83_FR_36991 83 FR 36844 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Reasor Chemical Company Superfund Site

83 FR 36844 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Reasor Chemical Company Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 147 (July 31, 2018)

Page Range36844-36848
FR Document2018-16244

The Environmental Protection Agency (EPA) Region 4 is issuing a Notice of Intent to Delete the Reasor Chemical Company Superfund Site (site) located in Castle Hayne, New Hanover County, North Carolina, from the National Priorities List (NPL) and requests public comments on this proposed action. 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). The EPA and the State of North Carolina, through the North Carolina Department of Environmental Quality (NCDEQ), have determined that all appropriate response actions under CERCLA have been completed. However, this deletion does not preclude future actions under Superfund.

Federal Register, Volume 83 Issue 147 (Tuesday, July 31, 2018)
[Federal Register Volume 83, Number 147 (Tuesday, July 31, 2018)]
[Proposed Rules]
[Pages 36844-36848]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-16244]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2002-0001; FRL-9981-51--Region 4]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Reasor Chemical Company 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is issuing 
a Notice of Intent to Delete the Reasor Chemical Company Superfund Site 
(site) located in Castle Hayne, New Hanover County, North Carolina, 
from the National Priorities List (NPL) and requests public comments on 
this proposed action. 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). The EPA and 
the State of North Carolina, through the North Carolina Department of 
Environmental Quality (NCDEQ), have determined that all appropriate 
response actions under CERCLA have been completed. However, this 
deletion does not preclude future actions under Superfund.

DATES: Comments must be received by August 30, 2018.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2002-0001, by one of the following methods:
     http://www.regulations.gov. Follow the online instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit http://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: [email protected].
     Mail: Samantha Urquhart-Foster, Remedial Project Manager, 
Remediation and Site Evaluation Branch, Superfund Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street SW, 
Atlanta, Georgia 30303-8960.
     Hand delivery: U.S. Environmental Protection Agency, 
Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. 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-
2002-0001. 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 statute. Certain other

[[Page 36845]]

material, such as copyrighted material, will be publicly available only 
in the hard copy. Publicly available docket materials are available 
either electronically in http://www.regulations.gov or in hard copy at:
     U.S. EPA Record Center, attention: Ms. Tina Terrell, 
Atlanta Federal Center, 61 Forsyth Street SW, Atlanta, Georgia 30303-
8960. Phone: 404-562-8835. Hours: 8 a.m.-4 p.m., Monday through Friday 
by appointment only; and
     New Hanover County Library, 201 Chestnut Street, 
Wilmington, North Carolina 28401. Phone: 910-798-6391. Hours: 9 a.m.-5 
p.m., Monday through Saturday.

FOR FURTHER INFORMATION CONTACT: Samantha Urquhart-Foster, Remedial 
Project Manager, Remediation and Site Evaluation Branch, Superfund 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW, Atlanta, Georgia 30303-8960. Phone: 404-562-8760, email: 
[email protected].

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    EPA Region 4 announces its intent to delete the Reasor Chemical 
Company Superfund Site from the National Priorities List (NPL) and 
requests public comment on this proposed action. 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). As described in 40 CFR 
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible 
for Fund-financed remedial actions if future conditions warrant such 
actions.
    EPA will accept comments on the proposal to delete this site for 
thirty (30) days after publication of this document in the Federal 
Register.
    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 Reasor Chemical Company 
Superfund Site and demonstrates how it meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. the remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the State before developing this Notice of 
Intent to Delete;
    (2) EPA has provided the State 30 working days for review of this 
notice prior to publication of it today;
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate;
    (4) The State of North Carolina, through the NCDEQ, has concurred 
with deletion of the Site from the NPL.
    (5) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, a notice is being published in a major 
local newspaper, the Wilmington Star-News. The newspaper notice 
announces the 30-day public comment period concerning the Notice of 
Intent to Delete the site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    If comments are received within the 30-day public comment period on 
this document, EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. If necessary, EPA 
will prepare a Responsiveness Summary to address any significant public 
comments received. After the public comment period, if EPA determines 
it is still appropriate to delete the Site, the Regional Administrator 
will publish a final Notice of Deletion in the Federal Register. Public 
notices, public submissions and copies of the Responsiveness Summary, 
if prepared, will be made available to interested parties and in the 
site information repositories listed above.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

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

Site Background and History

    The Reasor Chemical Company Site (EPA ID: NCD986187094) is located 
at 5100 North College Road (Hwy. 132), in Castle Hayne, New Hanover 
County, North Carolina. Castle Hayne is approximately 13 miles north of 
Wilmington, NC. The site is an abandoned stump rendering facility, 
which operated from 1959 to 1972 under the name of Reasor Chemical 
Company. The site property consists of one parcel of 25.59 acres. A 
fire and possible explosion occurred on the property on April 7, 1972, 
which damaged and destroyed the remaining buildings and material on the 
site property. The property currently is unused, unoccupied, and 
covered with native brush and secondary growth forest.
    The former Reasor Chemical Company reportedly produced turpentine, 
pine resin, pitch, tall oil, pine oil, camphor, pine tar, and charcoal 
from pine tree stumps. It is believed that the facility used various 
solvents to extract raw product from chipped stumps, distilling the 
extract into separate product fractions. The solvents used in the 
extraction process were likely stored on-site in 55-gallon drums, the 
remains of which were in a surface drum disposal area near the center 
of the property. It is thought that four of the five onsite ponds were 
used in the manufacturing process. Those four ponds contained sediments 
with elevated concentrations of volatile organic compounds (VOCs), 
semi-

[[Page 36846]]

volatile organic compounds (SVOCs) including polycyclic aromatic 
hydrocarbons (PAHs), and inorganic compounds. An area thought to have 
been used to store scrap copper metal was also present, which had 
elevated concentrations of copper and lead.
    EPA proposed listing the site on the NPL on September 13, 2001 (66 
FR 47612), and finalized the listing on September 5, 2002 (67 FR 
56757). The property is currently undeveloped. The Site is currently 
zoned industrial.

Remedial Investigation and Feasibility Study (RI/FS)

    During 1996 through 2002, Roy F. Weston, Inc. (WESTON) performed 
the Remedial Investigation/Feasibility Study (RI/FS) for EPA. During 
2000 through 2002, EPA Region 4's Science and Ecosystem Support 
Division (SESD) completed the Ecological Risk Assessment (ERA). 
Investigations at the site revealed the presence of metals, VOCs, and 
SVOCs above risk-based screening values.
    The human health risk assessment identified risks for potential 
future on-site workers and residents. These risks were primarily 
associated with drinking shallow groundwater and ingestion of or dermal 
contact with soils. The ecological risk assessment indicated that risks 
were posed to ecological receptors from contact with or ingestion of 
surface water, soil, and sediment.

Selected Remedy

    EPA's Record of Decision (ROD) was signed on September 26, 2002, 
and the North Carolina Department of Environment and Natural Resources, 
(now known as the North Carolina Department of Environmental Quality 
(NCDEQ)), concurred with the selected remedy. EPA revised the remedy in 
a ROD Amendment dated June 1, 2007. The amended selected remedy 
included the following:
     Soil and sediment: Excavation and off-site disposal, 
backfill the excavated soil areas and vegetate with native plant 
species, and return the former ponds to wetland habitats.
     Surface water: On-site treatment and disposal.
     Groundwater: Backfill the drum disposal area with an 
alkaline substance to raise the pH of shallow groundwater, perform 
annual monitoring of groundwater to determine if contaminants of 
concern (COCs) continue to be elevated, and attach a ``Declaration of 
Perpetual Land Use Restrictions'' to the property title that prohibits 
the use of shallow groundwater for any purpose.
    The Remedial Action Objectives (RAOs) for the site were:
     Sediment: Prevent further migration of contaminants from 
sediment to groundwater and surface water above levels exceeding 
groundwater and surface water clean-up goals; eliminate exposure of 
ecological receptors to contaminated sediment; achieve ecological risk-
based sediment clean-up goals for: Methyl ethyl ketone, toluene, (3 
and/or 4)-methylphenol, total PAHs, and copper.
     Surface water: Prevent further migration of contaminants 
above clean-up goals from Ponds 1, 2, 3 and 4, to soil, groundwater and 
down-gradient surface water bodies; eliminate exposure to contaminated 
surface water above levels exceeding clean-up goals by aquatic 
receptors; achieve the North Carolina Surface Water Quality Standards 
(NCAC Title 15A, Chapter 2, Subchapter 2B.0100 and 2B.0200) in Ponds 1, 
2, 3 and 4 for: Copper, lead, iron and zinc.
     Soil: Prevent further migration of contaminants from soil 
to groundwater and surface water above levels exceeding groundwater and 
surface water clean-up goals; eliminate unacceptable risk to human 
health and the environment; achieve the human health and ecological 
risk based clean-up goals for: Benzo(a)pyrene, benzo(b &/or 
k)fluoranthene, dibenzo(a,h) anthracene, antimony, copper and lead.
     Groundwater: Prevent human consumption of contaminated 
groundwater until risk-based standards for aluminum, and Safe Drinking 
Water Act's Maximum Contaminant Levels (MCLs) for beryllium, chromium 
and nickel, are attained.

Response Actions

    The Remedial Design (RD) was completed by EPA between September 
2002 and January 2004. EPA and the Potentially Responsible Parties 
(PRPs) entered a Consent Decree in which the PRPs agreed to conduct the 
Remedial Action (RA). The PRPs began the RA on June 4, 2007 utilizing 
the remedial actions outlined in the 2007 ROD Amendment. Apex 
Companies, LLC (Apex) was retained by the PRPs and performed all the of 
the RA work described below. The RA for soil, sediment and surface 
water was completed in July 2007 and the Preliminary Close-Out Report 
was issued in September 2007. The Interim Remedial Action and Final 
Remediation Report, Revision 3, was issued in August 2008.
    Approximately 140,000 gallons of contaminated water was treated and 
discharged on site. Approximately 2,000 tons of contaminated soils and 
sediments were excavated and disposed of in off-site landfills. After 
excavation and confirmation sampling, the ponds were allowed to 
naturally refill with water and vegetate. The soil excavation areas 
were backfilled and allowed to naturally vegetate. Lime was applied in 
the area of monitoring wells MW-7S and MW-7D in order to increase the 
groundwater pH. Increasing the pH of groundwater is intended to lower 
concentrations of metals in the groundwater in this area. Institutional 
controls in the form of a Declaration of Perpetual Land Use Restriction 
were filed with the property deed in 2008.
    Annual sampling of groundwater monitoring wells MW-7S and MW-7D was 
performed when appropriate pH and turbidity levels permitted. 
Collection of samples for laboratory analysis was only required if the 
pH was between 7.2 and 8.5 using best efforts to reduce turbidity. 
Annual sampling events were attempted on February 11, 2008, January 28, 
2009, December 7, 2009, and November 2, 2010. However, samples were not 
collected during any of the annual sampling events due to pH conditions 
recorded below 7.2 units.
    Apex returned to the site on May 18, 2011, to complete a 
groundwater sampling event in accordance with the Amended ROD, which 
stated that regardless of the pH levels, samples were to be collected 
within five years after initiation of remedial action. The sampling 
event was conducted with the intent that EPA could determine if the 
clean-up goals had been achieved.
    Based on the groundwater quality results from the May 18, 2011, 
sampling event, remedial actions had been successful in achieving the 
cleanup goals for beryllium and nickel in groundwater. However, 
elevated concentrations of aluminum and chromium were still present 
above the cleanup goals. Based on past groundwater sampling results at 
the site, there is a direct correlation between low sample pH, high 
sample turbidity, and elevated metal concentrations. Apex returned to 
the site on November 12, 2012, to sample for metals in MW-7D and MW-7S, 
collecting both an unfiltered and filtered sample to address turbidity. 
Due to a malfunctioning pump at MW-7S, only MW-7D could be sampled on 
November 12, 2012. Elevated concentrations of aluminum and chromium 
were still present above the Amended ROD RAOs established for the site 
in the unfiltered sample; however, metal concentrations were below 
Amended ROD RAOs established for the site in the filtered sample.

[[Page 36847]]

    Apex conducted groundwater assessment activities at the site in 
December 2015 and January 2016 to fulfill the requirements of the 
Amended ROD. The activities included the advancement of two groundwater 
monitoring wells installed immediately adjacent to MW-7D and MW-7S, in 
addition to the collection and analysis of groundwater samples, both 
filtered and unfiltered.
    Replacement wells MW-7SR and MW-7DR were installed to address 
elevated turbidity levels. It was suspected that there could have been 
some damage to the existing well screens which resulted in the influx 
of sediment. Quarterly sampling was conducted at MW-7SR and MW-7DR. 
Results indicated that the COCs are not present at concentration at or 
above applicable Amended ROD clean up goals. Based on the cancer slope 
factor and oral reference dose for hexavalent chromium being more 
stringent, chromium was speciated during the January 2016 sampling 
event and was not detected above laboratory detection limits in either 
MW-7SR or MW-7DR.
    It was determined that hexavalent chromium is not a COC and 
concentrations of total chromium are also below the Amended ROD clean 
up goals. Apex completed the Final Remedial Action Report Addendum in 
November 2017.
    As prescribed in the 2007 Amended ROD, institutional controls (ICs) 
were implemented in September 2008 with the placement of a Declaration 
of Perpetual Land Use Restrictions (DPLUR) on the property deed. The 
DPLUR requires annual notification to NCDEQ and EPA confirming that the 
DPLUR is still recorded in the Office of the New Hanover County 
Register of Deeds and that activities and conditions at the site remain 
in compliance with the land use restrictions. The land use restrictions 
in the DPLUR state that groundwater from the surficial aquifer 
underlying the site may not be used for any purpose. Groundwater 
located beneath the confining layer shall not be used as a source of 
potable water. Any groundwater well or other device for access to 
groundwater for any purpose other than monitoring groundwater quality 
must include an isolation seal between the surficial aquifer and the 
Peedee Formation aquifer located below. The installation of groundwater 
wells or other devices for access to groundwater for any purpose other 
than monitoring groundwater quality requires prior approval by NCDEQ, 
or its successor in function. The owner(s) of the property must provide 
written notification to EPA prior to seeking approval from NCDEQ for 
the installation of groundwater wells.

Cleanup Levels

    Cleanup goals were established to achieve a 10 -5 (one 
in 100,000) excess carcinogenic risk level for potential future 
resident children (most conservative risk category evaluated) and/or a 
hazard quotient (HQ) of 1 for potential resident children or ecological 
receptors.
    Surface Water: Although the treatment system did not reduce 
contaminant concentrations in surface water to below cleanup goals 
during its operation in 2007, the RAOs were achieved for the following 
reasons:
     Migration of and aquatic receptor exposure to contaminated 
surface water was halted by
    [cir] treating all surface water in ponds and land applying treated 
water;
    [cir] excavating contaminated soils to residential cleanup 
standards;
    [cir] excavating contaminated sediments to ecological cleanup goals 
and placing 18 to 60 inches of non-contaminated soil over the base of 
the excavated ponds; and
    [cir] allowing the ponds to refill naturally.
    Soil: Cleanup goals specified in the 2007 ROD Amendment for soil 
were attained.
    All confirmation sample results from the soil excavation areas were 
below the ROD-specified cleanup goals.
    Sediment: Ten samples were collected and analyzed to determine if 
cleanup goals were met in the four sediment excavation areas. Six 
confirmation samples were collected from the four excavated ponds in 
June 2007. One sample was a duplicate of another sample in Pond 3. The 
duplicate sample result was within the same order of magnitude as the 
sample from which it was split. Because the laboratory detection limits 
for (3 and/or 4)-methylphenol and methyl ethyl ketone (also known as 
butanone) were higher than the cleanup goals, the four ponds were 
resampled in August 2007 and analyzed for these two COCs.
    Cleanup goals for toluene and copper were attained in all four 
ponds. The cleanup goal for methyl ethyl ketone (also known as 2-
butanone) was attained in ponds 1-3, and possibly pond 4. The original 
confirmation sample collected in June 2007 from pond 4 had a 
concentration less than the laboratory reporting limit of 100 
micrograms per kilogram ([micro]g/kg), which is less than the cleanup 
goal established in the 2007 ROD Amendment. However, the sample 
collected in pond 4 in August 2007 did not have a detectable 
concentration of methyl ethyl ketone but the laboratory detection limit 
(268 [micro]g/kg) was greater than the cleanup goal of 137 [micro]g/kg. 
Methyl ethyl ketone was not detected in any of the ponds. All ponds had 
at least one sample which had a laboratory detection limit that was 
lower than the cleanup goal.
    All samples collected from the excavated ponds had concentrations 
of (3 and/or 4)-methylphenol above cleanup goals or the laboratory 
detection limit was greater than the cleanup goal. The low-level 
presence of (3 and/or 4)-methylphenol in the soil does not present a 
significant risk to human health or the environment, and further 
sampling and assessment is not needed for the following reasons:
     Methylphenol is a naturally occurring substance. Cresols 
(methylphenols) are found in many foods and in wood in this region of 
North Carolina. The contaminant presence at low-levels may be naturally 
occurring and not site-related.
     The impacted soil was removed from the lagoons and capped 
with 18 to 60 inches of clean fill. Therefore, the surface water within 
the lagoons is not in direct contact with impacted soil.
     The ROD clean-up goal of 50 [micro]g/kg for (3 and/or 4)-
methlyphenol was established based on ecological risk, not human health 
risk. Any residual contamination is at depths greater than 18 inches, 
and therefore there is no exposure route for ecological receptors. 
There is no obvious or adverse impact to the ecology within the lagoons 
as observed through the thriving aquatic flora and fauna present within 
lagoons over the last 11 years, since the time the lagoons were 
remediated in 2007.
     The concentrations present in the soil are below the EPA 
Regional Screening Levels (RSLs) for residential soils for methylphenol 
of 3,200 milligrams per kilogram (mg/kg), which is protective of human 
health.
    The RAOs were achieved for the following reasons:
     All confirmatory samples obtained from ponds 1-4 were 
collected from each basin's clay liner.
     Each basin was subsequently capped with 18 inches to 60 
inches of clean soil backfill.
     The RAs performed removed the contaminated ecological 
exposure medium, sediment, and subsequently capped the underlying clay 
liner with clean soil, thereby eliminating the ecological exposure 
pathway for sediments in the ponds and exposure to remaining residual 
levels in the clay layer, and thus any associated risk.
    Soil or sediment samples have not been collected since the RA. For 
the soil

[[Page 36848]]

excavation areas, restoration included backfilling with soil, grading 
the areas to provide drainage away from the areas, revegetation with 
native rye grass and spreading of wood chips over the area for erosion 
control. Pond restoration consisted of backfilling a portion of the 
ponds, covering the banks of the excavation and surrounding disturbed 
areas with straw matting for erosion control, and seeding with native 
rye grass. During the final site inspection conducted in April 2017, it 
was observed that the excavation areas are now restored with native 
brush and secondary growth forest.
    Groundwater: No COCs were detected at concentrations above the 
Amended ROD clean up goals in either sample MW-7DR or MW-7SR during 
2016 quarterly groundwater sampling. The detected concentrations of 
these compounds are generally significantly less than the 
concentrations previously identified in groundwater samples collected 
at the Site in May 2011 and November 2012. Aluminum, beryllium, 
chromium, and nickel were either detected at estimated concentrations 
that are below the applicable criteria, or were not detected above 
laboratory detections limits in both the filtered and unfiltered 
samples.
    Due to the low turbidity of the samples, the concentrations 
reported for both filtered and unfiltered samples were very similar. In 
addition to the reductions in the observed concentrations of the COCs, 
the pH values were also higher than historic values. The pH was 
measured at 3.81 in MW-7SR versus historic values ranging from 2.31 to 
3.55 in MW-7S. The pH of the sample collected at MW-7DR was 6.47 versus 
historic values measured as low as 3.21.
    In addition, pH values measured in the newly installed wells are 
similar to other sites in the Castle Hayne area. Based on the findings 
of the January 2016 sampling event, Apex conducted three additional 
quarterly sampling events in April, July, and October 2016 to obtain 
sufficient data for site closure. During these quarterly sampling 
events, since the January 2016 sampling results demonstrated that 
hexavalent chromium was not a COC, the samples were only analyzed for 
total chromium.
    The monitoring data demonstrates that remedial action objectives 
and cleanup levels specified in the 2007 ROD Amendment are achieved. 
There are no additional monitoring or Operations and Maintenance of the 
remedy required.

Five-Year Reviews

    The purpose of a five-year review (FYR) is to evaluate the 
implementation and performance of a remedy to determine if the remedy 
is and will continue to be protective of human health and the 
environment. In addition, FYR reports identify issues found during the 
review, if any, and document recommendations to address them. EPA 
completed two policy FYRs for the site in September 2012 and September 
2017. The 2017 FYR determined that the remedy was protective of human 
health and the environment, and there were no issues or 
recommendations. The 2017 FYR concluded that no further FYRs are 
planned for the site because all impacted media have reached Unlimited 
Use/Unrestricted Exposure (UU/UE) categorization.

Community Involvement

    EPA has communicated with the public through Fact Sheets, meetings, 
internet postings, newspaper ads, and answering email and phone 
inquiries. Current Site information can be found at https://cumulis.epa.gov/supercpad/cursites/csitinfo.cfm?id=0405590.
    Public participation activities have been satisfied as required in 
CERCLA Section 113(k), 42 U.S.C. 9613(k) and CERCLA Section 117, 42 
U.S.C. 9617. Documents in the deletion docket, which the EPA relied on 
for recommendation of the deletion from the NPL, are available to the 
public in the information repositories identified above.

Determination That the Site Meets the Criteria for Deletion in the NCP

    Region 4 has followed the procedures required by 40 CFR 300.425(e) 
as mentioned above and the implemented remedy achieves the degree of 
cleanup specified in the ROD for all pathways of exposure. The 
information presented in the Final Close-Out Report verifies that the 
site has achieved the ROD Amendment's RAOs, and that all cleanup 
actions specified in the ROD Amendment were implemented. All selected 
remedial action objectives and associated cleanup levels are consistent 
with agency policy and guidance. This site meets all the site 
completion requirements as specified in Office of Solid Waste and 
Emergency Response (OSWER) Directive 9320.22, Close-Out Procedures for 
National Priorities List Sites. No further Superfund response is needed 
to protect human health and the environment.

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.

    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.

    Dated: July 17, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-16244 Filed 7-30-18; 8:45 am]
 BILLING CODE 6560-50-P



                                                 36844                    Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules

                                                 completed and available in the local                       Authority: 33 U.S.C. 1321(d); 42 U.S.C.             restricted by statute. Multimedia
                                                 repository or from the State or EPA.                     9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,            submissions (audio, video, etc.) must be
                                                                                                          2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
                                                   • Monthly site status summaries that                                                                         accompanied by a written comment.
                                                                                                          3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
                                                 were made available to the public or                                                                           The written comment is considered the
                                                                                                          FR 2923, 3 CFR, 1987 Comp., p. 193.
                                                 more recently, updates to site activities                                                                      official comment and should include
                                                 made on the site web page available on                     Dated: July 19, 2018.                               discussion of all points you wish to
                                                 the internet.                                            Arturo Blanco,                                        make. The EPA will generally not
                                                   • September 23, 2010, newspaper                        Acting Regional Administrator, Region 6.              consider comments or comment
                                                 article in the Albuquerque Journal                       [FR Doc. 2018–16257 Filed 7–30–18; 8:45 am]           contents located outside of the primary
                                                 concerning the closure of the General                    BILLING CODE 6560–50–P                                submission (i.e. on the web, cloud, or
                                                 Electric plant.                                                                                                other file sharing system). For
                                                   • Discussion of the site at public                                                                           additional submission methods, the full
                                                 meetings associated with the Sunport                     ENVIRONMENTAL PROTECTION                              EPA public comment policy,
                                                 Boulevard Extension from                                 AGENCY                                                information about CBI or multimedia
                                                 approximately 2010 to the present.                                                                             submissions, and general guidance on
                                                                                                          40 CFR Part 300                                       making effective comments, please visit
                                                   • Fact sheets and public notices have
                                                 been provided in both English and                        [EPA–HQ–SFUND–2002–0001; FRL–9981–                    http://www2.epa.gov/dockets/
                                                 Spanish.                                                 51—Region 4]                                          commenting-epa-dockets.
                                                                                                                                                                   • Email: URQUHART-
                                                 Determination That the Criteria for                      National Oil and Hazardous                            FOSTER.SAMANTHA@EPA.GOV.
                                                 Deletion Have Been Met                                   Substances Pollution Contingency                         • Mail: Samantha Urquhart-Foster,
                                                                                                          Plan; National Priorities List: Deletion              Remedial Project Manager, Remediation
                                                    The implemented remedies have                                                                               and Site Evaluation Branch, Superfund
                                                 achieved the degree of cleanup or                        of the Reasor Chemical Company
                                                                                                          Superfund Site                                        Division, U.S. Environmental Protection
                                                 protection specified in the OU1, OU2,                                                                          Agency, Region 4, 61 Forsyth Street SW,
                                                 and OU5 RODs for the portions of the                     AGENCY:  Environmental Protection                     Atlanta, Georgia 30303–8960.
                                                 Site proposed for deletion. The selected                 Agency (EPA).                                            • Hand delivery: U.S. Environmental
                                                 remedial action goals and associated                     ACTION: Proposed rule; notice of intent.              Protection Agency, Region 4, 61 Forsyth
                                                 cleanup levels for the OU1, OU2, and                                                                           Street SW, Atlanta, Georgia 30303–8960.
                                                 OU5 portions of the Site proposed for                    SUMMARY:    The Environmental Protection
                                                                                                                                                                Such deliveries are only accepted
                                                 deletion are consistent with EPA policy                  Agency (EPA) Region 4 is issuing a                    during the Docket’s normal hours of
                                                 and guidance. No further Superfund                       Notice of Intent to Delete the Reasor                 operation, and special arrangements
                                                 response for the OU1, OU2, and OU5                       Chemical Company Superfund Site                       should be made for deliveries of boxed
                                                 portions of the Site proposed for                        (site) located in Castle Hayne, New                   information.
                                                 deletion are needed to protect human                     Hanover County, North Carolina, from                     Instructions: Direct your comments to
                                                 health and the environment. The State                    the National Priorities List (NPL) and                Docket ID no. EPA–HQ–SFUND–2002–
                                                 of New Mexico, in an August 11, 2017,                    requests public comments on this                      0001. The http://www.regulations.gov
                                                 letter from the New Mexico                               proposed action. The NPL, promulgated                 website is an ‘‘anonymous access’’
                                                 Environment Department, concurred                        pursuant to section 105 of the                        system, which means EPA will not
                                                 with the proposed partial deletion of the                Comprehensive Environmental                           know your identity or contact
                                                 OU1, OU2, and OU5 portions of the Site                   Response, Compensation, and Liability                 information unless you provide it in the
                                                 from the NPL.                                            Act (CERCLA) of 1980, as amended, is                  body of your comment. If you send an
                                                    The NCP specifies that EPA may                        an appendix of the National Oil and                   email comment directly to EPA without
                                                 delete a site from the NPL if all                        Hazardous Substances Pollution                        going through http://
                                                 appropriate response under CERCLA                        Contingency Plan (NCP). The EPA and                   www.regulations.gov, your email
                                                 has been implemented and no further                      the State of North Carolina, through the              address will be automatically captured
                                                 response action is appropriate. 40 CFR                   North Carolina Department of                          and included as part of the comment
                                                 300.425(e)(1)(ii). EPA, with the                         Environmental Quality (NCDEQ), have                   that is placed in the public docket and
                                                 concurrence of the State of New Mexico,                  determined that all appropriate                       made available on the internet. If you
                                                 through NMED, believes that this                         response actions under CERCLA have                    submit an electronic comment, EPA
                                                 criterion for the deletion of the OU1,                   been completed. However, this deletion                recommends that you include your
                                                 OU2, and OU5 portions of the Site has                    does not preclude future actions under                name and other contact information in
                                                 been met and the OU1, OU2, and OU5                       Superfund.                                            the body of your comment and with any
                                                 portions of the Site no longer pose a                    DATES: Comments must be received by                   disk or CD–ROM you submit. If EPA
                                                 threat to public health or the                           August 30, 2018.                                      cannot read your comment due to
                                                 environment. Consequently, EPA is                        ADDRESSES: Submit your comments,                      technical difficulties and cannot contact
                                                 proposing to delete the OU1, OU2, and                    identified by Docket ID no. EPA–HQ–                   you for clarification, EPA may not be
                                                 OU5 portions of the Site from the NPL.                   SFUND–2002–0001, by one of the                        able to consider your comment.
                                                 Documents supporting this action are                     following methods:                                    Electronic files should avoid the use of
                                                 available in the Docket.                                    • http://www.regulations.gov. Follow               special characters, any form of
                                                                                                          the online instructions for submitting                encryption, and be free of any defects or
                                                 List of Subjects in 40 CFR Part 300
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                                                                                                          comments. Once submitted, comments                    viruses.
                                                   Environmental protection, Air                          cannot be edited or removed from                         Docket: All documents in the docket
                                                 pollution control, Chemicals, Hazardous                  Regulations.gov. The EPA may publish                  are listed in the http://
                                                 waste, Hazardous substances,                             any comment received to its public                    www.regulations.gov index. Although
                                                 Intergovernmental relations, Penalties,                  docket. Do not submit electronically any              listed in the index, some information is
                                                 Reporting and recordkeeping                              information you consider to be                        not publicly available, e.g., CBI or other
                                                 requirements, Superfund, Water                           Confidential Business Information (CBI)               information whose disclosure is
                                                 pollution control, Water supply.                         or other information whose disclosure is              restricted by statute. Certain other


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                                                                          Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules                                            36845

                                                 material, such as copyrighted material,                  demonstrates how it meets the deletion                appropriate to delete the Site, the
                                                 will be publicly available only in the                   criteria.                                             Regional Administrator will publish a
                                                 hard copy. Publicly available docket                                                                           final Notice of Deletion in the Federal
                                                                                                          II. NPL Deletion Criteria
                                                 materials are available either                                                                                 Register. Public notices, public
                                                 electronically in http://                                   The NCP establishes the criteria that              submissions and copies of the
                                                 www.regulations.gov or in hard copy at:                  EPA uses to delete sites from the NPL.                Responsiveness Summary, if prepared,
                                                   • U.S. EPA Record Center, attention:                   In accordance with 40 CFR 300.425(e),                 will be made available to interested
                                                 Ms. Tina Terrell, Atlanta Federal Center,                sites may be deleted from the NPL                     parties and in the site information
                                                 61 Forsyth Street SW, Atlanta, Georgia                   where no further response is                          repositories listed above.
                                                 30303–8960. Phone: 404–562–8835.                         appropriate. In making such a                            Deletion of a site from the NPL does
                                                 Hours: 8 a.m.–4 p.m., Monday through                     determination pursuant to 40 CFR                      not itself create, alter, or revoke any
                                                 Friday by appointment only; and                          300.425(e), EPA will consider, in                     individual’s rights or obligations.
                                                   • New Hanover County Library, 201                      consultation with the State, whether any              Deletion of a site from the NPL does not
                                                 Chestnut Street, Wilmington, North                       of the following criteria have been met:              in any way alter EPA’s right to take
                                                 Carolina 28401. Phone: 910–798–6391.                        i. Responsible parties or other persons            enforcement actions, as appropriate.
                                                 Hours: 9 a.m.–5 p.m., Monday through                     have implemented all appropriate                      The NPL is designed primarily for
                                                 Saturday.                                                response actions required;                            informational purposes and to assist
                                                 FOR FURTHER INFORMATION CONTACT:                            ii. all appropriate Fund-financed                  EPA management. Section 300.425(e)(3)
                                                 Samantha Urquhart-Foster, Remedial                       response under CERCLA has been                        of the NCP states that the deletion of a
                                                 Project Manager, Remediation and Site                    implemented, and no further response                  site from the NPL does not preclude
                                                 Evaluation Branch, Superfund Division,                   action by responsible parties is                      eligibility for future response actions,
                                                 U.S. Environmental Protection Agency,                    appropriate; or                                       should future conditions warrant such
                                                 Region 4, 61 Forsyth Street SW, Atlanta,                    iii. the remedial investigation has                actions.
                                                 Georgia 30303–8960. Phone: 404–562–                      shown that the release poses no
                                                                                                                                                                IV. Basis for Site Deletion
                                                 8760, email: URQUHART-                                   significant threat to public health or the
                                                 FOSTER.SAMANTHA@EPA.GOV.                                 environment and, therefore, the taking                   The following information provides
                                                                                                          of remedial measures is not appropriate.              EPA’s rationale for deleting the Site
                                                 SUPPLEMENTARY INFORMATION:
                                                                                                                                                                from the NPL:
                                                 Table of Contents                                        III. Deletion Procedures
                                                                                                                                                                Site Background and History
                                                 I. Introduction                                             The following procedures apply to
                                                                                                          deletion of the Site:                                   The Reasor Chemical Company Site
                                                 II. NPL Deletion Criteria
                                                 III. Deletion Procedures                                    (1) EPA consulted with the State                   (EPA ID: NCD986187094) is located at
                                                 IV. Basis for Site Deletion                              before developing this Notice of Intent               5100 North College Road (Hwy. 132), in
                                                                                                          to Delete;                                            Castle Hayne, New Hanover County,
                                                 I. Introduction                                             (2) EPA has provided the State 30                  North Carolina. Castle Hayne is
                                                    EPA Region 4 announces its intent to                  working days for review of this notice                approximately 13 miles north of
                                                 delete the Reasor Chemical Company                       prior to publication of it today;                     Wilmington, NC. The site is an
                                                 Superfund Site from the National                            (3) In accordance with the criteria                abandoned stump rendering facility,
                                                 Priorities List (NPL) and requests public                discussed above, EPA has determined                   which operated from 1959 to 1972
                                                 comment on this proposed action. The                     that no further response is appropriate;              under the name of Reasor Chemical
                                                 NPL constitutes Appendix B of 40 CFR                        (4) The State of North Carolina,                   Company. The site property consists of
                                                 part 300 which is the National Oil and                   through the NCDEQ, has concurred with                 one parcel of 25.59 acres. A fire and
                                                 Hazardous Substances Pollution                           deletion of the Site from the NPL.                    possible explosion occurred on the
                                                 Contingency Plan (NCP), which EPA                           (5) Concurrently with the publication              property on April 7, 1972, which
                                                 promulgated pursuant to section 105 of                   of this Notice of Intent to Delete in the             damaged and destroyed the remaining
                                                 the Comprehensive Environmental                          Federal Register, a notice is being                   buildings and material on the site
                                                 Response, Compensation and Liability                     published in a major local newspaper,                 property. The property currently is
                                                 Act (CERCLA) of 1980, as amended.                        the Wilmington Star-News. The                         unused, unoccupied, and covered with
                                                 EPA maintains the NPL as the list of                     newspaper notice announces the 30-day                 native brush and secondary growth
                                                 sites that appear to present a significant               public comment period concerning the                  forest.
                                                 risk to public health, welfare, or the                   Notice of Intent to Delete the site from                The former Reasor Chemical
                                                 environment. Sites on the NPL may be                     the NPL.                                              Company reportedly produced
                                                 the subject of remedial actions financed                    (6) The EPA placed copies of                       turpentine, pine resin, pitch, tall oil,
                                                 by the Hazardous Substance Superfund                     documents supporting the proposed                     pine oil, camphor, pine tar, and
                                                 (Fund). As described in 40 CFR                           deletion in the deletion docket and                   charcoal from pine tree stumps. It is
                                                 300.425(e)(3) of the NCP, sites deleted                  made these items available for public                 believed that the facility used various
                                                 from the NPL remain eligible for Fund-                   inspection and copying at the Site                    solvents to extract raw product from
                                                 financed remedial actions if future                      information repositories identified                   chipped stumps, distilling the extract
                                                 conditions warrant such actions.                         above.                                                into separate product fractions. The
                                                    EPA will accept comments on the                          If comments are received within the                solvents used in the extraction process
                                                 proposal to delete this site for thirty (30)             30-day public comment period on this                  were likely stored on-site in 55-gallon
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                                                 days after publication of this document                  document, EPA will evaluate and                       drums, the remains of which were in a
                                                 in the Federal Register.                                 respond appropriately to the comments                 surface drum disposal area near the
                                                    Section II of this document explains                  before making a final decision to delete.             center of the property. It is thought that
                                                 the criteria for deleting sites from the                 If necessary, EPA will prepare a                      four of the five onsite ponds were used
                                                 NPL. Section III discusses procedures                    Responsiveness Summary to address                     in the manufacturing process. Those
                                                 that EPA is using for this action. Section               any significant public comments                       four ponds contained sediments with
                                                 IV discusses the Reasor Chemical                         received. After the public comment                    elevated concentrations of volatile
                                                 Company Superfund Site and                               period, if EPA determines it is still                 organic compounds (VOCs), semi-


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                                                 36846                    Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules

                                                 volatile organic compounds (SVOCs)                         The Remedial Action Objectives                      tons of contaminated soils and
                                                 including polycyclic aromatic                            (RAOs) for the site were:                             sediments were excavated and disposed
                                                 hydrocarbons (PAHs), and inorganic                         • Sediment: Prevent further migration               of in off-site landfills. After excavation
                                                 compounds. An area thought to have                       of contaminants from sediment to                      and confirmation sampling, the ponds
                                                 been used to store scrap copper metal                    groundwater and surface water above                   were allowed to naturally refill with
                                                 was also present, which had elevated                     levels exceeding groundwater and                      water and vegetate. The soil excavation
                                                 concentrations of copper and lead.                       surface water clean-up goals; eliminate               areas were backfilled and allowed to
                                                   EPA proposed listing the site on the                   exposure of ecological receptors to                   naturally vegetate. Lime was applied in
                                                 NPL on September 13, 2001 (66 FR                         contaminated sediment; achieve                        the area of monitoring wells MW–7S
                                                 47612), and finalized the listing on                     ecological risk-based sediment clean-up               and MW–7D in order to increase the
                                                 September 5, 2002 (67 FR 56757). The                     goals for: Methyl ethyl ketone, toluene,              groundwater pH. Increasing the pH of
                                                 property is currently undeveloped. The                   (3 and/or 4)-methylphenol, total PAHs,                groundwater is intended to lower
                                                 Site is currently zoned industrial.                      and copper.                                           concentrations of metals in the
                                                                                                            • Surface water: Prevent further                    groundwater in this area. Institutional
                                                 Remedial Investigation and Feasibility                   migration of contaminants above clean-                controls in the form of a Declaration of
                                                 Study (RI/FS)                                            up goals from Ponds 1, 2, 3 and 4, to                 Perpetual Land Use Restriction were
                                                    During 1996 through 2002, Roy F.                      soil, groundwater and down-gradient                   filed with the property deed in 2008.
                                                 Weston, Inc. (WESTON) performed the                      surface water bodies; eliminate                          Annual sampling of groundwater
                                                 Remedial Investigation/Feasibility                       exposure to contaminated surface water                monitoring wells MW–7S and MW–7D
                                                 Study (RI/FS) for EPA. During 2000                       above levels exceeding clean-up goals                 was performed when appropriate pH
                                                 through 2002, EPA Region 4’s Science                     by aquatic receptors; achieve the North               and turbidity levels permitted.
                                                 and Ecosystem Support Division (SESD)                    Carolina Surface Water Quality                        Collection of samples for laboratory
                                                 completed the Ecological Risk                            Standards (NCAC Title 15A, Chapter 2,                 analysis was only required if the pH was
                                                 Assessment (ERA). Investigations at the                  Subchapter 2B.0100 and 2B.0200) in                    between 7.2 and 8.5 using best efforts to
                                                 site revealed the presence of metals,                    Ponds 1, 2, 3 and 4 for: Copper, lead,                reduce turbidity. Annual sampling
                                                 VOCs, and SVOCs above risk-based                         iron and zinc.                                        events were attempted on February 11,
                                                                                                            • Soil: Prevent further migration of
                                                 screening values.                                                                                              2008, January 28, 2009, December 7,
                                                                                                          contaminants from soil to groundwater
                                                    The human health risk assessment                                                                            2009, and November 2, 2010. However,
                                                                                                          and surface water above levels
                                                 identified risks for potential future on-                                                                      samples were not collected during any
                                                                                                          exceeding groundwater and surface
                                                 site workers and residents. These risks                                                                        of the annual sampling events due to pH
                                                                                                          water clean-up goals; eliminate
                                                 were primarily associated with drinking                                                                        conditions recorded below 7.2 units.
                                                                                                          unacceptable risk to human health and
                                                 shallow groundwater and ingestion of or                                                                           Apex returned to the site on May 18,
                                                                                                          the environment; achieve the human
                                                 dermal contact with soils. The                                                                                 2011, to complete a groundwater
                                                                                                          health and ecological risk based clean-
                                                 ecological risk assessment indicated that                                                                      sampling event in accordance with the
                                                                                                          up goals for: Benzo(a)pyrene, benzo(b &/
                                                 risks were posed to ecological receptors                                                                       Amended ROD, which stated that
                                                                                                          or k)fluoranthene, dibenzo(a,h)
                                                 from contact with or ingestion of surface                                                                      regardless of the pH levels, samples
                                                                                                          anthracene, antimony, copper and lead.
                                                 water, soil, and sediment.                                  • Groundwater: Prevent human                       were to be collected within five years
                                                                                                          consumption of contaminated                           after initiation of remedial action. The
                                                 Selected Remedy
                                                                                                          groundwater until risk-based standards                sampling event was conducted with the
                                                    EPA’s Record of Decision (ROD) was                    for aluminum, and Safe Drinking Water                 intent that EPA could determine if the
                                                 signed on September 26, 2002, and the                    Act’s Maximum Contaminant Levels                      clean-up goals had been achieved.
                                                 North Carolina Department of                             (MCLs) for beryllium, chromium and                       Based on the groundwater quality
                                                 Environment and Natural Resources,                       nickel, are attained.                                 results from the May 18, 2011, sampling
                                                 (now known as the North Carolina                                                                               event, remedial actions had been
                                                 Department of Environmental Quality                      Response Actions                                      successful in achieving the cleanup
                                                 (NCDEQ)), concurred with the selected                       The Remedial Design (RD) was                       goals for beryllium and nickel in
                                                 remedy. EPA revised the remedy in a                      completed by EPA between September                    groundwater. However, elevated
                                                 ROD Amendment dated June 1, 2007.                        2002 and January 2004. EPA and the                    concentrations of aluminum and
                                                 The amended selected remedy included                     Potentially Responsible Parties (PRPs)                chromium were still present above the
                                                 the following:                                           entered a Consent Decree in which the                 cleanup goals. Based on past
                                                    • Soil and sediment: Excavation and                   PRPs agreed to conduct the Remedial                   groundwater sampling results at the site,
                                                 off-site disposal, backfill the excavated                Action (RA). The PRPs began the RA on                 there is a direct correlation between low
                                                 soil areas and vegetate with native plant                June 4, 2007 utilizing the remedial                   sample pH, high sample turbidity, and
                                                 species, and return the former ponds to                  actions outlined in the 2007 ROD                      elevated metal concentrations. Apex
                                                 wetland habitats.                                        Amendment. Apex Companies, LLC                        returned to the site on November 12,
                                                    • Surface water: On-site treatment                    (Apex) was retained by the PRPs and                   2012, to sample for metals in MW–7D
                                                 and disposal.                                            performed all the of the RA work                      and MW–7S, collecting both an
                                                    • Groundwater: Backfill the drum                      described below. The RA for soil,                     unfiltered and filtered sample to address
                                                 disposal area with an alkaline substance                 sediment and surface water was                        turbidity. Due to a malfunctioning
                                                 to raise the pH of shallow groundwater,                  completed in July 2007 and the                        pump at MW–7S, only MW–7D could be
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                                                 perform annual monitoring of                             Preliminary Close-Out Report was                      sampled on November 12, 2012.
                                                 groundwater to determine if                              issued in September 2007. The Interim                 Elevated concentrations of aluminum
                                                 contaminants of concern (COCs)                           Remedial Action and Final Remediation                 and chromium were still present above
                                                 continue to be elevated, and attach a                    Report, Revision 3, was issued in                     the Amended ROD RAOs established for
                                                 ‘‘Declaration of Perpetual Land Use                      August 2008.                                          the site in the unfiltered sample;
                                                 Restrictions’’ to the property title that                   Approximately 140,000 gallons of                   however, metal concentrations were
                                                 prohibits the use of shallow                             contaminated water was treated and                    below Amended ROD RAOs established
                                                 groundwater for any purpose.                             discharged on site. Approximately 2,000               for the site in the filtered sample.


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                                                                          Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules                                           36847

                                                    Apex conducted groundwater                            approval from NCDEQ for the                           methyl ethyl ketone but the laboratory
                                                 assessment activities at the site in                     installation of groundwater wells.                    detection limit (268 mg/kg) was greater
                                                 December 2015 and January 2016 to                                                                              than the cleanup goal of 137 mg/kg.
                                                                                                          Cleanup Levels
                                                 fulfill the requirements of the Amended                                                                        Methyl ethyl ketone was not detected in
                                                 ROD. The activities included the                            Cleanup goals were established to                  any of the ponds. All ponds had at least
                                                 advancement of two groundwater                           achieve a 10 ¥5 (one in 100,000) excess               one sample which had a laboratory
                                                 monitoring wells installed immediately                   carcinogenic risk level for potential                 detection limit that was lower than the
                                                 adjacent to MW–7D and MW–7S, in                          future resident children (most                        cleanup goal.
                                                 addition to the collection and analysis                  conservative risk category evaluated)                    All samples collected from the
                                                 of groundwater samples, both filtered                    and/or a hazard quotient (HQ) of 1 for                excavated ponds had concentrations of
                                                 and unfiltered.                                          potential resident children or ecological             (3 and/or 4)-methylphenol above
                                                    Replacement wells MW–7SR and                          receptors.                                            cleanup goals or the laboratory
                                                 MW–7DR were installed to address                            Surface Water: Although the                        detection limit was greater than the
                                                 elevated turbidity levels. It was                        treatment system did not reduce                       cleanup goal. The low-level presence of
                                                 suspected that there could have been                     contaminant concentrations in surface                 (3 and/or 4)-methylphenol in the soil
                                                 some damage to the existing well                         water to below cleanup goals during its               does not present a significant risk to
                                                 screens which resulted in the influx of                  operation in 2007, the RAOs were                      human health or the environment, and
                                                 sediment. Quarterly sampling was                         achieved for the following reasons:                   further sampling and assessment is not
                                                 conducted at MW–7SR and MW–7DR.                             • Migration of and aquatic receptor                needed for the following reasons:
                                                 Results indicated that the COCs are not                  exposure to contaminated surface water                   • Methylphenol is a naturally
                                                 present at concentration at or above                     was halted by                                         occurring substance. Cresols
                                                 applicable Amended ROD clean up                             Æ treating all surface water in ponds              (methylphenols) are found in many
                                                 goals. Based on the cancer slope factor                  and land applying treated water;                      foods and in wood in this region of
                                                 and oral reference dose for hexavalent                      Æ excavating contaminated soils to                 North Carolina. The contaminant
                                                 chromium being more stringent,                           residential cleanup standards;                        presence at low-levels may be naturally
                                                 chromium was speciated during the                           Æ excavating contaminated sediments                occurring and not site-related.
                                                 January 2016 sampling event and was                      to ecological cleanup goals and placing                  • The impacted soil was removed
                                                 not detected above laboratory detection                  18 to 60 inches of non-contaminated                   from the lagoons and capped with 18 to
                                                 limits in either MW–7SR or MW–7DR.                       soil over the base of the excavated                   60 inches of clean fill. Therefore, the
                                                    It was determined that hexavalent                     ponds; and                                            surface water within the lagoons is not
                                                 chromium is not a COC and                                   Æ allowing the ponds to refill                     in direct contact with impacted soil.
                                                 concentrations of total chromium are                     naturally.                                               • The ROD clean-up goal of 50 mg/kg
                                                 also below the Amended ROD clean up                         Soil: Cleanup goals specified in the               for (3 and/or 4)-methlyphenol was
                                                 goals. Apex completed the Final                          2007 ROD Amendment for soil were                      established based on ecological risk, not
                                                 Remedial Action Report Addendum in                       attained.                                             human health risk. Any residual
                                                 November 2017.                                              All confirmation sample results from               contamination is at depths greater than
                                                    As prescribed in the 2007 Amended                     the soil excavation areas were below the              18 inches, and therefore there is no
                                                 ROD, institutional controls (ICs) were                   ROD-specified cleanup goals.                          exposure route for ecological receptors.
                                                 implemented in September 2008 with                          Sediment: Ten samples were collected               There is no obvious or adverse impact
                                                 the placement of a Declaration of                        and analyzed to determine if cleanup                  to the ecology within the lagoons as
                                                 Perpetual Land Use Restrictions                          goals were met in the four sediment                   observed through the thriving aquatic
                                                 (DPLUR) on the property deed. The                        excavation areas. Six confirmation                    flora and fauna present within lagoons
                                                 DPLUR requires annual notification to                    samples were collected from the four                  over the last 11 years, since the time the
                                                 NCDEQ and EPA confirming that the                        excavated ponds in June 2007. One                     lagoons were remediated in 2007.
                                                 DPLUR is still recorded in the Office of                 sample was a duplicate of another                        • The concentrations present in the
                                                 the New Hanover County Register of                       sample in Pond 3. The duplicate sample                soil are below the EPA Regional
                                                 Deeds and that activities and conditions                 result was within the same order of                   Screening Levels (RSLs) for residential
                                                 at the site remain in compliance with                    magnitude as the sample from which it                 soils for methylphenol of 3,200
                                                 the land use restrictions. The land use                  was split. Because the laboratory                     milligrams per kilogram (mg/kg), which
                                                 restrictions in the DPLUR state that                     detection limits for (3 and/or 4)-                    is protective of human health.
                                                 groundwater from the surficial aquifer                   methylphenol and methyl ethyl ketone                     The RAOs were achieved for the
                                                 underlying the site may not be used for                  (also known as butanone) were higher                  following reasons:
                                                 any purpose. Groundwater located                         than the cleanup goals, the four ponds                   • All confirmatory samples obtained
                                                 beneath the confining layer shall not be                 were resampled in August 2007 and                     from ponds 1–4 were collected from
                                                 used as a source of potable water. Any                   analyzed for these two COCs.                          each basin’s clay liner.
                                                 groundwater well or other device for                        Cleanup goals for toluene and copper                  • Each basin was subsequently
                                                 access to groundwater for any purpose                    were attained in all four ponds. The                  capped with 18 inches to 60 inches of
                                                 other than monitoring groundwater                        cleanup goal for methyl ethyl ketone                  clean soil backfill.
                                                 quality must include an isolation seal                   (also known as 2-butanone) was attained                  • The RAs performed removed the
                                                 between the surficial aquifer and the                    in ponds 1–3, and possibly pond 4. The                contaminated ecological exposure
                                                 Peedee Formation aquifer located                         original confirmation sample collected                medium, sediment, and subsequently
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                 below. The installation of groundwater                   in June 2007 from pond 4 had a                        capped the underlying clay liner with
                                                 wells or other devices for access to                     concentration less than the laboratory                clean soil, thereby eliminating the
                                                 groundwater for any purpose other than                   reporting limit of 100 micrograms per                 ecological exposure pathway for
                                                 monitoring groundwater quality                           kilogram (mg/kg), which is less than the              sediments in the ponds and exposure to
                                                 requires prior approval by NCDEQ, or                     cleanup goal established in the 2007                  remaining residual levels in the clay
                                                 its successor in function. The owner(s)                  ROD Amendment. However, the sample                    layer, and thus any associated risk.
                                                 of the property must provide written                     collected in pond 4 in August 2007 did                   Soil or sediment samples have not
                                                 notification to EPA prior to seeking                     not have a detectable concentration of                been collected since the RA. For the soil


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                                                 36848                    Federal Register / Vol. 83, No. 147 / Tuesday, July 31, 2018 / Proposed Rules

                                                 excavation areas, restoration included                   Five-Year Reviews                                     List of Subjects in 40 CFR Part 300
                                                 backfilling with soil, grading the areas                                                                         Environmental protection, Air
                                                 to provide drainage away from the areas,                   The purpose of a five-year review
                                                                                                          (FYR) is to evaluate the implementation               pollution control, Chemicals, Hazardous
                                                 revegetation with native rye grass and                                                                         waste, Hazardous substances,
                                                 spreading of wood chips over the area                    and performance of a remedy to
                                                                                                                                                                Intergovernmental relations, Penalties,
                                                 for erosion control. Pond restoration                    determine if the remedy is and will
                                                                                                                                                                Reporting and recordkeeping
                                                 consisted of backfilling a portion of the                continue to be protective of human
                                                                                                                                                                requirements, Superfund, Water
                                                 ponds, covering the banks of the                         health and the environment. In
                                                                                                                                                                pollution control, Water supply.
                                                 excavation and surrounding disturbed                     addition, FYR reports identify issues
                                                                                                          found during the review, if any, and                    Authority: 33 U.S.C. 1321(d); 42 U.S.C.
                                                 areas with straw matting for erosion                                                                           9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
                                                 control, and seeding with native rye                     document recommendations to address
                                                                                                                                                                2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
                                                 grass. During the final site inspection                  them. EPA completed two policy FYRs                   3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
                                                 conducted in April 2017, it was                          for the site in September 2012 and                    FR 2923, 3 CFR, 1987 Comp., p. 193.
                                                 observed that the excavation areas are                   September 2017. The 2017 FYR
                                                                                                                                                                  Dated: July 17, 2018.
                                                                                                          determined that the remedy was
                                                 now restored with native brush and                                                                             Onis ‘‘Trey’’ Glenn, III,
                                                                                                          protective of human health and the
                                                 secondary growth forest.                                                                                       Regional Administrator, Region 4.
                                                                                                          environment, and there were no issues
                                                    Groundwater: No COCs were detected                    or recommendations. The 2017 FYR                      [FR Doc. 2018–16244 Filed 7–30–18; 8:45 am]
                                                 at concentrations above the Amended                      concluded that no further FYRs are                    BILLING CODE 6560–50–P
                                                 ROD clean up goals in either sample                      planned for the site because all
                                                 MW–7DR or MW–7SR during 2016                             impacted media have reached
                                                 quarterly groundwater sampling. The                      Unlimited Use/Unrestricted Exposure                   FEDERAL COMMUNICATIONS
                                                 detected concentrations of these                         (UU/UE) categorization.                               COMMISSION
                                                 compounds are generally significantly
                                                 less than the concentrations previously                  Community Involvement                                 47 CFR Chapter I
                                                 identified in groundwater samples                          EPA has communicated with the                       [CB Docket No. 18–31; DA 18–115]
                                                 collected at the Site in May 2011 and                    public through Fact Sheets, meetings,
                                                 November 2012. Aluminum, beryllium,                                                                            Possible Revision or Elimination of
                                                                                                          internet postings, newspaper ads, and
                                                 chromium, and nickel were either                                                                               Rules
                                                                                                          answering email and phone inquiries.
                                                 detected at estimated concentrations                     Current Site information can be found at              AGENCY:  Federal Communications
                                                 that are below the applicable criteria, or               https://cumulis.epa.gov/supercpad/                    Commission.
                                                 were not detected above laboratory                       cursites/csitinfo.cfm?id=0405590.                     ACTION: Review of regulations;
                                                 detections limits in both the filtered and                                                                     comments requested.
                                                 unfiltered samples.                                        Public participation activities have
                                                                                                          been satisfied as required in CERCLA                  SUMMARY:   This document invites
                                                    Due to the low turbidity of the                       Section 113(k), 42 U.S.C. 9613(k) and
                                                 samples, the concentrations reported for                                                                       members of the public to comment on
                                                                                                          CERCLA Section 117, 42 U.S.C. 9617.                   the Commission’s rules to be reviewed
                                                 both filtered and unfiltered samples                     Documents in the deletion docket,
                                                 were very similar. In addition to the                                                                          pursuant to section 610 of the
                                                                                                          which the EPA relied on for                           Regulatory Flexibility Act of 1980, as
                                                 reductions in the observed                               recommendation of the deletion from
                                                 concentrations of the COCs, the pH                                                                             amended (RFA). The purpose of the
                                                                                                          the NPL, are available to the public in               review is to determine whether
                                                 values were also higher than historic                    the information repositories identified
                                                 values. The pH was measured at 3.81 in                                                                         Commission rules whose ten-year
                                                                                                          above.                                                anniversary dates are in the years 2015–
                                                 MW–7SR versus historic values ranging
                                                 from 2.31 to 3.55 in MW–7S. The pH of                    Determination That the Site Meets the                 2016, as contained in the Appendix,
                                                 the sample collected at MW–7DR was                       Criteria for Deletion in the NCP                      should be continued without change,
                                                 6.47 versus historic values measured as                                                                        amended, or rescinded in order to
                                                 low as 3.21.                                                Region 4 has followed the procedures               minimize any significant impact the
                                                                                                          required by 40 CFR 300.425(e) as                      rules may have on a substantial number
                                                    In addition, pH values measured in                    mentioned above and the implemented                   of small entities. Upon receipt of
                                                 the newly installed wells are similar to                 remedy achieves the degree of cleanup                 comments from the public, the
                                                 other sites in the Castle Hayne area.                    specified in the ROD for all pathways of              Commission will evaluate those
                                                 Based on the findings of the January                     exposure. The information presented in                comments and consider whether action
                                                 2016 sampling event, Apex conducted                      the Final Close-Out Report verifies that              should be taken to rescind or amend the
                                                 three additional quarterly sampling                      the site has achieved the ROD                         relevant rule(s).
                                                 events in April, July, and October 2016                  Amendment’s RAOs, and that all                        DATES: Comments may be filed on or
                                                 to obtain sufficient data for site closure.              cleanup actions specified in the ROD                  before October 29, 2018.
                                                 During these quarterly sampling events,                  Amendment were implemented. All                       FOR FURTHER INFORMATION CONTACT:
                                                 since the January 2016 sampling results                  selected remedial action objectives and               Sharon K. Stewart, Women’s Outreach
                                                 demonstrated that hexavalent chromium                    associated cleanup levels are consistent              Specialist, Office of Communications
                                                 was not a COC, the samples were only                     with agency policy and guidance. This                 Business Opportunities (OCBO), Federal
                                                 analyzed for total chromium.
daltland on DSKBBV9HB2PROD with PROPOSALS




                                                                                                          site meets all the site completion                    Communications Commission, (202)
                                                    The monitoring data demonstrates                      requirements as specified in Office of                418–0990. People with disabilities may
                                                 that remedial action objectives and                      Solid Waste and Emergency Response                    contact the FCC to request reasonable
                                                 cleanup levels specified in the 2007                     (OSWER) Directive 9320.22, Close-Out                  accommodations (accessible format
                                                 ROD Amendment are achieved. There                        Procedures for National Priorities List               documents, sign language interpreters,
                                                 are no additional monitoring or                          Sites. No further Superfund response is               CART, etc.) by email: fcc504@fcc.gov or
                                                 Operations and Maintenance of the                        needed to protect human health and the                phone: 202–418–0530 or TTY: 202–418–
                                                 remedy required.                                         environment.                                          0432.


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Document Created: 2018-11-06 10:30:00
Document Modified: 2018-11-06 10:30:00
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule; notice of intent.
DatesComments must be received by August 30, 2018.
ContactSamantha Urquhart-Foster, Remedial Project Manager, Remediation and Site Evaluation Branch, Superfund Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-8960. Phone: 404-562-8760, email: [email protected]
FR Citation83 FR 36844 
CFR AssociatedEnvironmental 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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