Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Proposed Rules 44619

or such that the monitoring data show

operation inconsistent with the

monitoring plan established pursuant to

§ 63.120(d)(2) or § 63.181(g)(1)(iv), shall

constitute a violation of the required

operating conditions.

* * * * *

Subpart F—[Amended]

4. Table 1 of subpart F is amended by

removing the entry for acetaldol and its

associated CAS number and group

number.

[FR Doc. 97–22366 Filed 8–21–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–5876–4]

National Oil and Hazardous

Substances Pollution Contingency

Plan, National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent for partial

deletion of the Saegertown Industrial

Area Site from the National Priorities

List (NPL).

SUMMARY: The Environmental Protection

Agency, Region III (EPA) announces its

intent to delete certain releases on the

Saegertown Industrial Area Site (Site)

from the National Priorities List (NPL)

and requests public comment on this

proposed action. The NPL is published

at 40 CFR part 300, appendix B. Part 300

is the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), which the EPA promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, as amended (CERCLA).

EPA has determined that the Site as

described on the NPL no longer

necessitates remedial measures for the

properties affected by those releases.

This proposal for partial deletion

includes releases on the property

formerly owned by the General

American Transportation Corporation

(GATX) and Spectrum Control, Inc.

(SCI) and property currently owned by

the Saegertown Manufacturing

Corporation (SMC).

EPA bases its proposal to delete the

releases from the former GATX and SCI

properties, and the SMC property

(Deleted Properties) from the Site on the

determination by EPA and the

Commonwealth of Pennsylvania,

through the Pennsylvania Department of

Environmental Protection (PADEP), that

all appropriate actions under CERCLA

have been implemented to protect

human health, welfare and the

environment, as defined by CERCLA,

and, therefore, no further remedial

measures pursuant to CERCLA are

deemed necessary for the Deleted

Properties.

This partial deletion pertains only to

releases on the former GATX and SCI

properties and the SMC property at the

Site, and does not include the Lord

Corporation property (Operable Unit—

1) at the Site. Operable Unit—1 (OU–1)

will remain on the NPL, and response

activities will continue for this Operable

Unit.

DATES: Comments concerning this Site

may be submitted on or before

September 22, 1997.

ADDRESSES: Comments may be

submitted to Steven J. Donohue,

Remedial Project Manager, 3HW22, U.S.

EPA, Region III, 841 Chestnut Building,

Philadelphia, Pennsylvania, 19107,

(215) 566–3215, Fax (215) 566–3001, email DONOHUE.STEVEN@

EPAMAIL.EPA.GOV.

Comprehensive information on this

Site is available for viewing in the Site

information repositories at the following

locations: U.S. EPA, Region III,

Hazardous Waste Technical Information

Center, 841 Chestnut Building,

Philadelphia, PA, 19107, (215) 566–

5364; and the Saegertown Area Library,

320 Broad Street, Saegertown, PA

16433, (814) 763–5203.

FOR FURTHER INFORMATION CONTACT:

Steven J. Donohue (3HW22), EPA

Region 3, 841 Chestnut Building,

Philadelphia, PA, 19107, (215) 566–

3215, Fax (215) 566–3001, e-mail

DONOHUE.STEVEN@

EPAMAIL.EPA.GOV.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

I. Introduction

The Environmental Protection

Agency, Region III (EPA) announces its

intent to delete releases on certain

portions of the Saegertown Industrial

Area Site (Site) located in Saegertown,

Crawford County, Pennsylvania from

the National Priorities List (NPL)

published at 40 CFR part 300. These

releases no longer pose a threat to

human health or the environment and

therefore remedial measures according

to CERCLA are no longer necessary on

the Deleted Properties. EPA requests

comments on this partial deletion.

The Deleted Properties at the

Saegertown Industrial Area Site are

those properties, as originally listed on

the NPL in February 1990, located to the

north of Pennsylvania Route 198. The

Deleted Properties are bounded by

Route 198 to the south, generally

bounded by an unnamed intermittent

tributary of Woodcock Creek to the east

and the northern property boundary of

SMC to the north, and bounded by the

former Conrail railroad right of way to

the west. A figure and the exact

coordinates that define the Deleted

Properties at the Site are contained in

the NPL deletion docket.

Section II of this document explains

the criteria for partially deleting

portions of a site from the NPL. Section

III discusses the procedures that EPA is

using for this action. Section IV

discusses the Saegertown Industrial

Area Site and explains how partial

deletion criteria are met for this Site.

II. NPL Deletion Criteria

Section 300.425(e) of the NCP

provides that releases may be deleted

from, or recategorized on, 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 parties

have implemented all appropriate

response actions required;

(ii) All appropriate Fund-Financed

response under CERCLA has been

implemented, and no further 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, taking of

remedial measures is not appropriate.

Site releases may not be deleted from

the NPL until the state in which the site

is located has concurred with the

proposed deletion. EPA is required to

provide the state with 30 working days

for review of the deletion notice prior to

its publication in the Federal Register.

It states in the NCP (40 CFR

300.425(e)(3)) that all sites deleted from

the NPL are eligible for further Fundfinanced remedial action should future

conditions warrant such action.

Whenever there is a significant release

from a site deleted from the NPL, the

site may be restored to the NPL without

the application of the Hazard Ranking

System.
44620 Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Proposed Rules

III. Deletion Procedures

Sections 300.425(e) (4) and (5) of the

NCP set forth requirements for deletions

of site releases to assure public

involvement in the decision. EPA

announced a policy change which

permitted the partial deletions of those

releases from the NPL in a document

published on Wednesday, November 1,

1995 in the Federal Register (60 FR

55466). Accordingly, during the

proposal to delete a release from the

NPL, EPA is required to conduct the

following activities:

(i) Publish a notice of intent for partial

deletion in the Federal Register and

solicit comment through a public

comment period of a minimum of 30

calendar days;

(ii) Publish a notice of availability of

the notice of intent for partial deletion

in a major local newspaper of general

circulation at or near the release that is

proposed for deletion;

(iii) Place copies of information

supporting the proposed partial deletion

in the information repository at or near

the site proposed for deletion; and,

(iv) Respond to each significant

comment and any significant new data

submitted during the comment period

in a Responsiveness Summary.

If EPA determines that the deletion is

appropriate after considering comments

received during the public comment

period and receiving the states’s

concurrence, EPA then publishes a

notice of partial deletion in the Federal

Register and places the final partial

deletion package, including the

Responsiveness Summary, in the site

repositories.

Partial deletion of a site release from

the NPL does not itself create, alter, or

revoke any individual’s rights or

obligations. As stated in section II of

this document, § 300.425(e)(3) of the

NCP provides that the deletion of a site

release from the NPL does not preclude

eligibility for future response actions.

IV. Basis for Intended Site Deletion

The following summary provides

EPA’s rationale for the proposed partial

deletion of the Saegertown Industrial

Area Site releases from the NPL.

The Saegertown Industrial Area Site

consists of an approximately 100 acres

area located in an industrial park in the

Borough of Saegertown, Crawford

County, Pennsylvania. Saegertown is

located approximately 25 miles south of

the City of Erie, Pennsylvania, and 5

miles north of the City of Meadville,

Pennsylvania.

In July 1984, EPA began to investigate

the Saegertown Industrial Area Site.

Sampling confirmed the presence of

trichloroethylene (TCE) and

trichloroethane (TCA) in ground water

on the Site. Soil and sludge samples

from a pond on the Site revealed the

presence of TCE, tetrachloroethylene

(PCE), and polyaromatic hydrocarbons

(PAHs). In late 1989, four companies

signed an Administrative Order on

Consent with EPA to conduct a

Remedial Investigation/Feasibility

Study (RI/FS) for the Site. On February

21, 1990, the Site was listed on the NPL

list of Superfund Sites.

The Site was defined on the NPL as

consisting of four properties in the

industrial park: the Lord property, the

former GATX property, and the SMC

and SCI properties. The RI/FS for the

Site examined each of these four areas

separately. Based primarily on the

information collected during the RI/FS,

EPA issued a Record of Decision (ROD)

for the Saegertown Industrial Area Site

on January 29, 1993, which called for

remedial action on two areas of the

industrial park: the Lord property and

the property formerly owned by the

GATX.

On the Lord property, the RI/FS

estimated that 7,500 pounds of

chlorinated ethenes had leaked from a

sump area into the ground water. As a

result, the RI/FS estimated that 9.3

million gallons of ground water were

estimated to be contaminated with PCE,

1,2 dichloroethene, vinyl chloride and

TCE. In the January 1993 ROD for the

Site, EPA selected a remedy for the Lord

property consisting of the following

components: delineation of the ground

water plume; ground water extraction

and treatment through air stripping or

UV/oxidation; air sparging injection

wells; vapor extraction and treatment

through carbon adsorption; and longterm ground water monitoring.

Subsequent to the ROD, EPA defined

the Lord property remedy as Operable

Unit 1 (OU–1) at the Site.

On the property formerly owned by

GATX, the RI/FS estimated that 9,000

cubic yards of sludge and soil were

contaminated with volatile organic

compounds (VOCs) and PAHs in the

lagoon, sludge bed and pond area. The

remedy stated in the ROD for the former

GATX property consisted of the

following components: excavation of

contaminated sludge and soil; onsite

incineration with air pollution controls;

restoration or replacement of the pond

and wetland; and long-term ground

water monitoring. Subsequent to the

issuance of the ROD, EPA defined the

former GATX property remedy as

Operable Unit 2 (OU–2) at the Site.

The RI/FS indicated that the releases

from the SMC and the SCI properties

posed no significant threat to public

health or the environment. The ROD,

therefore, selected no action for the

SMC and SCI properties at the Site. On

September 17, 1993 SCI sold it’s

property at the Site to SMC.

EPA signed separate Consent Orders

with Lord Corporation in September

1993, and with GATX Corporation in

August 1994, for the cleanup of their

respective current and former properties

at the Site.

In 1991, Lord excavated contaminated

soil on its property. The area was

backfilled and the soil was taken for

offsite incineration. Pre-design studies

and studies of the extent of the

remaining contamination at the Lord

property began in 1994. Additional

monitoring wells were installed in the

overburden above the bedrock and in

the bedrock to delineate the extent of

ground water contamination and

investigate the geology at the Site. In

1996, Lord discovered additional soil

contamination in the ground under the

western tank farm (WTF) on its

property. Lord excavated 770 cubic

yards of soil from the area. This soil is

currently being biologically treated on

the Lord property. Lord installed a

bioventing system beneath the WTF to

treat unexcavated soil around the tank

foundations. During the spring and

summer of 1997, Lord has been

delineating the extent of ground water

contamination on the west side of

French Creek. This contamination has

impacted one private well on the west

side of the Creek. Lord has installed a

treatment system on one impacted

private well to remove contaminants of

concern at the Site. Lord is continuing

to perform additional hydrogeologic

studies on the west side of French

Creek.

Because the selected remedy for the

Lord Corporation OU–1 at the Site has

not yet been fully implemented and

completed, this portion of the Site is not

yet protective of human health and the

environment and is not being proposed

for deletion.

In March of 1995 and 1996, EPA

modified the former GATX property

remedy to allow off-site thermal

treatment of contaminated soils and

sludge and resource recovery. Off-site

disposal of the contaminated sludge and

soil began in the summer of 1995 and

was completed in the fall of 1996. Over

32,000 tons of soil and sludge were

excavated and removed from the former

GATX property for off-site thermal

treatment and resource recovery.

Analysis of samples collected from the

pond, sludge bed and lagoon areas on

the former GATX property confirmed

that the performance standard specified

by the ROD, which defines the soil
Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Proposed Rules 44621

cleanup goal, was achieved in all the

excavation areas. The excavated areas

on the former GATX property were then

backfilled with clean soil, graded back

to pre-existing contours and seeded.

EPA inspected the former GATX

property on October 10, 1996 and

approved the demobilization of the

remedial action contractor from the Site.

EPA reinspected the former GATX

property on June 4, 1997 and confirmed

that vegetation had been fully reestablished in the disturbed areas.

The ROD did not call for remedial

action on the ground water beneath the

former GATX property. Analytical

results of ground water samples taken

before the remedial action indicated that

contaminants of concern were either not

detected or were detected at

concentrations below their Safe

Drinking Water Act Maximum

Contaminant Level (MCL)

concentrations. Analysis of ground

water samples from monitoring wells on

the former GATX property has been

performed quarterly through the

remedial action and following

completion of the remedial action. The

concentrations of selected VOCs peaked

during February of 1996 with some

detections slightly in excess of

allowable MCLs. In samples taken

during quarterly monitoring in

November 1996, February 1997 and May

1997 no VOCs have exceeded their

respective allowable MCL

concentrations. Monitoring is

continuing and VOCs concentrations

appear to be declining. Most VOCs

concentrations are now below the

detection limits of the analytical

equipment.

GATX has implemented all

appropriate response actions required

under CERCLA on its former property at

the Site. With the exception of

continuing monitoring of the ground

water, no further action is required at

the former GATX property. In July 1997,

EPA approved the remedial action

certification report documenting the

completion of the cleanup of the former

GATX property in accordance with the

ROD. The remedy selected and

implemented at the former GATX

property, OU–2 of the Site, remains

protective of human health and the

environment. The former GATX

property is available for unrestricted use

and unlimited access. Due to the

continued ground water monitoring on

the former GATX property, EPA will

include this portion of the Site in the

next Five-Year Review of the Site.

In public meetings in Saegertown the

community has requested that EPA

cleanup and delete portions of the Site

as soon as possible to allow

development of the industrial park. EPA

is proposing to delete all appropriate

areas of the Site in order to foster the reuse of Deleted Properties at the Site.

EPA believes that releases from the

former GATX property, as well as the

former SCI property and the SMC

property (where no action was selected

by the ROD), may be deleted from the

Site as defined on the National Priority

List and that no further remedial

measures are necessary for the Deleted

Properties of the Site.

Dated: August 8, 1997.

Thomas Voltaggio,

Acting Regional Administrator, USEPA

Region 3.

[FR Doc. 97–22065 Filed 8–21–97; 8:45 am]

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 745

[OPPTS–62128B; FRL–5740–7]

RIN 2070–AC64

Lead; Requirements for Lead-Based

Paint Activities in Public Buildings,

Commercial Buildings, and Steel

Structures

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Announcement of meeting and

request for comments.

SUMMARY: EPA is announcing a public

meeting on September 3, 1997, in

Washington, DC to take public

comments and suggestions from a crosssection of stakeholders on the

development of training and

certification requirements and work

practice standards for individuals and

firms conducting lead-based paint

activities in public buildings (except

child-occupied facilities), commercial

buildings, and steel structures under

section 402 of the Toxic Substances

Control Act (TSCA).

DATES: The meeting will take place on

Wednesday, September, 3, 1997,

beginning promptly at 9:30 and

continuing until 5:00 p.m.

Written comments should be

submitted no later than October 3, 1997.

ADDRESSES: The meeting will take place

at the Marriott, 1221 22nd St. and M St.,

NW., Washington, DC.

Written comments may be submitted

in triplicate to: Environmental

Protection Agency, Office of Pollution

Prevention and Toxics, OPPT Docket

Clerk (7407), 401 M St., SW.,

Washington, DC 20460, and reference

the docket control number [OPPTS–

62128B]. Comments and data may also

be submitted electronically by following

the instructions under Unit V. of this

document. No Confidential Business

Information (CBI) should be submitted

through e-mail.

FOR FURTHER INFORMATION CONTACT: For

more specific or technical information

contact: Ellie Clark, National Program

Chemicals Division (7404), Office of

Pollution Prevention and Toxics,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460,

telephone: (202) 260–3402, fax: (202)

260–0770, e-mail:

clark.ellie@epamail.epa.gov.

For general information or to obtain

copies of this document contact:

National Lead Information

Clearinghouse (NLIC), 1025 Connecticut

Ave., NW., Suite 1200, Washington, DC

20036–5405 or toll free at 11–800–

LEAD–FYI (1–800–532–3394), fax: (202)

659–1192, e-mail: leadctr@nsc.org,

Internet site: http://www.nsc.org/ehc/

lead.html.

SUPPLEMENTARY INFORMATION:

I. Background

On October 28, 1992, the Residential

Lead-Based Paint Hazard Reduction Act

of 1992, Title X of the Housing and

Community Development Act of 1992,

became law. Title X amended TSCA by

adding a new Title IV, the purpose of

which is to reduce the hazards from

lead in paint and coatings used in

housing, public and commercial

buildings, and steel structures. TSCA

section 402, Lead-Based Paint Training

and Certification, directs EPA to

promulgate a final regulation to govern

the training and certification of

individuals engaged in lead-based paint

activities, accreditation of training

programs, and standards for conducting

such activities. TSCA section 404,

Authorized State Programs, provides

that any State may seek to administer

and enforce the requirements

established under TSCA sections 402

and 406. On September 2, 1994, EPA

published a proposed rule to address

TSCA sections 402(a) and 404(d) (59 FR

45672)(‘‘1994 proposal’’)(FRL–4633–9).

The 1994 proposal dealt with lead-based

paint activities in target housing, public

buildings constructed before 1978,

commercial buildings, and bridges, and

other structures and superstructures

(‘‘steel structures’’). Following

publication of the 1994 proposal, EPA

met at different times with

representatives from various State

environmental and public health

agencies and held a public hearing to

receive comment on the proposal. EPA