FPA.
    Section 300.425(e) of the NCP states that a Superfund site or a 
portion of a site may be deleted from the NPL when no further response 
action is appropriate. EPA, in consultation with the State of Ohio, has 
determined that all required response actions have been implemented at 
the FPA portion of the Peters Cartridge Site and that no further 
response action by the responsible parties is appropriate on this 
property.

V. Partial Deletion Action

    EPA, with concurrence of the State of Ohio through the OEPA, has 
determined that all appropriate response actions under CERCLA, other 
than maintenance, monitoring and five-year reviews, have been completed 
at the FPA. Therefore, EPA is deleting the FPA portion of the Peters 
Cartridge Site, PINs 16-12-453-004, 16-12-453-005 and 16-12-400-012, 
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 September 25, 2018 unless EPA receives adverse comments by 
August 27, 2018. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely notice of withdrawal 
of this direct final Notice of Partial Deletion before its effective 
date and the partial deletion 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 waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: July 17, 2018.
Cathy Stepp,
Regional Administrator, Region 5.

    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(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; 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 to Part 300--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by revising the listing 
under Ohio for ``Peters Cartridge Factory'' to read as follows:

Appendix B to Part 300--National Priorities List

                   Table 1--General Superfund Section
------------------------------------------------------------------------
       State             Site name        City/county       Notes (a)
------------------------------------------------------------------------
 
                              * * * * * * *
OH.................  Peters Cartridge  Kings Mills.....               P
                      Factory.
 
                              * * * * * * *
------------------------------------------------------------------------
(a) * * *
 * * * * * * *
P = Sites with partial deletion(s).


[[Page 35566]]

* * * * *
[FR Doc. 2018-16123 Filed 7-26-18; 8:45 am]
BILLING CODE 6560-50-P
35560 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations

V. Deletion Action ENVIRONMENTAL PROTECTION Region 5, 77 West Jackson Boulevard,
AGENCY 7th Floor South, Chicago, IL 60604,
The EPA, with concurrence of the Phone: (312) 886–0900. Such deliveries
State of Texas through the Texas 40 CFR Part 300 are only accepted during the Docket’s
Commission on Environment Quality, normal hours of operation, and special
[EPA–HQ–SFUND–2003–0010; FRL–9981–
has determined that all appropriate 26—Region 5] arrangements should be made for
response actions under CERCLA, have deliveries of boxed information. The
been completed. Therefore, EPA is National Oil and Hazardous normal business hours are Monday
deleting the Site from the NPL. Substances Pollution Contingency through Friday, 8 a.m. to 4 p.m.,
Because EPA considers this action to Plan; National Priorities List: Partial excluding Federal holidays.
Deletion of the Peters Cartridge Instructions: Direct your comments to
be noncontroversial and routine, EPA is
Factory Superfund Site Docket ID No. EPA–HQ–SFUND–2003–
taking it without prior publication. This 0010. EPA’s policy is that all comments
action will be effective September 10, AGENCY: Environmental Protection received will be included in the public
2018 unless EPA receives adverse Agency (EPA). docket without change and may be
comments by August 27, 2018. If ACTION: Direct final rule. made available online at http://
adverse comments are received within www.regulations.gov, including any
the 30-day public comment period, EPA SUMMARY: The Environmental Protection personal information provided, unless
will publish a timely withdrawal of this Agency (EPA) Region 5 is publishing a the comment includes information
direct final notice of deletion before the direct final Notice of Partial Deletion of claimed to be Confidential Business
effective date of the deletion, and it will the Former Process Area (FPA) portion Information (CBI) or other information
not take effect. EPA will prepare a of the Peters Cartridge Factory whose disclosure is restricted by statute.
response to comments and continue Superfund Site in Kings Mills, Ohio Do not submit information that you
with the deletion process on the basis of from the National Priorities List (NPL). consider to be CBI or otherwise
the notice of intent to delete and the The NPL, promulgated pursuant to protected through http://
comments already received. There will Section 105 of the Comprehensive www.regulations.gov or email. The
be no additional opportunity to Environmental Response, http://www.regulations.gov website is
comment. Compensation, and Liability Act an ‘‘anonymous access’’ system, which
(CERCLA) of 1980, as amended, is an means EPA will not know your identity
List of Subjects in 40 CFR Part 300 appendix of the National Oil and or contact information unless you
Hazardous Substances Pollution provide it in the body of your comment.
Environmental protection, Air Contingency Plan (NCP). This direct If you send an email comment directly
pollution control, Chemicals, Hazardous final Notice of Partial Deletion is being to EPA without going through http://
waste, Hazardous substances, published by EPA with the concurrence www.regulations.gov, your email
Intergovernmental relations, Penalties, of the State of Ohio, through the Ohio address will be automatically captured
Reporting and recordkeeping Environmental Protection Agency and included as part of the comment
requirements, Superfund, Water (OEPA), because EPA has determined that is placed in the public docket and
pollution control, Water supply. that all appropriate response actions in made available on the internet. If you
Dated: July 19, 2018. the FPA under CERCLA, other than submit an electronic comment, EPA
maintenance, monitoring and five-year recommends that you include your
Arturo Blanco,
reviews, have been completed. name and other contact information in
Acting Regional Administrator, Region 6. However, this partial deletion does not the body of your comment and with any
For the reasons set out in this preclude future actions under disk or CD–ROM you submit. If EPA
document, 40 CFR part 300 is amended Superfund. cannot read your comment due to
technical difficulties and cannot contact
as follows: DATES: This direct final partial deletion
you for clarification, EPA may not be
is effective September 25, 2018 unless
PART 300—NATIONAL OIL AND able to consider your comment.
EPA receives adverse comments by
HAZARDOUS SUBSTANCES Electronic files should avoid the use of
August 27, 2018. If adverse comments special characters, any form of
POLLUTION CONTINGENCY PLAN are received, EPA will publish a timely encryption, and be free of any defects or
withdrawal of the direct final partial viruses.
■ 1. The authority citation for part 300 deletion in the Federal Register (FR) Docket: All documents in the docket
continues to read as follows: informing the public that the partial are listed in the http://
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
deletion will not take effect. www.regulations.gov index. Although
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, ADDRESSES: Submit your comments, listed in the index, some information is
2013 Comp., p. 306; E.O. 12777, 56 FR 54757, identified by Docket ID No. EPA–HQ– not publicly available, e.g., CBI or other
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 SFUND–2003–0010 at https:// information whose disclosure is
FR 2923, 3 CFR, 1987 Comp., p. 193. www.regulations.gov. Follow the online restricted by statue. Certain other
instructions for submitting comments. material, such as copyrighted material,
Appendix B to Part 300—[Amended] Comments may also be submitted by will be publicly available only in hard
email or mail to Randolph Cano, NPL copy. Publicly available docket
■ 2. Table 1 of Appendix B to part 300 Deletion Coordinator, U.S. materials are available either
is amended in the table by removing the Environmental Protection Agency electronically at http://
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entry for ‘‘TX, Old Esco Manufacturing, Region 5 (SR–6J), 77 West Jackson www.regulations.gov or electronically or
Greenville’’. Boulevard, Chicago, IL 60604, Phone: in hard copy at:
[FR Doc. 2018–16119 Filed 7–26–18; 8:45 am] (312) 886–6036, email address: U.S. Environmental Protection
BILLING CODE 6560–50–P cano.randolph@epa.gov or hand deliver: Agency, Region 5, Superfund Records
Superfund Records Center, U.S. Center, 77 West Jackson Boulevard, 7th
Environmental Protection Agency, Floor South, Chicago, IL 60604, Phone:

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Remington produced .30 and .45-caliber areas. Discontinuous areas of ash-like The PRPs conducted the RI in
carbine ammunition for the U.S. fill were present around the buildings. multiple phases from 2005 to 2009. The
Government, until 1944, after which Portions of the FPA are used by PRPs collected surface (zero to two feet
Remington discontinued operations at commercial or industrial businesses. below ground surface) and subsurface
the facility. The HTP is a 56-acre parcel of (greater than two feet below ground
The Peters Cartridge Site was unimproved wooded land south and surface) soil samples from 112 soil
subsequently divided into multiple land southwest of the FPA. The HTP was boring locations in the FPA, 199 soil
parcels that have been owned and primarily used to store the finished borings in the HTP, and 69 soil borings
occupied by various non-ammunition munitions manufactured at the Site. The in the LA. The PRPs also collected
making entities since 1944. None of HTP consists of steeply-sloping bedrock samples of surface swale-soil from 29
these companies are responsible for the ridges and rolling topography with locations in the HTP area, sediment
contamination that is being addressed at dense vegetation. The HTP contains samples from seven on-Site locations
the Site. bunkers, concrete supports, near the discharge points of the on-Site
OEPA noted the release of possible foundations, conveyance structures, and drainage features near the Little Miami
hazardous substances at the Site in other facilities historically used by the River, 22 surface water sampling
1992. OEPA conducted a preliminary Peters Cartridge Company. locations, and groundwater samples
assessment in 1993 and brought the Site The HTP contains a former salvage from eleven groundwater monitoring
to the attention of EPA. OEPA area in the northwestern portion of the wells. The PRPs did not collect swale-
conducted several screening property that is unpaved and is soil samples from the FPA or LA
investigations and evaluations at the surrounded by a steel fence and mature because swale-soil was not present in
Site between 1994 and 1999. During woody and herbaceous vegetation. The these areas.
these investigations, OEPA collected former salvage area features buildings The results of the PRPs’ human health
soil, sediment, and groundwater risk assessment indicate that surface soil
original to the former salvage yard and
samples. OEPA analyzed the samples in the FPA posed an unacceptable risk
also contains discontinuous areas of
for volatile organic compounds, to current commercial/industrial
ash-like fill. Hamilton Township plans
semivolatile organic compounds workers, utility workers and trespassers,
to retain the HTP as open space.
(SVOCs), pesticides, and metals. and to future construction workers and
OEPA’s investigations concluded that The LA is located at the northern edge
residents. The risks were due to the
the Site was impacted by copper, lead, of the Site within the Little Miami River
concentrations of arsenic,
and mercury. These metals are floodplain. The LA is differentiated
benzo(a)pyrene, naphthalene and lead
associated with the former munitions from the rest of the Site by steel fencing,
detected in the surface soil. The surface
manufacturing operations. The impacts thick vegetation, and steep topography
soil in the HTP posed an unacceptable
appeared to be generally confined to along the southern border of the Little
risk to current trespassers and utility
surface soils in the former Miami River Scenic Trail. The trail was workers, and to future construction
manufacturing and storage areas in the a historical railroad right-of-way that workers, residents and recreational
FPA. OEPA detected some SVOCs and was redeveloped as a bike and walking users in the HTP. These risks were due
pesticides in sediment samples from the path. to arsenic, benz(a)pyrene, lead and
Little Miami River, but these North of the trail, the LA includes antimony detected in the HTP. The
compounds were not found in soil or some historical manufacturing areas concentrations of lead in the LA surface
sediment samples from the Site and are characterized by the presence of ash-like soil posed an unacceptable risk to
not Site-related. fill, concrete foundations, masonry current utility workers, and to
EPA proposed the Peters Cartridge structures, and concrete culverts/ recreational users in off-trail areas.
Site to the NPL on April 30, 2003 (68 outfalls that drain surface water from The risk assessment determined that
FR 23094). EPA finalized the Peters the upland portions of the Site. Future shallow, on-Site groundwater would
Cartridge Site on the NPL on September land use in the LA is expected to remain pose an unacceptable cancer risk to
18, 2012 after negotiations with recreational/open space. potential future residents if the
potentially responsible parties (PRPs) to This partial deletion pertains to all groundwater was used as a residential
implement the cleanup remedy in EPA’s media within the FPA portion of the water supply. This risk is due to arsenic
2009 Record of Decision (ROD) for the Peters Cartridge Site (see Current Site detected in the groundwater, but at
Site failed (77 FR 57495). The effective Layout in Docket Document ID EPA– concentrations below the Maximum
date of the final rule was October 18, HQ–SFUND–2003–0010–1954 in the Contaminant Level (MCL) for arsenic
2012. Docket). The remaining areas of the Site, established under the Safe Drinking
The Peters Cartridge Site is a single including the HTP and LA, will remain Water Act.
operable unit consisting of three areas: on the NPL and are not being The current potential for human
The FPA, which is the portion of the considered for deletion as part of this exposure to on-Site groundwater is
Site EPA is deleting from the NPL, and action. limited, since the Site is used for
the Hamilton Township Property (HTP) commercial and industrial purposes and
Remedial Investigation (RI) and
and Lowland Area (LA) which are not on-Site groundwater is not used for
Feasibility Study (FS)
being deleted and will remain on the potable or any other uses, including
NPL. The PRPs conducted a remedial irrigation. Potable water at the Site is
The FPA is the production portion of investigation (RI) and feasibility study currently supplied by the Warren
the Site where most of the Peters (FS) at the Site under a 2004 County Water District. The groundwater
Cartridge manufacturing processes took Administrative Order on Consent with is also at a depth where direct contact
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place. The FPA is comprised of three EPA. The RI investigated the during intrusive activities is unlikely to
parcels of developed land that total contamination at the Site and the FS occur.
14.29 acres and contain six buildings. evaluated potential cleanup alternatives The PRPs’ ecological risk assessment
Most of the FPA is relatively flat and to address the unacceptable Site risks indicated that surface soil in the
covered by buildings, concrete or identified in the human health and terrestrial habits at the Site posed an
asphalt paving, and small landscaped ecological risk assessments. unacceptable risk to ecological

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receptors. The risks were due to the EPA’s RAO for shoreline sediments is (5) Monitor groundwater to ensure
concentrations of antimony, arsenic, to prevent the exposure of aquatic that there is no migration of
cadmium, copper, lead, mercury, nickel, receptors to contaminants of ecological contaminants from the consolidation
selenium, thallium and zinc detected at concern in the Little Miami River by cell.
the Site. The ecological risk assessment limiting the migration of Site-related (6) ICs in the form of deed restrictions
also identified potential ecological risks contaminants in depositional material will be required to accomplish the
at the Site based on exposure to in the channelized outfalls and deltas following: Restrict land use to
erosional material and surface water in bordering the river. This will be done by nonresidential purposes; limit future
the concrete-lined culverts at the Site, removing on-Site sources that contribute Site activities to prevent intrusive
and to sediment and surface water in to elevated concentrations in the surface activities that could compromise the
culvert outfalls along the shoreline of water discharged from the site. consolidation cell; and restrict on-Site
the Little Miami River. EPA’s RAO for groundwater is to groundwater from being used as a
OEPA conducted additional studies of prevent future residents from ingesting residential water supply.
the Little Miami River in 1999 and 2007. groundwater having an arsenic (7) A review will be conducted within
These studies indicated that Site-related concentration that exceeds its MCL. five years after the initiation of the RA
contaminants were not impacting This will be done as a limited RA using and every five years thereafter to ensure
ecological receptors in the River. On- ICs to restrict groundwater use at the that the selected remedy is still
Site drainage features, however, had the Site. protective of human health and the
potential to transport Site-related EPA selected a cleanup remedy for environment, and will include a
contaminants to surface water and river the Site in a Record of Decision (ROD) determination of whether land use
sediment. on September 28, 2009. The major changes have occurred or are likely to
The PRPs completed an FS in 2009. components of the selected remedy occur.
The FS developed and evaluated four detailed in the ROD are: EPA issued a Unilateral
cleanup alternatives to address the (1) Excavate surface soil in the FPA to Administrative Order to the lead PRP
unacceptable risks at the Site. The FS a depth of at least two feet below ground for the Site, E.I. du Pont de Nemours
evaluated soil remediation technologies surface (bgs) in areas that exceed the and Company (DuPont), to conduct the
to clean up the surface soil/swale EPA commercial standard for lead of RD and RA work required by the ROD
contaminants in the FPA, HTP and LA, 800 milligrams per kilogram (mg/kg), on March 30, 2012, after negotiations
and in the upper six inches of shoreline and excavate surface soil in the HTP with DuPont and the other PRPs failed.
sediment at culvert outfalls. and LA to a depth of at least two feet DuPont conducted a Pre-Design
The FS determined that focusing the bgs in areas that exceed the EPA Investigation (PDI) in 2012–2013.
cleanup on the lead-impacted soil at the residential standard for lead of 400 During the PDI, DuPont further
Site would result in the remediation of mg/kg. The actual areas to be excavated delineated the extent of soil with lead
the other contaminants detected at the and depths will be determined and concentrations above cleanup standards
Site since the primary Site risk was due evaluated during the Remedial Design that would require excavation.
to exposure to lead-impacted soil. The (RD). The excavated areas will be DuPont’s PDI found that
FS also assumed that institutional backfilled with clean fill material to the approximately 10,300 cubic yards of soil
controls (ICs) would be used to prevent existing grade. within the excavation areas outlined in
residential land use and groundwater (2) Clean out and remove debris and the ROD was characteristically
use at the Site. erosional material at drainage culvert hazardous for lead based on the results
and outfall areas. Excavate three of toxicity characteristic leaching
Selected Remedy identified shoreline sediment areas to a procedure (TCLP) testing. The PDI also
EPA developed remedial action depth of approximately six inches and found that some of the characteristically
objectives (RAOs) to address the backfill the shoreline sediment areas hazardous lead-contaminated soil was
unacceptable risks to human health and with clean fill material. located in some areas of the Site at
the environment identified for exposure (3) Consolidate impacted soil, depths greater than two feet bgs.
to on-Site soil/swale contaminants, the sediment, and erosional material in an EPA issued an Explanation of
shoreline sediments in the Little Miami on-Site consolidation cell. The cell will Significant Differences (ESD) modifying
River, and groundwater. be constructed with an impermeable the ROD based on the PDI in June 2015.
EPA’s RAOs for on-Site soil are to: composite liner and cap system The modified remedy required the
Prevent human exposure to surface/ developed to be consistent with State excavation of all characteristically
swale soil having chemical regulations. A flexible membrane liner hazardous soils at the Site, regardless of
concentrations resulting in a cumulative with a geotextile cushion will be depth. All soils with concentrations of
excess lifetime cancer risk greater than installed as the main component of the lead considered to be characteristic
1 × 10¥4 or a non-cancer hazard index cell liner system. hazardous waste were required to be
greater than 1; prevent human exposure (4) Cap the consolidation cell with a stabilized to render them nonhazardous
to surface and subsurface soil with lead composite cap system consisting of a before being placed in the on-Site
concentrations greater than EPA’s six-inch-thick vegetative support layer, consolidation cell. Based on the PDI, the
residential standard (i.e., 400 mg/kg) or, a two-foot-thick layer of compacted low- deepest excavation was estimated to be
if an IC restricts residential permeability clay, a geocomposite four feet bgs.
development, prevent human exposure drainage layer, a flexible geomembrane, The ESD also made it clear that an
to surface/swale soil with lead and a low-permeability clay layer Institutional Control Implementation
concentrations greater than EPA’s beneath the geomembrane. The final cap and Assurance Plan (ICIAP) was
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commercial standard (i.e., 800 mg/kg); design will be developed to be required as part of the selected remedy.
and prevent ecological receptor compliant with State regulations during The ESD also explained EPA and
exposures to on-Site surface soil/swale the RD phase of the project. During the OEPA’s determination that a 2.0 percent
soil with copper, lead, and mercury RD phase it will be determined whether final slope for the composite cap system
concentrations creating unacceptable an access restriction will be required over the on-Site consolidation cell was
levels of risk. based on future use of the area. acceptable and provided a waiver of the

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* * * * * of Environmental Quality, Salt Lake entry for ‘‘UT, Davenport and Flagstaff
[FR Doc. 2018–16123 Filed 7–26–18; 8:45 am] City, UT 84047; Phone: (801–944–7641); Smelters, Sandy City, P’’.
BILLING CODE 6560–50–P Hours: M–Th: 9 a.m.–9 p.m.; Fri–Sat: [FR Doc. 2018–16118 Filed 7–26–18; 8:45 am]
9:00 a.m.–5:30 p.m. BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION FOR FURTHER INFORMATION CONTACT: Erna
AGENCY Waterman, Remedial Project Manager,
U.S. Environmental Protection Agency, DEPARTMENT OF COMMERCE
40 CFR Part 300 Region 8, EPR–SR, Denver, CO 80202,
(303) 312–6762, email: waterman.erna@ National Oceanic and Atmospheric
[EPA–HQ–SFUND–2003–0010; FRL–9981– Administration
epa.gov.
21—Region 8]
SUPPLEMENTARY INFORMATION: The site to 50 CFR Part 635
National Oil and Hazardous be deleted from the NPL is: Davenport
Substances Pollution Contingency [Docket No. 150121066–5717–02]
and Flagstaff Smelters Superfund Site,
Plan; National Priorities List: Deletion Sandy City, Salt Lake County, Utah. A RIN 0648–XG327
of the Davenport and Flagstaff Notice of Intent to Delete for this Site
Smelters Superfund Site was published in the Federal Register Atlantic Highly Migratory Species;
AGENCY: Environmental Protection (83 FR 25635–25638) on June 4, 2018. Atlantic Bluefin Tuna Fisheries
Agency (EPA). The closing date for comments on the AGENCY: National Marine Fisheries
ACTION: Final rule. Notice of Intent to Delete was July 5, Service (NMFS), National Oceanic and
2018. No public comments were Atmospheric Administration (NOAA),
SUMMARY: The Environmental Protection received. Commerce.
Agency (EPA) Region 8 announces the
EPA maintains the NPL as the list of ACTION: Temporary rule; closure of
deletion of the Davenport and Flagstaff
sites that appear to present a significant Angling category northern area trophy
Smelters Superfund Site (Site) located
risk to public health, welfare, or the fishery.
in Sandy City, Salt Lake County, Utah,
from the National Priorities List (NPL). environment. Deletion from the NPL
does not preclude further remedial SUMMARY: NMFS closes the northern
The NPL, promulgated pursuant to area Angling category fishery for large
section 105 of the Comprehensive action. Whenever there is a significant
release from a site deleted from the NPL, medium and giant (‘‘trophy’’ (i.e.,
Environmental Response, measuring 73 inches curved fork length
Compensation, and Liability Act the deleted site may be restored to the
NPL without application of the hazard or greater)) Atlantic bluefin tuna (BFT).
(CERCLA) of 1980, as amended, is an This action is being taken to prevent
appendix of the National Oil and ranking system. Deletion of a site from
the NPL does not affect responsible further overharvest of the Angling
Hazardous Substances Pollution category northern area trophy BFT
Contingency Plan (NCP). The EPA and party liability in the unlikely event that
future conditions warrant further subquota.
the State of Utah, through the Utah
Department of Environmental Quality actions. DATES: Effective 11:30 p.m., local time,
(UDEQ), have determined that all July 26, 2018, through December 31,
List of Subjects in 40 CFR Part 300
appropriate response actions under 2018.
CERCLA, other than operation and Environmental protection, Air FOR FURTHER INFORMATION CONTACT:
maintenance, and five-year reviews, pollution control, Chemicals, Hazardous Sarah McLaughlin or Tom Warren, (978)
have been completed. However, this substances, Hazardous waste, 281–9260.
deletion does not preclude future Intergovernmental relations, Penalties, SUPPLEMENTARY INFORMATION:
actions under Superfund. Reporting and recordkeeping Regulations implemented under the
DATES: This action is effective July 27, requirements, Superfund, Water authority of the Atlantic Tunas
2018. pollution control, Water supply. Convention Act (ATCA; 16 U.S.C. 971 et
ADDRESSES: Dated: July 16, 2018. seq.) and the Magnuson-Stevens Fishery
Docket: EPA has established a docket Douglas H. Benevento, Conservation and Management Act
for this action under Docket Regional Administrator, Region 8. (Magnuson-Stevens Act; 16 U.S.C. 1801
Identification No. EPA–HQ–SFUND– et seq.) governing the harvest of BFT by
2003–0010. All documents in the docket For reasons set out in the preamble, persons and vessels subject to U.S.
are listed on the http:// 40 CFR part 300 is amended as follows: jurisdiction are found at 50 CFR part
www.regulations.gov website. Although 635. Section 635.27 subdivides the U.S.
PART 300—NATIONAL OIL AND BFT quota recommended by the
listed in the index, some information is
HAZARDOUS SUBSTANCES International Commission for the
not publicly available, i.e., Confidential
POLLUTION CONTINGENCY PLAN Conservation of Atlantic Tunas (ICCAT)
Business Information or other
information whose disclosure is among the various domestic fishing
restricted by statute. Certain other ■ 1. The authority citation for part 300 categories, per the allocations
material, such as copyrighted material, continues to read as follows: established in the 2006 Consolidated
is not placed on the internet and will be Authority: 33 U.S.C. 1321(d); 42 U.S.C. Atlantic Highly Migratory Species
publicly available only in hard copy 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, Fishery Management Plan (2006
form. Publicly available docket 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, Consolidated HMS FMP) (71 FR 58058,
amozie on DSK3GDR082PROD with RULES

materials are available either 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 October 2, 2006) and amendments.
FR 2923, 3 CFR, 1987 Comp., p. 193.
electronically through http:// NMFS is required, under
www.regulations.gov or in hard copy at Appendix B to Part 300—[Amended]C § 635.28(a)(1), to file a closure notice
the site information repositories. with the Office of the Federal Register
Locations, contacts, phone numbers ■ 2. Table 1 of appendix B to part 300 for publication when a BFT quota is
and viewing hours are: Utah Department is amended in the table by removing the reached or is projected to be reached.

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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.
Dates		This direct final partial deletion is effective September 25, 2018 unless EPA receives adverse comments by August 27, 2018. If adverse comments are received, EPA will publish a timely withdrawal of the direct final partial deletion in the Federal Register (FR) informing the public that the partial deletion will not take effect.
Contact		Randolph Cano, NPL Deletion Coordinator, U.S. Environmental Protection Agency, Region 5 (SR-6J), 77 West Jackson Boulevard, Chicago, IL 60604, Phone: (312) 886-6036, or via email at [email protected]
FR Citation		83 FR 35560
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