[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Proposed Rules]
[Pages 5949-5950]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2993]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5685-5]


National Oil and Hazardous Substances Pollution Contingency Plan 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of intent to delete the Sealand, Limited Site from the 
National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 3 announces 
its intent to delete the Sealand, Limited 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 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 poses no significant 
threat to public health or the environment, as defined by CERCLA, and, 
therefore, further remedial measures pursuant to CERCLA are not 
appropriate.

DATES: Comments concerning this Site may be submitted on or before 
March 12, 1997.

ADDRESSES: Comments may be submitted to Lesley Brunker, Remedial 
Project Manager, 3HW23, Environmental Protection Agency Region 3, 841 
Chestnut Building, Philadelphia, Pennsylvania, 19107, (215) 566-3239.
    Comprehensive information on this Site is available for viewing at 
the Site information repositories at the following locations: U.S. EPA 
Region 3, Hazardous Waste Technical Information Center, 841 Chestnut 
Building, Philadelphia, PA, 19107, (215) 566-5363 Appoquinimink Public 
Library, 118 Silver Lake Road, Middletown, DE 19709, (302) 378-5290.

FOR FURTHER INFORMATION CONTACT: Lesley Brunker (3HW23), EPA Region 3, 
841 Chestnut Building, Philadelphia, PA, 19107, (215) 566-3239.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The Environmental Protection Agency (EPA) Region 3 announces its 
intent to delete the Sealand, Limited Site located in Mount Pleasant, 
New Castle County, Delaware 19709 from the National Priorities List 
(NPL), Appendix B of the National Oil and Hazardous Substances 
Pollution Contingency Plan (NCP), 40 CFR Part 300, and requests 
comments on this deletion. EPA identifies sites that appear to present 
a significant risk to public health, welfare, or the environment and 
maintains the NPL as the list of these sites. As described in 
Sec. 300.425(e)(3) of the NCP, sites deleted from the NPL remain 
eligible for remedial actions in the unlikely event that conditions at 
the site warrant such action.
    EPA will accept comments on the proposal to delete this Site for 
thirty days after publication of this notice in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses the procedures that EPA is using 
for this action. Section IV discusses the Sealand, Limited Site and 
explains how the Site meets the deletion criteria.

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 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.
    Sites may not be deleted from the NPL until the state in which the 
site is located has concurred on 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.
    Pursuant to the NCP, 40 CFR 300.425(e)(3), all sites deleted from 
the NPL are eligible for further Fund-financed remedial action should 
future conditions warrant such action. When 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.

III. Deletion Procedures

    Section 300.425(e)(4) of the NCP sets forth requirements for site 
deletions to assure public involvement in the decision. During the 
proposal to delete a site from the NPL, EPA is required to conduct the 
following activities:
    (i) Publish a notice of intent to delete 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 to 
delete in a major local newspaper of general circulation at or near the 
site that is proposed for deletion;
    (iii) Place copies of information supporting the proposed deletion 
in the information repository at or near the site proposed for 
deletion; and,

[[Page 5950]]

    (iv) Respond to each significant comment and any significant new 
data submitted during the comment period in a Responsiveness Summary.
    If appropriate after consideration of comments received during the 
public comment period, EPA then publishes a notice of deletion in the 
Federal Register and places the final deletion package, including the 
Responsiveness Summary, in the Site repositories.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. As stated in Section II 
of this Notice, Section 300.425(e)(3) of the NCP provides that the 
deletion of a site from the NPL does not preclude eligibility for 
future response actions.

IV. Basis for Intended Site Deletion

    The following site summary provides EPA's rationale for the 
proposal to delete the Sealand, Limited Site from the NPL.
    The Site is a former waste oil recycling facility operated between 
August of 1982 until August of 1983 by Sealand, Limited, Incorporated 
(Inc.). It is located in Mt. Pleasant, Delaware, approximately two 
miles south of the Chesapeake and Delaware Canal and several hundred 
feet east of the intersection of Routes 896 and 71/301. Land use in the 
area surrounding the site is a mix of residential and industrial. The 
Site is bordered on the west by an active Conrail spur, to the south by 
Route 71/301, and to the north and east by a 15-acre parcel of land 
owned by Tilcon Minerals, Inc.
    During its operation, Sealand, Limited accepted a variety of waste 
oil products for treatment and recycling. The facility was abandoned in 
August of 1983. Twenty-one steel tanks or hoppers, one 10,000 gallon 
wooden storage tank, approximately 300 55-gallon drums, and various 
mixing chambers and pressure vessels were left onsite. An inspection by 
the Delaware Department of Natural Resources and Environmental Control 
(DNREC) revealed that the wooden storage tank and numerous 55-gallon 
drums were leaking hazardous substances onto the ground.
    In response, EPA initiated an emergency removal action in December 
of 1983. During this action, all of the drums were removed from this 
site, as was all of the liquid contained in the various tanks, which 
were cleaned and left near the Site. The process area was capped with 
one foot of clay and six inches of topsoil.
    In December of 1988, EPA and 14 Potentially Responsible Parties 
(PRPs) entered into an Administrative Order on Consent to conduct a 
Remedial Investigation/Feasibility Study (RI/FS) at the Site. During 
the Remedial Investigation, both ground water and the soil beneath and 
near the capped area were sampled. Low levels of volatile organic 
compounds and some semivolatile compounds were found in the soil 
beneath the cap. Metals were found in Site soil at levels generally 
consistent with background levels. Neither volatile nor semivolatile 
compounds were found at significant concentrations in the ground water. 
One onsite well contained elevated levels of metals, particularly 
nickel; however, there was no clear correlation between the Site and 
the metals.
    During the Risk Assessment, ground water was not considered a 
potential contaminant exposure pathway. The most likely exposure 
scenarios included children who could be exposed to shallow soil while 
trespassing on the Site, and workers who could be exposed to subsurface 
soil during construction activities. The Risk Assessment assumed that 
the Site, which is zoned for industrial use and is bordered by an 
active Conrail freight line and a paving company, would not be rezoned 
for residential use. Given this assumption, the risks associated with 
the two most likely exposure scenarios were below the lower boundary of 
the acceptable risk range. It was determined that the Site did not pose 
a threat to human health or the environment, and the Region issued a 
Record of Decision (ROD) calling for no further action in September of 
1991.
    During the preparation of the ROD, DNREC expressed concern about 
the proposed remedy. They believed that the contaminants which would be 
left in place beneath the cap could pose a future threat to ground 
water. In response to this concern, EPA included in the selected remedy 
a review of the site five years after the signing of the ROD, even 
though a five year review would not ordinarily be required for this 
type of remedy. Furthermore, EPA acknowledged in the ROD that although 
Federal law did not require action at the site, the State was still 
free to act under its own laws. Nonetheless, DNREC did not concur with 
the ROD.
    Subsequent to the signing of the ROD, DNREC took action pursuant to 
the authority of 7 Del. C., Chapter 91, the Delaware Hazardous 
Substance Cleanup Act (HSCA). HSCA was not considered an Applicable or 
Relevant and Appropriate Requirement (ARAR) during the remedy selection 
process, as ARARs are not considered in a no action decision. DNREC 
required the PRPs to install additional monitoring wells and to 
resample the ground water. The results of the sampling showed no 
organic contamination in the wells. However, some metals, including 
nickel, were present at elevated levels in some wells. There was no 
clear pattern to the wells containing metals; one is apparently 
upgradient of the contaminated soil, and adjacent to the active Conrail 
tracks.
    Using this information, DNREC issued a Proposed Plan of Remedial 
Action in October of 1995. The proposed remedial action included five 
years of continued ground water monitoring, as well as deed 
restrictions to ensure that the property's zoning does not change from 
industrial to residential. This plan has since been finalized, and 
DNREC is negotiating with the PRPs to conduct this work.
    Based on the information presented above, EPA has determined that 
the Site does not pose a significant threat to human health or the 
environment and that no further action, consistent with CERCLA, is 
required. Thus, the required NPL deletion criteria presented in Section 
II, above, have been met. DNREC has concurred on this determination. 
Correspondence documenting this concurrence is included in the Site 
repositories.
    The ROD stated that EPA would conduct a review of the Site five 
years after the signing of the ROD to reevaluate Site conditions. The 
evaluation was completed in September of 1996, and concluded that the 
remedy selected in the ROD remained protective of human health and the 
environment and that no further action, and no additional site reviews, 
will be necessary, particularly in light of DNREC's planned actions.
    EPA, with the concurrence of DNREC, believes that the criteria for 
deletion of the Site have been met. Therefore, EPA is proposing 
deletion of the Site from the NPL. Documents supporting this action are 
available in the Site repositories described above.

    Dated: January 15, 1997.
Stanley L. Laskowski,
Acting Regional Administrator, EPA Region 3.
[FR Doc. 97-2993 Filed 2-7-97; 8:45 am]
BILLING CODE 6560-50-P