[Federal Register Volume 74, Number 157 (Monday, August 17, 2009)]
[Rules and Regulations]
[Pages 41341-41345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19679]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2009-0227; FRL-8945-3]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct Final Notice of Deletion of the Island Chemical Corp/
Virgin

[[Page 41342]]

Islands Chemical Corp. Superfund Site from the National Priorities 
List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 2 is 
publishing a direct final Notice of Deletion of the Island Chemical 
Corp/Virgin Islands Chemical Corp. (Site), located in St. Croix, U.S. 
Virgin Islands, from the National Priorities List (NPL). The NPL, 
promulgated pursuant to section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 
is an appendix of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). This direct final deletion is being published 
by EPA with the concurrence of the territory of U.S. Virgin Islands, 
through the Virgin Islands Department of Planning and Natural Resources 
(VIDPNR), because EPA has determined that all appropriate response 
actions under CERCLA have been completed. However, this deletion does 
not preclude future actions under Superfund.

DATES: This direct final deletion is effective October 16, 2009 unless 
EPA receives adverse comments by September 16, 2009. 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: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2009-0227, by one of the following methods:
    <bullet> http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#e28995838ccc8183908d8e8b8c87a2879283cc858d94"><span class="__cf_email__" data-cfemail="91fae6f0ffbff2f0e3fefdf8fff4d1f4e1f0bff6fee7">[email protected]</span></a>
    <bullet> Fax: (212) 637-4284
    <bullet> Mail: U.S. Environmental Protection Agency, Region 2, 290 
Broadway, 20th floor, New York, NY 10007-1866
    <bullet> Hand delivery: U.S. Environmental Protection Agency, 
Region 2, 290 Broadway, 20th floor, New York, NY. 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-
2009-0227. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statue. Certain other 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. Environmental Protection Agency, Region 2, 290 Broadway, Superfund 
Record, Center, Room 1828, New York, NY 10007-1866, Hours: Monday to 
Friday from 9 a.m. to 5 p.m., Telephone No. (212) 637-4308.
Department of Planning and Natural Resources, 45 Mars Hill, 
Frederiksted, U.S. Virgin Islands, 00850, Hours: Monday to Friday from 
9 a.m. to 5 p.m., Telephone No. (340) 773-1082.
U.S. Environmental Protection Agency, Caribbean Environmental 
Protection Division, Tunick Building, Suite 102, 1336 Beltjen Road, St. 
Thomas, VI 00801, Hours: Monday to Friday from 9 a.m. to 5 p.m., 
Telephone No. (340) 714-2333.


FOR FURTHER INFORMATION CONTACT: Ms.Caroline Kwan, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 
20th floor, New York, NY 10007-1866, (212) 637-4275, e-mail: 
<a href="/cdn-cgi/l/email-protection#79120e1817571a180b161510171c391c0918571e160f"><span class="__cf_email__" data-cfemail="ef84988e81c18c8e9d808386818aaf8a9f8ec1888099">[email protected]</span></a>

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 2 is publishing this direct final Notice of Deletion of 
the Island Chemical Corp/Virgin Islands Chemical Corp. Superfund Site 
(Site), from the NPL. The NPL constitutes Appendix B of 40 CFR part 
300, which is the 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 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.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective October 16, 2009 unless EPA 
receives adverse comments by September 16, 2009. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent to 
Delete in the ``Proposed Rules'' section of the Federal Register. If 
adverse comments are received within the 30-day public comment period 
on this deletion action, EPA will publish a timely withdrawal of this 
direct final Notice of 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 VICHEM Superfund Site and 
demonstrates how it meets the deletion criteria. Section V discusses 
EPA's action to delete the Site from the NPL unless adverse comments 
are received during the public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL.

[[Page 41343]]

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 territory of U.S. Virgin Islands prior 
to developing this direct final Notice of Deletion and the Notice of 
Intent to Delete co-published today in the ``Proposed Rules'' section 
of the Federal Register.
    (2) EPA has provided the territory 30 working days for review of 
this notice and the parallel Notice of Intent to Delete prior to their 
publication today, and the territory, through the VIDPNR has concurred 
on the deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in the Virgin Islands Daily News. 
The newspaper notice announces the 30-day public comment period 
concerning the Notice of Intent to Delete the Site from the NPL.
    (4) 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.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, EPA will publish a timely 
notice of 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 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 Site, EPA ID No. VID980651095, is located on Plot 13Q of Estate 
Bethlehem Middle Works in the south-central portion of St. Croix in the 
U.S. Virgin Islands. Plot 13Q is bordered to the north and east by an 
intermittent stream, the River Gut, which originates north of the Site 
and drains to the Caribbean Sea. The Site geology is characterized by 
approximately 85 feet of fill and Alluvial materials (sandy-clay to 
sandy-silt and clayey sand) overlying the clayey marl of the Kingshill 
Formation. Groundwater underlying the Site flows predominantly to the 
south-southeast. Land use surrounding the Site includes a mix of 
commercial and industrial purposes and the Site is zoned as I-2 (Light 
Industry).
    Charles H. Steffey, Inc. (CHS, Inc.) purchased the VICHEM Site in 
1968. At some point prior to 1969, CHS, Inc. changed its name to CHS 
Holding Corporation (CHS). From 1968 to 1982, the Site was used for the 
manufacture and blending of a variety of pharmaceutical products. By 
the end of 1982, the facility was permanently closed. CHS maintains 
ownership of the Site. Between 1984 and 1991, several investigations 
were conducted at the Site by EPA and a former tenant, Island Chemical 
Company, which was later acquired by Berlex Laboratories, Inc. 
(``Berlex''). This investigative work identified six areas of potential 
environmental concern:

--Laboratory and Warehouse Building;
--Above ground storage tank (AST) area;
--Former process pit (FPP) area;
--Loading dock/former laboratory pit area;
--Soil beneath concrete pad near ASTs;
--Concrete storage pad.

    During initial stages of site assessment, both EPA and Berlex 
conducted response activities including soil excavation with on-Site 
treatment or off-Site disposal, drum removals, and off-Site disposal of 
AST contents. Between September 1989 and October 1991, EPA conducted a 
removal action at the Site. At that time, the laboratory/warehouse 
building was found to contain approximately 400 drums (some extremely 
deteriorated), leaking cylinders of chlorine and hydrogen chloride, and 
over 800 containers of laboratory reagents that included sodium metal, 
potassium cyanide, and ethyl ether. EPA removed 354 drums containing 
14,720 gallons of various chemicals and 8,061 pounds of lab pack 
chemicals from the laboratory/warehouse building.
    The Site was proposed to the NPL on January 18, 1994 (59 FR 2568) 
and subsequently added on June 17, 1996 (61 FR 30510).

Remedial Investigation/Feasibility Study

    On September 29, 1994, EPA entered into an Administrative Order on 
Consent (AOC), Index No. II CERCLA-94-0401, with Berlex and Island 
Chemical Company; Pierrel S.p.A, a subsidiary of Pharmacia & Upjohn, 
Inc. (``P&U'') and also a former tenant at the Site, was added as a 
respondent to the AOC in April 1999. The AOC, pursuant to Section 
106(a) of the Comprehensive Environmental Response, Compensation, and 
Liability Act (CERCLA), as amended, 42 U.S.C. 9606(a), required the 
performance of a Remedial Investigation/Feasibility Study (RI/FS) at 
the Site.
    The primary objectives of the RI were to: (1) Collect the data 
needed to characterize the nature and extent of contamination and 
adequately support human health and ecological baseline risk 
assessments and (2) provide a basis on which a subsequent, cost-
effective, remedial action plan would be recommended. All six areas of 
potential concern were investigated during the initial assessment and 
the subsequent RI, along with the nature and extent of soil and 
groundwater contamination, and potential off-Site sediment 
contamination. Based on the data collected, only the AST and FPP areas 
were determined to require remediation. Contaminants of concern at the 
Site included ethylbenzene and xylene, in soils and groundwater at the 
AST area and chloroform in groundwater at the FPP area. The Site posed 
potential threats to human health and the environment through ingestion 
associated with contaminated soil and groundwater.
    As part of the RI/FS, the PRPs implemented a field Pilot Test of 
Soil Vapor Extraction/Air Sparging (SVE/AS) in February 2000. Following 
successful completion of the Pilot Test and with the approval of EPA 
and the VIDPNR, an SVE/AS system for the AST area was

[[Page 41344]]

placed in continuous operation in June 2001 by the PRPs.
    A chain link fence was installed in the spring of 2000 along the 
property line to secure the area from unauthorized access, and in the 
spring of 2002, the PRPs demolished the site buildings and removed and 
disposed/recycled all of the tanks and related equipment.

Selected Remedy

    Based on the human health risk assessment, the remedial action 
objectives for the Site were:
    <bullet> Mitigate the toxicity, mobility, and/or volume of VOCs 
(ethylbenzene and xylene) in soils in the AST area to minimize 
continued leaching to groundwater;
    <bullet> Mitigate the toxicity, mobility, and/or volume of VOCs 
(ethylbenzene and xylene) in groundwater in the AST area and 
downgradient so as to achieve Maximum Contaminant Levels (MCLs) and 
protect potential future groundwater users;
    <bullet> Mitigate the toxicity, mobility, and/or volume of 
chloroform in groundwater in the FPP area and downgradient so as to 
achieve MCLs and protect future potential groundwater users; and
    <bullet> Restrict on-site groundwater use to non-potable purposes 
until the water quality is restored to MCLs.
    On August 14, 2002, the Regional Administrator signed a Record of 
Decision (ROD) selecting the following remedy:
    <bullet> SVE/AS to treat contaminated groundwater, saturated soil, 
and unsaturated soil at the AST source area;
    <bullet> Monitored Natural Attenuation (MNA) to address low-level 
residual contamination in groundwater at the FPP area and downgradient 
areas; and
    <bullet> Institutional controls (in the form of existing VIDPNR 
well permitting laws and regulations) to limit the pumping of 
groundwater at the Site to prevent interference with the selected 
remedy and to also prevent human exposure to contaminated groundwater 
until EPA's MCLs are achieved.
    The ROD also selected groundwater pump and treat as a contingency 
remedy in the event that groundwater cleanup goals were not achieved in 
a reasonable time period.

Response Actions

    In a Consent Decree with EPA, entered on March 5, 2004, the PRPs 
(Island Chemical Company, Berlex and P&U and successors in interest) 
agreed to perform the remedial design/remedial action (RD/RA) specified 
in the ROD. On a voluntary basis, the PRPs had been operating the SVE/
AS system in the AST Area (which was consistent with the requirements 
of the ROD) since 2001, and an extensive network of monitoring wells 
was already in place. A formal remedial design phase was, therefore, 
not required by the Consent Decree, except in the event EPA determined 
that supplemental activities were required to achieve performance 
standards. The PRPs submitted a Remedial Action Work Plan (RAWP) in 
September 2004 that detailed all elements of the required remedial 
action.
SVE/System in AST Area
    The SVE/AS system includes six SVE wells, one AS well, and eleven 
vapor monitoring probes, together with a surface vapor barrier that 
prevents short-circuiting of air flow and direct contact with surface 
soil. A groundwater monitoring network comprising a total of eight 
wells (shallow and deep) is also installed in the AST area. Continuous 
operation of the SVE/AS system by the PRPs from June 2001 through 
November 2003 removed approximately 2,030 pounds of AST area 
contaminants and reached asymptotically low limits of mass removal. 
Rebound testing indicated that negligible residual mass was left in the 
unsaturated zone. The mass removed correlates well with source mass 
estimates presented in the Feasibility Study (FS) of 1,900 pounds.
AST Area Groundwater Monitoring Results
    AST Area groundwater was monitored quarterly commencing in June 
2001, when the SVE/AS system was placed in continuous operation, 
including three events subsequent to shut down of the AS/SVE system on 
November 3, 2003. Groundwater concentrations were reduced from a high 
of 176,000 [micro]g/L of total toluene, ethylbenzene and xylenes (TEX) 
in June 2001 (baseline levels) in the most contaminated well (MW-6), to 
13 [micro]g/L in September 2003, the last sampling event prior to the 
November 2003 shutdown of the SVE/AS system. Four other AST area 
groundwater monitoring locations remained below the ROD cleanup goals 
for the entire period, and were generally at or near non-detect levels 
from November 2001 onward.
    Rebound and post-shut down evaluations performed in August 2002, 
December 2003, March 2004 and June 2004 indicated modest increases in 
groundwater concentrations, to levels generally below cleanup goals. 
Post-shutdown levels in MW-1 and MW-6 in June 2004 were reduced 88-
99.99% from baseline concentrations in June 2001, confirming the 
permanence of the remediation. Concentrations in MW-6 decreased from 
6,900 [micro]g/L TEX in December 2003 to 14 [micro]g/L TEX in June 
2004. The concentrations in MW-1, which increased from December 2003 to 
March 2004 to 21,400 [micro]g/L, decreased to 1,270 [micro]g/L TEX in 
December 2004, as natural attenuation degraded the residual contaminant 
concentrations following source removal/treatment of the vadose zone 
(2,030 pounds removed via SVE). Wells located to the north of the AST 
Area, MW-8 and MW-10, were installed during the Remedial Investigation 
(RI) to monitor the possible off-property migration of contaminants 
although the predominant groundwater flow direction is to the south/
southeast. These wells were sampled during the baseline event and in 
the three events since December 2003. In each event, concentrations of 
TEX were below 0.6 [micro]g/L in MW-8 and MW-10, indicating that there 
is no migration of Site contaminants of concern (COCs) to the north.
    Groundwater monitoring was performed semi-annually from 2004 to 
2006. Three wells, MW-1, MW-6, and AST-VMP-3D, were monitored in the 
AST area for TEX parameters and a list of key intrinsic biodegradation 
parameters. All TEX results were below cleanup goals except for one 
detection of ethylbenzene at 1700 [micro]g/in AST-VMP-3D in December 
2004. EPA approved annual post remediation monitoring in the AST Area 
in April 2006. TEX concentrations remained below cleanup goals during 
three rounds of post remediation monitoring from 2006 to 2008. The 
highest TEX concentration in these wells decreased from 38 [micro]g/L 
in May 2006 to non-detect in the last round, February 2008. Post-
Remediation Monitoring at the AST Area has been completed in full 
satisfaction of the Consent Decree and associated Statement of Work.
AST Area Soil Confirmatory Sampling Results
    Soil samples were collected in the AST area on a 25 foot by 25 foot 
grid pattern with vertical samples collected every 2 feet to the water 
table, in February 2004 and analyzed for site contaminant VOCs. The 
results demonstrated that contaminant levels were below cleanup goals 
in all samples analyzed. The highest depth averaged concentration of 
soil samples in one location were 369 [micro]g/kg ethylbenzene and 296 
[micro]g/kg xylenes, compared with the ROD cleanup goals of 6,500 
[micro]g/kg and 90,000 [micro]g/kg, respectively.

[[Page 41345]]

MNA in FPP Area
    EPA selected MNA as the remedy for FPP Area groundwater, and 
chloroform concentrations in groundwater decreased sharply since 1998 
such that the cleanup goal has been reached. From 1998 to June 2004, 
chloroform in MW-2, the source area of historically highest 
concentrations, decreased from 2,400 [micro]g/L to 13 [micro]g/L. 
Chloroform concentrations in the FPP Area have been consistently below 
the cleanup goal since 2000. MW-11, a downgradient well which had an 
increase in chloroform from 3J [micro]g/L in 1998 to 40.4 [micro]g/L in 
2000, was below cleanup goals in 2004, indicating that chloroform has 
attenuated downgradient. Chloroform was not been detected in any of the 
AST Area wells, and methylene chloride (a potential degradation product 
of chloroform) was not detected above 1.0 [micro]g/L in any FPP or AST 
wells up to June 2004.
    In the FPP Area, annual post-remediation groundwater monitoring 
began in the 2nd quarter 2005. Three wells, MW-2, MW-7, and MW-11, were 
monitored for chloroform. Chloroform concentrations remained below 
cleanup goals during three rounds of post remediation monitoring from 
2005 to 2007. Chloroform concentrations varied from non detect in May 
2005 to 21 [micro]g/L in May 2007, below the cleanup goals of 100 
[micro]g/L. Post-Remediation Monitoring at the FPP Area has been 
completed in full satisfaction of the Consent Decree and associated 
statement of work (SOW).
    Based upon the soil and groundwater data, which indicated 
compliance with all cleanup goals, EPA determined that supplemental 
remedial construction activities were not necessary, and use of the 
contingency remedy of groundwater pump and treat would not be required 
in either the AST Area or FPP Area. Construction was, therefore, 
considered to be complete.
    The SVE system was permanently shut down in November 2003 and the 
treatment system trailer removed in 2005. The SVE wells and monitoring 
wells at the Site have not been decommissioned. The PRPs are developing 
a plan to decommission these wells in the summer of 2009. The Remedial 
Action Report was submitted in September 2004 and the Final Post-
Remediation Monitoring Report was submitted in April 2008. The final 
site inspection occurred on March 4, 2009.
Institutional Controls
    The ROD indicated that VIDPNR, in consultation with EPA, would 
utilize institutional controls (in the form of existing well permitting 
laws and regulations) to limit the pumping of groundwater at the Site, 
to prevent interference with the selected remedy, and to also prevent 
human exposure to contaminated groundwater until ROD cleanup goals were 
achieved. Pursuant to the CD, on request from EPA, the PRPs were to 
seek an environmental easement/restrictive covenant to enforce land and 
groundwater use controls at the Site and other areas where VOC 
contamination exceeds ROD cleanup goals or where groundwater extraction 
could negatively impact the existing contaminant plume. The PRPs have 
maintained fencing around the site and maintained oversight of 
groundwater conditions during remediation. Based on these actions and 
the existence of well permitting requirements EPA did not require the 
PRPs to obtain the environmental easement/restrictive covenant. The 
Site has no hazardous substances, associated with the NPL release, 
remaining above levels that would prevent unlimited use and 
unrestricted exposure. The remedy is completed and no other operation 
and maintenance activities are required. The final Five-Year Review was 
signed on March 20, 2009.

Cleanup Goals

    The cleanup goals for soils in the AST area are 6,500 [micro]g/kg 
for ethylbenzene, and 90,000 [micro]g/kg for xylene. For groundwater, 
the cleanup goals are 700 [micro]g/L for ethylbenzene, 10,000 [micro]g/
L for xylene, and 100 [micro]g/L for chloroform, respectively.

Community Involvement

    Public participation activities for this Site have been satisfied 
as required in CERCLA Sec.  113(k) and Section 117. As part of the 
remedy selection process, the public was invited to comment on EPA's 
proposed remedies. All other documents and information which EPA relied 
on or considered in recommending this deletion are available for the 
public to review at the information repositories identified above.

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

    One of the three criteria for site deletion is when responsible 
parties or other persons have implemented all appropriate response 
actions required (40 CFR 300.425(e)(1)(I)). EPA, with the concurrence 
of the U.S. Virgin islands through VIDPNR, has determined that all 
required and appropriate response actions have been implemented by the 
responsible parties.

V. Deletion Action

    The EPA, with concurrence of the U.S. Virgin Islands through the 
VIDPNR has determined that all appropriate response actions under 
CERCLA, have been completed. Therefore, EPA is deleting the Site from 
the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective October 16, 2009 unless EPA receives adverse comments by 
September 16, 2009. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of deletion before the effective date of the 
deletion, and it will not take effect. EPA will prepare a response to 
comments and continue with the deletion process on the basis of the 
notice of intent to 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: August 3, 2009.
George Pavlou,
Acting Regional Administrator, Region 2.


0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

 PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923; 3 CFR, 1987 Comp., p. 193.

0
2. Table 1 of Appendix B to part 300 is amended by removing the entry 
``Island Chemical Corp/VI Chemical Corp'', ``Christiansted'', ``Virgin 
Islands''.

[FR Doc. E9-19679 Filed 8-14-09; 8:45 am]
BILLING CODE 6560-50-P


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