33182 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules 

Community Involvement 

EPA community relations staff 

conducted an active campaign to ensure 

that the residents were well informed 

about activities at the Site. Community 

relations activities included the 

following: 

• Interviews of Township officials for 

Five-Year Reviews 

• Fact Sheets 

In accordance with the requirements 

of 40 CFR 300.425(e)(4), EPA’s 

community involvement activities 

associated with this deletion will 

consist of information supporting the 

deletion docket in the local Site 

information repository and placing a 

public notice of EPA’s intent to delete 

the Site from the NPL in the Reading 

Eagle, a major, local newspaper of 

general circulation. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

Construction of the Selected Remedy 

at the Site has been completed and O&M 

has been untaken and is still ongoing in 

accordance with the EPA-approved 

O&M Plans. All RAOs, Performance 

Standards, and cleanup goals 

established in the 1988 OU1 ROD, 1991 

OU2 ROD, 1991 ESD and 2007 ESD 

have been achieved and the Selected 

Remedy is protective of human health 

and the environment. No further 

Superfund response actions, other than 

O&M, monitoring, and Five-Year 

Reviews, are necessary to protect human 

health and the environment. 

The procedures specified in 40 CFR 

300.425(e) have been followed for the 

deletion of the Site. EPA, with 

concurrence of the Commonwealth 

through PADEP, has determined that all 

appropriate response actions under 

CERCLA, have been completed. 

Therefore, EPA is deleting the Site from 

the NPL. 

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. 

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

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 

FR 2923, 3 CFR, 1987 Comp., p. 193. 

Dated: June 19, 2018. 

Cosmo Servidio, 

Regional Administrator, EPA Region III. 

[FR Doc. 2018–15245 Filed 7–16–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2000–0003; FRL–9980– 

72—Region 4] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Davis Timber Company 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 4 is issuing a 

Notice of Intent to Delete the Davis 

Timber Company Superfund Site (Site) 

located in Hattiesburg, Lamar County, 

Mississippi, 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). The EPA and 

the State of Mississippi (State), through 

the Mississippi Department of 

Environmental Quality (MDEQ), have 

determined that all appropriate 

response actions under CERCLA, other 

than operations and maintenance and 

five-year reviews, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: Comments must be received by 

August 16, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2000–0003, by one of the 

following methods: 

(1) http://www.regulations.gov. 

Follow the online instructions for 

submitting comments. Once submitted, 

comments cannot be edited or removed 

from Regulations.gov. The EPA may 

publish any comment received to its 

public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e. on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

http://www2.epa.gov/dockets/ 

commenting-epa-dockets. 

(2) Email: Scott Martin, Remedial 

Project Manager, martin.scott@epa.gov. 

(3) Mail: Scott Martin, Remedial 

Project Manager, Superfund Restoration 

and Sustainability Branch, Superfund 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street, 

SW, Atlanta, Georgia 30303–8960. 

(4) Hand delivery: USEPA Region 4, 

61 Forsyth Street SW, Atlanta, Georgia 

30303–8960. Attention: Scott Martin, 

Remedial Project Manager, Superfund 

Restoration and Sustainability Branch. 

Hours of Operation: Monday to Friday 

7:30 a.m. to 4:30 p.m. Phone: 404–562– 

8951. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–2000– 

0003. EPA 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 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 email. The 

http://www.regulations.gov website 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 email comment directly 

to EPA without going through http://

www.regulations.gov, your email 

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 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules 33183 

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: 

(1) USEPA Region 4, 61 Forsyth Street 

SW, Atlanta, Georgia 30303–8960, 

Monday–Friday 7:30 a.m.–4:30 p.m., 

Contact Tina Terrell 404–562–8835; and 

(2) Oak Grove Public Library (in the 

Reference Section) 4958 Old Highway 

11, Hattiesburg, Mississippi, 39402, 

Monday–Friday 9:00 a.m.–6:00 p.m.; 

and Saturdays 10:00 a.m. to 2:00 p.m.; 

Phone: 601–296–1620. 

FOR FURTHER INFORMATION CONTACT: 

Scott Martin, Remedial Project Manager, 

Superfund Restoration and 

Sustainability Branch, Superfund 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street SW, 

Atlanta, Georgia 30303–8960, phone 

404–562–8916, email: martin.scott@

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 EPA announces its intent to 

delete the Davis Timber Company 

Superfund Site from the NPL and 

requests public comment on this 

proposed action. The NPL constitutes 

Appendix B of 40 CFR part 300 which 

is the NCP, which the EPA promulgated 

pursuant to section 105 of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) of 1980, as amended. The 

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 40 CFR 

300.425(e)(3) of the NCP, sites deleted 

from the NPL remain eligible for Fundfinanced remedial actions if future 

conditions warrant such actions. 

The EPA will accept comments on the 

proposal to delete this site for thirty (30) 

days after publication of this document 

in the Federal Register. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that the EPA is using for this action. 

Section IV discusses the Davis Timber 

Superfund Site and demonstrates how it 

meets the deletion criteria. 

II. NPL Deletion Criteria 

The NCP establishes the criteria that 

the EPA uses to delete sites from the 

NPL. 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), the 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. 

Pursuant to CERCLA section 121(c) 

and the NCP, the EPA conducts fiveyear reviews (FYRs) to ensure the 

continued protectiveness of remedial 

actions where hazardous substances, 

pollutants, or contaminants remain at a 

site above levels that allow for 

unlimited use and unrestricted 

exposure. The EPA conducts such FYRs 

even if a site is deleted from the NPL. 

The EPA may initiate further action to 

ensure continued protectiveness at a 

deleted site if new information becomes 

available that indicates it is appropriate. 

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 hazard 

ranking system. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) The EPA consulted with the State 

before developing this Notice of Intent 

to Delete. 

(2) The EPA has provided the State 30 

working days for review of this notice 

prior to publication of it today. 

(3) In accordance with the criteria 

discussed above, the EPA has 

determined that no further response is 

appropriate. 

(4) The State, through the MDEQ, has 

concurred with deletion of the Site from 

the NPL. 

(5) Concurrently with the publication 

of this Notice of Intent to Delete in the 

Federal Register, a notice is being 

published in a major local newspaper, 

Hattiesburg American. The newspaper 

notice announces the 30-day public 

comment period concerning the Notice 

of Intent to Delete the site from the NPL. 

(6) 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. 

If comments are received within the 

30-day public comment period on this 

document, the EPA will evaluate and 

respond appropriately to the comments 

before making a final decision to delete. 

If necessary, the EPA will prepare a 

responsiveness summary to address any 

significant public comments received. 

After the public comment period, if the 

EPA determines it is still appropriate to 

delete the Site, the Regional 

Administrator will publish a final 

Notice of Deletion in the Federal 

Register. Public notices, public 

submissions and copies of the 

responsiveness summary, if prepared, 

will be made available to interested 

parties and in the site’s information 

repositories listed above. 

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 the EPA’s right to take 

enforcement actions, as appropriate. 

The NPL is designed primarily for 

informational purposes and to assist the 

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 

the EPA’s rationale for deleting the Site 

from the NPL. 

Site Background and History 

The Davis Timber Company Site is 

located at 107 Jackson Road, 

approximately 6 miles northwest of 

Hattiesburg, in Lamar County, 

Mississippi. The Davis Timber 

Company produced treated pine poles, 

pilings, and timber at the Site from 1972 

to 1987. Operations at the Site included 

bark removal, treatment of wood with 

pentachlorophenol (PCP), and product 

storage. The Site is approximately 30 

acres and was comprised of a scragg 

mill, debarker, pole peeler, office and 

shop, treatment cylinder, cooling pond, 

oil storage tank, two aboveground PCPsolution storage tanks, a storage yard, 

and a large former PCP and waste bark 

Impoundment (Impoundment). 

Surface soil on the Site consists of a 

very thin layer of sandy clay, which 

overlies a very thick clay unit, the 

Hattiesburg formation, that inhibits 


daltland on DSKBBV9HB2PROD with PROPOSALS
33184 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules 

vertical migration of precipitation. 

Surface water runoff from the property 

flows into two intermittent tributaries of 

Mineral Creek: East Mineral Creek and 

West Mineral Creek. Mineral Creek 

flows northeast into Country Club 

Estates Lake, a 66-acre lake located 

approximately 1.25 miles downstream 

of the Site. Country Club Estates Lake is 

a recreational fishery and designated 

recreation area. Wastewater from Site 

operations containing PCP, dioxin and 

furan compounds, was discharged into 

the Impoundment. In 1980, the 

Impoundment was backfilled and 

capped by the property owner with 

approximately 6 to 8 inches of clay. 

Between December 1974 and January 

1987, the MDEQ documented six fish 

kills in Country Club Estates Lake. 

Several of the fish kills were attributed 

to documented releases of PCP from the 

Impoundment. In 1987, MDEQ ordered 

Davis Timber Company to discontinue 

wood preserving operations. According 

to MDEQ, Davis Timber Company 

subsequently declared bankruptcy in 

1990. Since 1987, Mississippi officials 

collected fish from Country Club Estates 

Lake seven times and analyzed the fish 

tissue for dioxin compounds. In 1989, 

after obtaining the first set of fish tissue 

data, MDEQ issued an advisory against 

both commercial fishing and 

consumption of fish caught in Country 

Club Estates Lake due to the high levels 

of dioxin compounds in the fish tissue. 

In 1989, the Agency for Toxic 

Substances and Disease Registry 

(ATSDR) was petitioned by the MDEQ 

to conduct a public health assessment at 

Country Club Estates Lake on behalf of 

the residents of Country Club Estates. In 

that public health assessment, released 

in January 1993, ATSDR classified 

Country Club Estates Lake as a public 

health hazard because of concentrations 

of PCP and chlorinated dibenzodioxins 

(dioxins) and dibenzofurans (furans) 

detected in the Lake. In July 2000, 

MDEQ collected fish from Country Club 

Estates Lake. According to these 

sampling results, dioxin levels in fish 

from Country Club Estates Lake 

declined below 5 pg/g, which is 

Mississippi’s lower limit for issuing 

consumption advisories for dioxin. In 

June 2001, Mississippi officials lifted 

the ban on consumption of fish caught 

near the Site because dioxin levels in 

fish showed a significant decrease over 

a 10-year period. 

The Site was proposed as a NPL Site 

on May 11, 2000 (65 FR 30489). It was 

finalized as a NPL Site in July 2000 (65 

FR 46096). The EPA’s Identification 

Number is MSD046497012. 

Remedial Investigation and Feasibility 

Study (RI/FS) 

The Remedial Investigation (RI) was 

conducted by the EPA Region 4 Science 

and Ecosystem Support Division (SESD) 

between May 2000 and September 2001. 

During this period, SESD collected 30 

subsurface soil samples, 6 groundwater 

samples, 51 sediment samples, 11 

surface water samples, 27 surface soil 

samples, and multiple fish tissue 

samples (individual and composite). 

The Site was divided into 49 grids 

measuring 200-ft by 200-ft except in the 

central-northern portion of the Site, 

which was divided into 100-ft by 100- 

ft grids. A 3 to 5-point composite 

surface sample was collected from each 

grid and a subsurface sample was 

collected from the center of each grid at 

a depth of 18 to 24 inches. 

Contamination was delineated based 

on those constituents detected at 

concentrations exceeding the EPA 

Region 9 Preliminary Remediation Goals 

(PRGs) and/or Federal Maximum 

Contaminant Levels (MCLs) for surface 

water and groundwater; or human 

health risk-based Region 4 PRGs (e.g., 

for dioxins/furans in soil and sediment). 

Risk-based remediation goals derived 

from Site-specific data are identified by 

the Human Health Risk Assessment 

(HHRA) for residential, industrial and 

recreational receptors and the ecological 

risk assessment. Arsenic, aluminum, 

thallium, and iron are identified in soil 

as chemicals of potential concern 

(COPCs) assuming residential use of the 

property in the RI; however, they were 

not Chemicals of Concern (COCs) when 

considering the property will likely be 

utilized for a recreational future land 

use, not residential purposes. As a 

result, COCs for the Site are limited to 

PCP and dioxin/furans. 

Appreciable quantities of 

groundwater have not been observed at 

the Site. Of the four permanent 

monitoring wells installed outside the 

Impoundment area, only one produced 

an adequate quantity of water to collect 

a groundwater sample. No Volatile 

Organic Compounds (VOCs), PCP, or 

Polycyclic Aromatic Hydrocarbons 

(PAHs) were detected in the 

groundwater sample collected from this 

well outside the Impoundment area. 

Temporary monitoring wells were 

installed and sampled in the initial field 

investigation. After evaluation of 

historical aerial photographs, it is 

believed these temporary monitoring 

wells were installed within the footprint 

of the Impoundment and the fluid 

sampled was not groundwater but fluid 

remaining within the Impoundment. 

The four permanent monitoring wells 

have been properly abandoned. The 

groundwater was not a pathway of 

contaminant migration, and a 

groundwater response action was not 

required. 

Selected Remedy 

The site is comprised of one Operable 

Unit (OU). The Record of Decision 

(ROD) for the Davis Timber Site was 

signed on September 24, 2009 following 

consideration of public comment on the 

proposed plan. The Site’s ROD 

identified the following Remedial 

Action Objectives (RAOs): 

i. Reduce or eliminate human 

exposure to contaminated surface and 

subsurface soil; 

ii. Reduce human exposure to 

contaminated surface water; and 

iii. Reduce exposure of ecological 

receptors to contaminated surface soil 

and sediment. 

The remedial action specified for this 

site has been deemed necessary by the 

EPA to protect public health, welfare, 

and the environment from actual or 

threatened releases of hazardous 

substances from this site into the 

environment. The remedial actions 

chosen for the Site are summarized as 

follows: 

(1) Extract the liquid from the closed 

Impoundment, and treat the liquid to 

remove the dissolved contamination 

and discharge the clean water to West 

Mineral Creek; 

(2) Move a 500 to 1,000-foot portion 

of West Mineral Creek (immediately 

adjacent to the Impoundment area) 

approximately 200 feet west of its 

current location; 

(3) Construct an earthen retaining 

wall or berm structure along the western 

boundary of the Impoundment between 

it and the relocated portion of West 

Mineral Creek; 

(4) Excavate and move contaminated 

soil into the Impoundment area; 

(5) Dredge contaminated sediment 

from the creeks, ponds, and wetlands, 

and remove excess water and move into 

the Impoundment area; 

(6) Construct a cap over the 

Impoundment area (designed with a 

stabilizing sub-cap); 

(7) Backfill excavated and dredged 

locations with clean borrow material; 

(8) Implement land-use/deed 

restrictions to limit construction over 

the capped Impoundment and 

contaminated soil areas; 

(9) Grade and prepare the site for 

optimal storm water drainage control; 

and 

(10) Establish and implement a longterm monitoring program to assess the 

effectiveness of the remedial action. 


daltland on DSKBBV9HB2PROD with PROPOSALS
Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules 33185 

Response Actions 

Remedial action physical construction 

activities began during October 2011 

following receipt of remedial action 

funding through the President’s Jobs 

Initiative Program. Remedial action 

construction services were procured 

through the existing Region 4 

Emergency Response and Removal 

Services (ERRS) contract. 

Construction activities were 

completed in August 2012, and 

included the following: 

(1) Site clearing and demolition of onsite structures; 

(2) Installation of the Impoundment 

liquid extraction and treatment system 

(this system treated approximately 

539,000 gallons of liquid); 

(3) West Mineral Creek Relocation 

(relocated approximately 1,046 linear 

feet of creek approximately 200 feet 

west of its current location); 

(4) Impoundment berm construction; 

(5) Cooling pond and areas of surface 

soil contamination excavation 

(excavated approximately 3,060 cubic 

yards); 

(6) East Mineral Creek Excavation 

(approximately 525 linear feet and 101 

cubic yards of soil); 

(7) Impoundment cap construction; 

and 

(8) Final grading and vegetation. 

The selected remedy required 

Institutional Controls (land use or deed 

restrictions) to control and limit on-site 

activities to preserve the integrity of the 

capped Impoundment and all 

components of the engineered 

containment system. Site use is 

restricted to activities compatible with 

the future anticipated recreational land 

use. 

The Site parcel has an environmental 

covenant which does not allow 

residential use and restricts excavation 

before meeting notification 

requirements of Mississippi’s One Call 

law. 

Cleanup Levels 

The RA successfully achieved 

compliance with the defined 

performance standards documented in 

the ROD and the RD. 

Impoundment Water Extraction and 

Treatment 

The water extraction and treatment 

system removed and treated 539,454 

gallons of contaminated water from the 

closed Impoundment. Approximately 77 

percent of the water was removed from 

the Impoundment. The remedial design 

established performance standards for 

the treatment system discharge to West 

Mineral Creek as the Mississippi Water 

Quality Criteria for Intrastate, Interstate 

and Coastal Waters. These standards 

comply with the requirements of a 

Mississippi National Pollutant 

Discharge Elimination System (NPDES) 

permit. Operation of the treatment 

system continued until May 30, 2012, 

when diminishing recovery volumes 

and water levels indicated the practical 

limit of dewatering had been reached. 

Soil 

The remedial design specified 

excavation of contaminated soil from 

two areas of the Site: 

(1) Within the footprint of the former 

cooling pond; and 

(2) Within the delineated area of 

surface soil contamination surrounding 

the former cooling pond and process 

area. 

Two additional areas of contaminated 

soil were discovered during the 

remedial action and were also 

excavated: 

(1) Beneath the former maintenance 

building; and 

(2) Beneath the location of the former 

treatment cylinder. 

Contaminated soil in these additional 

soil areas were excavated and disposed 

of in the Impoundment area until the 

visible extent of contamination was 

removed and vapor screening indicated 

total organic vapors of less than 10 parts 

per million. 

Post-excavation subsurface soil 

samples collected from the base of the 

cooling pond excavation and the surface 

soil excavation were analyzed for 

dioxins, furans and PCP. The 2013 

Remedial Action Report summarized 

the sampling results as follows: 

(1) Three composite subsurface soil 

samples were collected from the base of 

the cooling pond excavation and 

compared to the dioxin Toxic 

Equivalency Quotient (TEQ) cleanup 

level of 5 mg/kg. All three sample results 

were below the cleanup level, ranging 

from 0.088 to 0.40 mg/kg. 

(2) Five composite subsurface soil 

samples and one duplicate sample were 

collected from the bottom of the surface 

soil excavation area. All of the sample 

results were below the dioxin TEQ 

cleanup goal of 5 m g/kg. 

Sediment 

Prior to excavation, the EPA 

contractor collected additional sediment 

samples from East Mineral Creek and 

analyzed for dioxins and furans. All 

results were below the cleanup goal for 

dioxin TEQs. Contaminated sediment 

was excavated from three areas of East 

Mineral Creek that had shown the 

highest concentrations during the RI. A 

total of 101 cubic yards of sediment was 

removed and disposed of in the closed 

Impoundment area. Three postexcavation sediment samples and one 

duplicate sample were collected from 

the creek to confirm that cleanup goals 

were achieved. Dioxin TEQ results were 

below the ROD cleanup level of 1.9 mg/ 

kg for all samples, with values ranging 

from 0.21 to 0.73 mg/kg. All samples 

collected during the RI were below the 

sediment cleanup goal for PCP except 

for one (8,200 mg/kg, performance 

standard 7,600 mg/kg). 

Groundwater 

No appreciable quantities of 

groundwater have been observed at the 

Site. Of the four permanent monitoring 

wells installed outside the 

Impoundment area, only one produced 

an adequate quantity of water to collect 

a groundwater sample. No volatile 

organic compounds (VOCs), PCP, or 

polycyclic aromatic hydrocarbons 

(PAHs) were detected in the 

groundwater sample collected from this 

well outside the Impoundment area. 

Post-excavation soil sampling 

performed by Onedia Total Integrated 

Enterprise (OTIE) confirmed that soil 

and sediment cleanup levels were 

achieved. All work performed by WRS 

Compass (WRSC) during the RA was 

conducted in accordance with the RD 

specifications, unless otherwise 

documented and approved by the EPA 

Remedial Project Manager (RPM). The 

EPA had a representative on-site for 

much of the RA construction who, in 

conjunction with the OTIE 

representative, ensured that the remedy 

was constructed in accordance with the 

RD specifications and that the 

construction quality control 

requirements of the specifications were 

strictly adhered to. 

Operations and Maintenance 

The responsibility for operations and 

maintenance (O&M) was transferred to 

the State on October 20, 2014. Future 

O&M activities at the site are expected 

to be limited to mowing, inspections, 

and FYRs. Periodic inspections will 

need to be implemented to ensure the 

Impoundment cap and berm retain their 

integrity, and to ensure that stormwater 

and sediment controls, the West Mineral 

Creek channel, and revegetated areas 

operate as intended. 

Five-Year Review 

The purpose of a the FYR is to 

evaluate the implementation and 

performance of a remedy to determine if 

the remedy is and will continue to be 

protective of human health and the 

environment. In addition, FYR reports 

identify issues found during the review, 


daltland on DSKBBV9HB2PROD with PROPOSALS
33186 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Proposed Rules 

if any, and document recommendations 

to address them. The first FYR was 

conducted in December 2016. 

The FYR was conducted pursuant to 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA) section 121, consistent 

with the NCP (40 CFR 300.430(f)(4)(ii)), 

and considering the EPA policy. The 

triggering action for this statutory 

review is the on-site construction start 

date of the remedial action. The FYR 

has been prepared because hazardous 

substances, pollutants or contaminants 

remain at the Site above levels that 

allow for unlimited use and unrestricted 

exposure (UU/UE). 

The Site consists of one operable unit 

(OU1), and OU1 consisted of all 

contaminated media, which includes 

soil and sediment, associated with the 

Site. 

The FYR concluded that the remedy 

at OU1 currently protects human health 

and the environment because there are 

no completed exposure pathways; 

contaminated soil and sediment were 

excavated and capped, and 

Impoundment water was treated and 

discharged. The FYR had no issues or 

recommendations. The next FYR will be 

conducted in 2021. 

Community Involvement 

Throughout the removal and remedial 

process, the EPA has kept the public 

informed of the activities being 

conducted at the Site by way of public 

meetings, progress fact sheets, and the 

announcement through local newspaper 

advertisement on the availability of 

documents related to the site and FYRs. 

The notice of the availability of the 

Administrative Record and an 

announcement of the Proposed Plan for 

a public meeting was published in the 

Hattiesburg American newspaper on 

July 15, 2009. A public comment period 

was held from July 15, 2009, to August 

14, 2009. The Proposed Plan was 

presented to the community during a 

public meeting on August 10 at the 

Breland Community Center, 79 Jackson 

Road, Hattiesburg, MS 39402. At this 

meeting, representatives from the EPA 

and MDEQ answered questions from the 

community concerning the proposed 

remedy and the remedial alternatives 

that were evaluated. The Administrative 

Record file was available to the public 

and was placed in the information 

repository maintained at the EPA 

Region 4 Superfund Record Center and 

at the Oak Grove Public Library (in the 

Reference Section) 4958 Old Highway 

11, Hattiesburg, Mississippi, 39402. 

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 the EPA relied on for 

recommendation of the deletion from 

the NPL, are available to the public in 

the information repositories identified 

above. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The EPA has followed the procedures 

required by 40 CFR 300.425(e) as 

mentioned above and the implemented 

remedy achieves the degree of cleanup 

specified in the ROD for all pathways of 

exposure. Specifically, post-excavation 

soil sampling performed by OTIE 

confirmed that soil and sediment 

cleanup levels were achieved. These 

results verify that the Site has achieved 

the ROD cleanup standards, and that all 

cleanup actions specified in the ROD 

have been implemented. All selected 

remedial and removal action objectives 

and associated cleanup levels are 

consistent with agency policy and 

guidance. This Site meets all the site 

completion requirements as specified in 

Office of Solid Waste and Emergency 

Response (OSWER) Directive 9320.22, 

Close-Out Procedures for National 

Priorities List Sites. No further 

Superfund response is needed to protect 

human health and the environment. 

The EPA, with concurrence of the 

State through MDEQ, has determined 

that all appropriate response actions 

under CERCLA have been completed. 

Therefore, the EPA is proposing to 

delete the Site from the NPL. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

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

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 

3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 

FR 2923, 3 CFR, 1987 Comp., p. 193. 

Dated: July 3, 2018. 

Onis ‘‘Trey’’ Glenn, III, 

Regional Administrator, Region 4. 

[FR Doc. 2018–15243 Filed 7–16–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0011; FRL–9980– 

58—Region 3] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Recticon/Allied Steel Superfund 

Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; notice of intent. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region III is issuing a 

Notice of Intent to Delete the Recticon/ 

Allied Steel Superfund Site (Site) 

located in East Coventry Township, 

Chester County, Pennsylvania, from the 

National Priorities List (NPL) and 

requests public comments on this 

proposed action. 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). The EPA and 

the Commonwealth of Pennsylvania (the 

Commonwealth), through the 

Pennsylvania Department of 

Environmental Protection (PADEP), 

have determined that all appropriate 

response actions under CERCLA have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: Comments must be received by 

August 16, 2018. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1989–0011, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. Once submitted, comments 

cannot be edited or removed from 

Regulations.gov. The EPA may publish 

any comment received to its public 

docket. Do not submit electronically any 

information you consider to be 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 


daltland on DSKBBV9HB2PROD with PROPOSALS