Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 57649

Instruction, from further environmental 

documentation. Special local 

regulations issued in conjunction with a 

regatta or marine parade permit are 

specifically excluded from further 

analysis and documentation under that 

section. 

Under figure 2–1, paragraph (34)(h), 

of the Instruction, an ‘‘Environmental 

Analysis Check List’’ and a ‘‘Categorical 

Exclusion Determination’’ are not 

required for this rule.

List of Subjects in 33 CFR Part 100

Marine safety, Navigation (water), 

Reporting and recordkeeping 

requirements, Waterways.

■ For the reasons discussed in the 

preamble, the Coast Guard proposes to 

amend 33 CFR part 100 as follows:

PART 100—SAFETY OF LIFE ON 

NAVIGABLE WATERS

■ 1. The authority citation for part 100 

continues to read as follows:

Authority: 33 U.S.C. 1233; Department of 

Homeland Security Delegation No. 0170.1.

■ 2. Add temporary § 100.35–T05–160 to 

read as follows:

§ 100.35–T05–160 Sunset Lake, Wildwood 

Crest, NJ. 

(a) Definitions. (1) Coast Guard Patrol 

Commander means a commissioned, 

warrant, or petty officer of the Coast 

Guard who has been designated by the 

Commander, Coast Guard Group 

Atlantic City. 

(2) Official Patrol means any vessel 

assigned or approved by Commander, 

Coast Guard Group Atlantic City with a 

commissioned, warrant, or petty officer 

on board and displaying a Coast Guard 

ensign. 

(3) Participant includes all vessels 

participating in the Sunset Lake 

Hydrofest under the auspices of the 

Marine Event Permit issued to the event 

sponsor and approved by Commander, 

Coast Guard Group Atlantic City. 

(4) Regulated area includes all waters 

of Sunset Lake, New Jersey, from 

shoreline to shoreline, south of latitude 

38°58′32′′ N. All coordinates reference 

Datum: NAD 1983. 

(b) Special local regulations. (1) 

Except for event participants and 

persons or vessels authorized by the 

Coast Guard Patrol Commander, no 

person or vessel may enter or remain in 

the regulated area. 

(2) The operator of any vessel in the 

regulated area must: 

(i) Stop the vessel immediately when 

directed to do so by any Official Patrol. 

(ii) Proceed as directed by any Official 

Patrol. 

(iii) Unless otherwise directed by the 

Official Patrol, operate at a minimum 

wake speed not to exceed six (6) knots. 

(c) Enforcement period. This section 

will be enforced from 7 a.m. on October 

2, 2004, to 6 p.m. on October 3, 2004.

Dated: September 14, 2004. 

Ben R. Thomason, III, 

Captain, U.S. Coast Guard, Acting 

Commander, Fifth Coast Guard District.

[FR Doc. 04–21593 Filed 9–24–04; 8:45 am] 

BILLING CODE 4910–15–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7818–1] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List

AGENCY: Environmental Protection 

Agency.

ACTION: Direct final notice of partial 

deletion of the Centre County Kepone 

Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA), Region III, is publishing 

a direct final notice of deletion of a 

portion of the Centre County Kepone 

Superfund Site (the Site), located in 

State College, Pennsylvania, from the 

National Priorities List (NPL). The 

deletion affects approximately 8 acres, 

referred to as the ‘‘Administration 

Parcel’’. 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is 

Appendix B of 40 CFR part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). This direct final deletion is being 

published by EPA with the concurrence 

of the Commonwealth of Pennsylvania, 

through the Pennsylvania Department of 

Environmental Protection (PADEP), 

because no manufacturing operations 

ever occurred on the Administration 

Parcel and it is located upgradient from 

the contaminated portions of the Site. 

Therefore, remedial action pursuant to 

CERCLA is not appropriate.

DATES: This direct final deletion will be 

effective November 26, 2004, unless 

EPA receives adverse comments by 

October 27, 2004. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect.

ADDRESSES: Comments may be mailed 

to: David Polish, Community 

Involvement Coordinator, U.S. EPA 

Region III, Mailcode 3HS43, 1650 Arch 

Street, Philadelphia, Pennsylvania 

19103–2029, (215) 814–3327 or 1–800–

553–2509, polish.david@epa.gov. 

Information Repositories: Repositories 

have been established to provide 

detailed information concerning this 

decision at the following addresses: U.S. 

EPA Region III Library, U.S. EPA Region 

III, 1650 Arch Street, Philadelphia, 

Pennsylvania 19103–2029, (215) 814–

5000, Monday through Friday 8 a.m. to 

12 p.m.; Schlow Memorial Library, 118 

South Fraser Street, State College, PA 

16801, (814) 237–6236, Monday through 

Wednesday 9 a.m. to 9 p.m., Thursday 

12 p.m. to 9 p.m., Friday 9 a.m. to 6 

p.m., Saturday 9 a.m. to 5 p.m., Sunday 

(during school year) 1:30 p.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT:

Frank Klanchar, Project Manager, U.S. 

EPA Region III, Mailcode 3HS22, 1650 

Arch Street, Philadelphia, Pennsylvania 

19103–2029, (215) 814–3218 or 1–800–

438–2474, klanchar.frank@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Partial Site Deletion 

V. Deletion Action

I. Introduction 

The Environmental Protection Agency 

(EPA) Region III is publishing this direct 

final notice of deletion of a portion of 

the Centre County Kepone Superfund 

Site (the Site), located in State College, 

Pennsylvania, from the NPL. This 

deletion pertains to approximately 8 

acres to the north of Struble Road, 

referred to as the Administration Parcel, 

which includes the current RUTGERS 

Organics Corporation (ROC) 

Administration Building and associated 

parking and open areas.

The Administration Parcel has never 

been used for manufacturing operations 

and is located upgradient from the 

contaminated portion of the Site. EPA 

proposes to delete the Administration 

Parcel because no contamination at or 

above levels that present a significant 

risk to public health, welfare, or the 

environment has been found at or 

originating from the Administration 

Parcel. Therefore, response activities are 

not appropriate in this portion of the 

Site. 

The EPA identifies sites that appear to 

present a significant risk to public 

health or the environment and

57650 Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 

maintains the NPL as the list of those 

sites. As described in 300.425(e)(3) of 

the NCP, sites deleted from the NPL 

remain eligible for remedial actions if 

conditions at a deleted site warrant such 

action. 

Because EPA considers this action to 

be non-controversial and routine, EPA is 

taking it without prior publication of a 

notice of intent to delete. This direct 

final deletion will be effective sixty (60) 

days after publication of this document 

in the Federal Register unless EPA 

receives adverse comments within thirty 

(30) days after publication of this 

document. If adverse comments are 

received within the 30-day public 

comment period on this document, EPA 

will publish a timely withdrawal of this 

direct final deletion before the effective 

date of the deletion and the deletion 

will not take effect. EPA will, as 

appropriate, prepare a response to 

comments and continue with the 

deletion process on the basis of the 

notice of intent to delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that EPA is using for this action. Section 

IV discusses the Administration Parcel 

of the Centre County Kepone Superfund 

Site and demonstrates how it meets the 

deletion criteria. Section V discusses 

EPA’s action to delete the 

Administration Parcel of the Site from 

the NPL unless adverse comments are 

received during the public comment 

period. 

II. NPL Deletion Criteria 

Section 40 CFR 300.425(e) of the NCP 

provides that releases may be deleted 

from the NPL where no further response 

is appropriate. In making a 

determination to delete a release from 

the NPL, EPA shall consider, in 

consultation with the State, whether any 

of the following criteria have been met: 

i. Responsible parties or other persons 

have implemented all appropriate 

response actions required; 

ii. All appropriate Fund-financed 

(Hazardous Substances Superfund 

Response Trust Fund) response under 

CERCLA has been implemented, and no 

further response action by responsible 

parties is appropriate; or 

iii. The remedial investigation has 

shown that the release poses no 

significant threat to public health or the 

environment and, therefore, the taking 

of remedial measures is not appropriate. 

Even if a site is deleted from the NPL, 

where hazardous substances, pollutants, 

or contaminants remain at the deleted 

site above levels that allow for 

unlimited use and unrestricted 

exposure, CERCLA section 121(c), 42 

U.S.C. 9621(c) requires that a 

subsequent review of the site be 

conducted at least every five years after 

the initiation of the remedial action at 

the deleted site to ensure that the action 

remains protective of public health and 

the environment. If new information 

becomes available that indicates a need 

for further action, EPA may initiate 

remedial actions. Whenever there is a 

significant release from a site deleted 

from the NPL, the deleted site may be 

restored to the NPL without application 

of the hazardous ranking system. 

Deletion of a portion of a site from the 

NPL does not preclude eligibility for 

subsequent Fund-financed actions at the 

area deleted if future site conditions 

warrant such actions. Section 

300.425(e)(3) of the NCP provides that 

Fund-financed actions may be taken at 

sites that have been deleted from the 

NPL. A partial deletion of a site from the 

NPL does not affect or impede EPA’s 

ability to conduct CERCLA response 

activities at areas not deleted and 

remaining on the NPL. In addition, 

deletion of a portion of a site from the 

NPL does not affect the liability of 

responsible parties or impede agency 

efforts to recover costs associated with 

response efforts. 

III. Deletion Procedures 

The following procedures apply to the 

deletion of the Administration Parcel at 

the Site: 

(1) The EPA consulted with the 

Commonwealth of Pennsylvania on the 

partial deletion of the Site from the NPL 

prior to developing this direct final 

notice of partial deletion. 

(2) The Commonwealth of 

Pennsylvania, through the PADEP, 

concurred with this partial deletion.

(3) Concurrently with the publication 

of the direct final notice of partial 

deletion, a notice of the availability of 

the parallel notice of intent to delete 

published today in the ‘‘Proposed 

Rules’’ section of the Federal Register is 

being published in a major local 

newspaper of general circulation at or 

near the Site and is being distributed to 

appropriate federal, state, and local 

government officials and other 

interested parties; the newspaper notice 

announces the 30-day public comment 

period concerning the notice of intent to 

delete a portion of the Site from the 

NPL. 

(4) The EPA placed copies of 

documents supporting the deletion in 

the Site information repositories 

identified above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this document, EPA will 

publish a timely withdrawal of this 

direct final notice of deletion before its 

effective date and will prepare a 

response to comments and continue 

with the deletion process on the basis of 

the notice of intent to delete and the 

comments already received. 

Deletion of a site or a portion of a site 

from the NPL does not itself create, 

alter, or revoke any person’s rights or 

obligations. In addition, deletion of a 

site or a portion of a site from the NPL 

does not in any way alter EPA’s right to 

take enforcement actions, as 

appropriate. The NPL is designed 

primarily for informational purposes 

and to assist EPA management. Section 

300.425(e)(3) of the NCP states that the 

deletion of a site from the NPL does not 

preclude eligibility for future response 

actions, should future conditions 

warrant such actions. 

IV. Basis for Partial Site Deletion 

The following information provides 

EPA’s rationale for deleting the 

Administration Parcel of the Site from 

the NPL and EPA’s finding that the 

criteria in 40 CFR 300.425(e) are 

satisfied. 

Background 

The Site is located in College 

Township, Centre County, 

Pennsylvania, approximately two and 

one-quarter miles northeast of the 

Borough of State College, near the 

intersection of State Routes 322 and 26. 

The main Site occupies an area of 

approximately 32 acres consisting of the 

chemical manufacturing area, process 

buildings, a groundwater treatment 

building, warehouses and storage 

buildings and an open grassy field 

located south of Struble Road between 

a portion of the Conrail Railroad line 

and 1st Avenue. The Administration 

Parcel comprised a further area, 

approximately 8 acres in size, located 

north of Struble Road, where an 

administration building and associated 

parking areas are located. 

RUTGERS Organics Corporation, 

(ROC), formerly known as RuetgersNease Corporation (RNC), has owned 

and operated a chemical manufacturing 

plant at the main Site. The plant has 

operated since 1958 when it was built 

by Nease Chemical Company, Inc., the 

previous owner of the Site. As a result 

of an acquisition, ROC has operated the 

plant since December 1977. 

In the immediate vicinity of the Site, 

the land use is predominantly industrial 

and commercial, with some residential 

dwellings located to the southeast

Federal Register / Vol. 69, No. 186 / Monday, September 27, 2004 / Rules and Regulations 57651

across 1st Avenue. Local public water 

supply is provided throughout the 

surrounding area by the Lemont Water 

Company. 

The Site was placed on the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act (CERCLA) National Priorities List 

(NPL) on September 8, 1983. Pursuant 

to CERCLA, as amended by the 

Superfund Amendments and 

Reauthorization Act of 1986 (SARA), 

ROC and the United States 

Environmental Protection Agency 

(USEPA) entered into an Administrative 

Order of Consent (AOC, EPA Docket No. 

III–88–22–DC; USEPA, 1988) on 

November 7, 1988. The AOC stipulated 

that a Remedial Investigation (RI) and 

Feasibility Study (FS) be performed at 

the Site and specific off-Site areas 

including Thornton Spring and a 

portion of Spring Creek. The RI was 

conducted from 1990 through 1992 and 

the RI Report (Golder Associates, 1993), 

which included a Baseline Risk 

Assessment, was conditionally 

approved by USEPA on March 26, 1993. 

The FS was conducted in 1993 and the 

FS Report (Golder Associates, 1994) was 

conditionally approved by USEPA on 

September 27, 1994.

USEPA issued a Record of Decision 

for the Site dated April 21, 1995 (ROD; 

USEPA, 1995). The 1995 ROD addressed 

contaminated groundwater, surface 

water, soils, and sediments, together 

with source control measures for surface 

water discharges. A future ROD will 

address soils from the riparian areas of 

Spring Creek and the 15-acre former 

sprayfield area, and sediments from the 

lower portion of the freshwater drainage 

ditch, Thornton Spring, and Spring 

Creek beyond the Benner Fish Hatchery. 

USEPA amended the 1995 ROD in 2001 

with the concurrence of the 

Commonwealth of Pennsylvania (ROD 

Amendment, USEPA, 2001) to select an 

alternative method of soil remediation 

at the main Site (enhanced soil vapor 

extraction and soil removal). A Consent 

Decree, whereby ROC agreed to 

implement the requirements of the OU–

1 ROD, as amended, was signed by ROC 

on September 30, 1996 (Civil Action No. 

03–23; USEPA, 1996b). Since 1999, 

contaminated groundwater extraction 

and treatment, soil and sediment 

removal, soil vapor extraction, and 

groundwater and surface water 

monitoring have been conducted at the 

Site pursuant to the ROD and Consent 

Decree. 

No remedial actions are required by 

the ROD and Consent Decree for the 

Administration Parcel. There is some 

ambiguity as to whether the 

Administration Parcel was ever truly 

part of the NPL Site since no 

manufacturing operations ever occurred 

thereon and the parcel is located 

upgradient from the remainder of the 

Site. 

Sampling Results 

Extensive sampling has been 

completed at the Site as part of the 

Remedial Investigation, the subsequent 

Remedial Design, and monitoring of 

remedial actions. Data collected from 

monitoring wells located within the 

Administration Parcel, which have been 

sampled for over ten years, indicates no 

contamination at or above clean-up 

levels either at or originating from the 

Administration Parcel. Therefore, 

response actions have not been required 

by the present ROD, nor are anticipated 

to be required by any future ROD for the 

Site. Therefore, EPA intends for this 

parcel to be officially removed from the 

NPL pursuant to 40 CFR 300.425(e). 

Community Involvement 

Public participation activities have 

been satisfied as required in CERCLA 

section 113(k), 42 U.S.C. 9613(k), and 

CERCLA section 117, 42 U.S.C. 9617. 

Documents in the deletion docket, 

which EPA relied on for 

recommendation of the partial deletion 

from the NPL, are available to the public 

in the information repositories. 

V. Deletion Action 

The EPA, with concurrence of the 

Commonwealth of Pennsylvania, has 

determined that all appropriate 

responses under CERCLA have been 

completed for the Administration 

Parcel, and that no further response 

actions, under CERCLA, are necessary. 

Therefore, EPA is deleting the 

Administration Parcel of the Site from 

the NPL. 

Because EPA considers this action to 

be non-controversial and routine, EPA is 

taking it without prior publication of a 

notice of intent to delete. This direct 

final deletion will be effective sixty (60) 

days after publication of this document 

in the Federal Register unless EPA 

receives adverse comments within thirty 

(30) days after publication on this 

document. If adverse comments are 

received within the 30-day public 

comment period on this document, EPA 

will publish a timely withdrawal of this 

direct final deletion before the effective 

date of the deletion and the deletion 

will not take effect. EPA will, as 

appropriate, prepare a response to 

comments and continue with the 

deletion process on the basis of the 

notice of intent to delete and the 

comments already received. There will 

be no additional opportunity to 

comment.

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply.

Dated: September 14, 2004. 

Andrew Carlin, 

Acting Regional Administrator, Region III.

■ For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows:

PART 300—[AMENDED]

■ 1. The authority citation for Part 300 

continues to read as follows:

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR, 1987 Comp., p. 193. 

Appendix B—[Amended]

■ 2. Table 1 of Appendix B to Part 300 

is amended by adding a ‘‘P’’ in the Notes 

column in the entry for Centre County 

Kepone, State College Borough, 

Pennsylvania.

[FR Doc. 04–21493 Filed 9–24–04; 8:45 am] 

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric 

Administration

50 CFR Part 300

[Docket No. 040209049–4117–02; I.D. 

091404G]

Pacific Halibut Fisheries; Oregon Sport 

Fisheries

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce.

ACTION: Inseason action; request for 

comments.

SUMMARY: NMFS announces changes to 

the regulations for the Area 2A sport 

halibut fisheries off the central coast of 

Oregon. This action would increase the 

daily bag limit and make additional 

potential season reopening dates 

available to halibut fishing in the 

Oregon central coast recreational fishing 

subarea. The purpose of this action is to 

allow increased access to Oregon’s 

central coast recreational halibut quota.

DATES: Effective September 22, 2004, 

through the 2005 annual management