Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Rules and Regulations 2201 

On August 20, 1999 an Explanation of 

Significant Differences was issued 

which revised the remedy. The ROD 

anticipated that the bulk of the 

consolidated wastes at the Site would be 

incorporated into the on-site landfill 

and capped in place. During the design 

of the cap, the volume of the waste to 

be consolidated was determined to 

exceed the capacity of the cap being 

designed for the designated landfill 

area. Therefore, the ESD required 

excavation, characterization, and offsite 

disposal of the excess waste materials. 

Then the on-site landfill could be 

capped as described in the ROD. 

Operation and Maintenance 

The first round of surface water and 

groundwater monitoring occurred in 

October 2002. After this sampling event, 

sampling the surface water and springs 

was discontinued because no 

contaminants were detected in the seeps 

and creek north of the landfill and 

upgradient from the Site. Sampling the 

leachate seep from the landfill was also 

discontinued because the cover 

eliminated the seep. 

Operation and Maintenance (O&M) 

activities were transferred to the 

Pennsylvania Department of 

Environmental Resources (PADEP) after 

this sampling event since there was no 

responsible party capable of performing 

the work for the Site. URS Corporation 

(URS) was contracted in June 2003 by 

the PADEP to complete the post-closure 

operations and maintenance. Quarterly 

site inspections and monitoring were 

initiated in 2003. 

A number of monitoring wells are 

located at the Site and between the 

landfill and the residential wells. There 

are approximately 14 residential wells 

that are also monitored under the O&M 

plan. 

Groundwater monitoring and 

sampling was conducted during the 

spring of 2004, the fall of 2004, the 

spring of 2005 and the spring of 2006. 

Activities performed by URS also 

include inspections of both sediment 

basins. 

Mowing the vegetation on the cap is 

conducted under a separate contract 

issued by PADEP on a yearly basis. 

Five Year Review 

CERCLA requires a five-year review of 

all sites where hazardous substances 

remain above health-based levels which 

prevents unlimited use and unrestricted 

exposure. The first five-year review for 

the Site was completed in August 2005. 

The five-year review found that the 

objectives of the ROD and ESD were met 

by the implemented remedy. Periodic 

monitoring conducted by EPA and 

PADEP indicate that the selected 

remedies have been effective in 

eliminating the environmental threats 

posed by the landfill to the surrounding 

environment and human populations. 

Five-year reviews will continue to be 

conducted. 

Institutional Controls 

The institutional controls to restrict 

new well installation in the 

contaminated zone were established on 

June 8, 2001 by an Access Order issued 

during the construction phase of the 

remedial action and are still in effect. 

The Access Order required that the 

property owner shall not interfere with 

the operation, alter or disturb the 

integrity, of any structures or devices 

now or hereinafter built, installed or 

otherwise placed by EPA and/or its 

Representatives on the Site or Property. 

This effectively prevents any well 

installation through the cap, which 

covers the contaminated zone. 

Maintenance of the institutional control 

is part of the O&M activities conducted 

by PADEP pursuant to the State 

Superfund Contract (SSC). 

Community Involvement 

Public participation activities have 

been satisfied as required by CERCLA 

Sections 113(k) and 117, 42 U.S.C. 

9613(k) and 9617. Documents upon 

which EPA relied to make this 

recommendation to delete the Site from 

the NPL are available to the public in 

the information repositories. 

V. Deletion Action 

EPA, with the concurrence of the 

Commonwealth of Pennsylvania, has 

determined that all appropriate 

responses under CERCLA have been 

completed, and that no further response 

action, other than operation and 

maintenance and five-year reviews, are 

necessary. 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 of a 

notice of intent to delete. This action 

will be effective March 19, 2007 unless 

EPA receives adverse comments by 

February 20, 2007. 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 also 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 relation, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: November 16, 2006. 

Donald Welsh, 

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. 21777, 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 under Pennsylvania (‘‘PA’’) 

by removing the entry for ‘‘Berkley 

Products Co. Dump’’. 

[FR Doc. E7–537 Filed 1–17–07; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 060216045–6045–01; I.D. 

011107A] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Atka Mackerel Lottery 

in Areas 542 and 543 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notification of fishery 

assignments. 

SUMMARY: NMFS is notifying the owners 

and operators of registered vessels of 

their assignments for the 2007 A season 

Atka mackerel fishery in harvest limit 

area (HLA) 542 and/or 543 of the 

Aleutian Islands subarea of the Bering 

Sea and Aleutian Islands management 

area (BSAI). This action is necessary to 

allow the harvest of the 2007 A season 

HLA limits established for area 542 and 

area 543 pursuant to the 2006 and 2007 

harvest specifications for groundfish in 

the BSAI. 


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2202 Federal Register / Vol. 72, No. 11 / Thursday, January 18, 2007 / Rules and Regulations 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), January 12, 2007, until 

1200 hrs, A.l.t., April 15, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Jennifer Hogan, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI exclusive economic zone 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

In accordance with 

§ 679.20(a)(8)(iii)(A), owners and 

operators of vessels using trawl gear for 

directed fishing for Atka mackerel in the 

HLA are required to register with 

NMFS. Four vessels have registered 

with NMFS to fish in the A season HLA 

fisheries in areas 542 and/or 543. In 

order to reduce the amount of daily 

catch in the HLA by about half and to 

disperse the fishery over time and in 

accordance with § 679.20(a)(8)(iii)(B), 

the Administrator, Alaska Region, 

NMFS, has randomly assigned each 

vessel to the HLA directed fishery for 

Atka mackerel for which they have 

registered and is now notifying each 

vessel of its assignment. 

Vessels authorized to participate in 

the first HLA directed fishery in area 

542 and/or in the second HLA directed 

fishery in area 543 in accordance with 

§ 679.20(a)(8)(iii) are as follows: Federal 

Fishery Permit number (FFP) 3400 

Alaska Ranger and FFP 2443 Alaska 

Juris. 

Vessels authorized to participate in 

the first HLA directed fishery in area 

543 and/or the second HLA directed 

fishery in area 542 in accordance with 

§ 679.20(a)(8)(iii) are as follows: FFP 

3835 Seafisher and FFP 3423 Alaska 

Warrior. 

Classification 

The Assistant Administrator for 

Fisheries, NOAA (AA), finds good cause 

to waive the requirement to provide 

prior notice and opportunity for public 

comment pursuant to the authority set 

forth at 5 U.S.C. 553(b)(B) as such 

requirement is unnecessary. This notice 

merely advises the owners of these 

vessels of the results of a random 

assignment required by regulation. The 

notice needs to occur immediately to 

notify the owner of each vessel of its 

assignment to allow these vessel owners 

to plan for participation in the A season 

HLA fisheries in area 542 and area 543. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and is exempt from review under 

Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 11, 2007. 

James P. Burgess, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 07–179 Filed 1–12–07; 2:18 pm] 

BILLING CODE 3510–22–S 


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