[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Proposed Rules]
[Pages 33186-33191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15244]


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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.

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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:
    <bullet> 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

[[Page 33187]]

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.
    <bullet> Email: <a href="/cdn-cgi/l/email-protection#264e475555084748425443516643564708414950"><span class="__cf_email__" data-cfemail="a7cfc6d4d489c6c9c3d5c2d0e7c2d7c689c0c8d1">[email protected]</span></a>
    <bullet> Mail: USEPA Region III, 1650 Arch Street, Mail Code: 
3HS21; Philadelphia, PA. 19103.
    <bullet> Hand delivery: USEPA Region III, 1650 Arch Street, 
Philadelphia, PA 19103. 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-
1989-0011 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 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 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:

USEPA Region III Administrative Records Room, 1650 Arch Street--6th 
Floor, Philadelphia, PA 19103-2029, 215-814-3157, Business Hours: 
Monday through Friday, 8:00am-4:30pm; by appointment only Local 
Repository
East Coventry Township Municipal Building, 855 Ellis Woods Road, 
Pottstown, PA 19464, 610-495-5443, Call for Business Hours

FOR FURTHER INFORMATION CONTACT: Andrew Hass, Remedial Project Manager, 
U.S. Environmental Protection Agency, Region 3, 3HS21 1650 Arch Street 
Philadelphia, PA 19103, (215) 814-2049, email: <a href="/cdn-cgi/l/email-protection#4921283a3a6728272d3b2c3e092c3928672e263f"><span class="__cf_email__" data-cfemail="f29a938181dc939c96809785b2978293dc959d84">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Table of Contents

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

I. Introduction

    EPA Region III announces its intent to delete the Recticon/Allied 
Steel Superfund 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 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 40 CFR 
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.
    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 EPA is using 
for this action. Section IV discusses the Recticon/Allied Steel 
Superfund Site and demonstrates how it meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that 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), EPA will consider, in 
consultation with the Commonwealth, 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, EPA conducts Five-
Year Reviews 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. Five-Year Reviews are no longer required at this Site; 
however, 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) EPA consulted with the Commonwealth before developing this 
Notice of Intent to Delete.
    (2) EPA has provided the Commonwealth 30 working days for review of 
this notice prior to publication of it today
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate;
    (4) The Commonwealth of Pennsylvania, through the Pennsylvania 
Department of Environmental Protection (PADEP), 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, the Pottstown Mercury. The newspaper notice announces 
the 30-day public comment period concerning the Notice of Intent to 
Delete the Site from the NPL.

[[Page 33188]]

    (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, EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. If necessary, EPA 
will prepare a Responsiveness Summary to address any significant public 
comments received. After the public comment period, if 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 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 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

    EPA proposed the Recticon/Allied Steel Superfund Site (Site) 
(CERCLIS ID PAD002353969) to the NPL on June 24, 1988 (53 FR 23988) and 
added the Site as final on the NPL on October 4, 1989 (54 FR 41000). 
The Site is located at the intersection of State Route 724 and Wells 
Road in East Coventry Township, PA and is approximately 8 miles 
northwest of Phoenixville, PA and 3.2 miles southeast of Pottstown, PA. 
The 5-acre Recticon/Allied Steel Site consists of two properties, the 
former Allied Steel Products Corporation facility and the former 
Recticon facility.
    From 1972-1988, Allied Steel Products Corporation (Allied) began 
fabrication of various steel products on a property located on the 
eastern corner of the intersection. Recticon was a subsidiary of 
Rockwell International and manufactured silicon wafers for the 
electronics industry from 1974 to 1981 on the western corner of the 
intersection. In 1979, the Pennsylvania Department of Environmental 
Resources (PADER), now known as the Pennsylvania Department of 
Environmental Protection (PADEP), detected trichloroethylene (TCE) in 
the groundwater beneath the Site. In 1980, a contractor determined that 
leakage in the area of Allied's compressor room had released TCE onto 
the ground. High levels of TCE were found in Allied's on-site well. In 
addition, sediment samples taken from the drainage ditch alongside the 
Allied building yielded high levels of copper and zinc, well above 
ecological risk levels.
    The Commonwealth of Pennsylvania and Recticon entered into a 
Consent Order in 1981 to undertake initial cleanup actions at the Site. 
Recticon, under PADER oversight, removed contaminated soils from the 
Site and transported them to an EPA-approved facility for disposal. 
Recticon also pumped and treated some of the groundwater beneath the 
Site for a few months. Under PADER oversight, Allied Steel also 
excavated contaminated soil and shipped it off-site for proper 
disposal. In 1990, EPA entered into two Consent Orders with Rockwell 
International, the former parent company of Recticon, to provide 
residential well filters to nearby residents and to conduct the 
Remedial Investigation/Feasibility Study (RI/FS).

Remedial Investigation and Feasibility Study (RI/FS)

    The RI/FS was conducted from January 1991 through May 1993 and 
determined that soil, sediment, and groundwater were impacted by 
volatile organic compounds (VOCs) and metals from the historic 
operation of the Allied and Recticon facilities.

Selected Remedy

    The Selected Remedy for the Site was documented in a June 30, 1993 
Record of Decision (ROD) and modified in an August 29, 1997 ROD 
Amendment; a September 10, 2004 Explanation of Significant Differences 
(ESD); and a May 26, 2010 ESD. The following sections discuss the 
components of the Selected Remedy and details on implementation.
1993 Record of Decision
    The Remedial Action Objectives (RAOs) for the Site as established 
in the 1993 ROD were as follows:
    1. Prevent human exposure to contaminants in the groundwater.
    2. Restore contaminated groundwater to its beneficial use and to 
background concentrations, if technically practicable, or Maximum 
Contaminant Levels (MCLs), whichever is more stringent.
    3. Protect uncontaminated groundwater and surface water for current 
and future use, and environmental receptors.
    After the 1993 ROD was finalized, EPA divided the Site remedial 
work into three operable units (OUs) to facilitate management of the 
remedial process.

<bullet> Operable Unit 1 (OU1)--Water Line
<bullet> Operable Unit 2 (OU2)--Soil
<bullet> Operable Unit 3 (OU3)--Groundwater
OU1--Water Line
    The Selected Remedy for OU1 in the 1993 ROD consisted of the 
installation of a public water supply to East Coventry Township to 14 
residences and businesses.
OU2--Soil
    The Selected Remedy for OU2 in the 1993 ROD consisted of the 
excavation and off-site disposal of contaminated soils. The soil 
cleanup levels in the 1993 ROD were based on the amount of 
contamination that could remain in the soil without further 
contributing to groundwater contamination above ``background'' 
concentrations.
    The 1997 ROD Amendment changed the cleanup levels for Site 
contaminants of concern (COCs) in groundwater from ``background'' 
concentrations to MCLs. This change was based on the Commonwealth of 
Pennsylvania's enactment of the Land Recycling and Environmental 
Remediation Standards Act (Act 2) on May 19, 1995, 35 Pa. Stat. Sec.  
6026.101 et seq., which established MCLs as the protective groundwater 
cleanup levels. As a result of the change in groundwater cleanup levels 
to MCLs, a new soil cleanup level was calculated for the proposed soil 
excavation response at the Site. Site-specific modeling was used to 
determine the maximum concentration of TCE that could be in the soil 
and not cause leaching into the groundwater above the MCL. The modeling 
resulted in a cleanup level of 1,600 [micro]g/kg of TCE in soil. It was 
determined that additional soil excavation was no longer necessary 
because the concentrations of contaminants in the soil after the 
initial response action were below this cleanup level.
    The 1997 ROD Amendment also required that institutional controls be 
implemented to prohibit soil excavation on the Recticon property that 
could result in exposure to contaminated soil via direct contact and to 
prohibit any new wells on Site until the groundwater cleanup levels are 
met.

[[Page 33189]]

    The 2004 ESD eliminated the requirement for institutional controls 
to prohibit direct contact with the soil on the Recticon property. The 
ESD identified PADEP Act 2 Media Specific Concentrations (MSCs) for TCE 
for direct contact with soils as the cleanup level that would need to 
be exceeded for new institutional controls to be necessary. No TCE was 
detected in soil at the Site exceeding the PADEP Act 2 MSC for direct 
contact.
    The ESD also eliminated the requirement to prohibit the 
construction of new groundwater wells at the Site.
OU3--Groundwater
    The Selected Remedy for OU3 initially consisted of extraction and 
treatment of groundwater with discharge to the Schuylkill River 
following a pre-design hydrogeologic investigation and well 
abandonment. In accordance with the 1993 ROD, a comprehensive pre-
design study of the groundwater at the Site was conducted to further 
define the outer boundaries of the groundwater plume and the hydraulic 
properties within the aquifer. Based on the findings of this study, a 
groundwater recovery system for contaminated groundwater was designed. 
The groundwater recovery system consisted of extraction, shallow tray 
air stripping and granular activated carbon treatment to remove the 
VOCs, and discharge of treated water to the Schuylkill River.
    The 2010 ESD changed the groundwater extraction and treatment 
remedy to enhanced natural bioremediation of TCE. A successful pilot 
test, which reduced the levels of TCE in the Site wells, had been 
conducted using this technology. The 2010 ESD also re-instituted the 
requirement for institutional controls for groundwater use on both the 
Recticon and Allied properties, since all wells on these properties 
were not below the cleanup levels.

Response Actions

    The Remedial Design and Remedial Action (RD/RA) were performed by 
Rockwell under Unilateral Administrative Order (UAO) No. III-94-16-DC 
issued on March 24, 1994. In accordance with the 1993 ROD, a Phase 1 
Archeological Survey was performed in April 1995 prior to the start of 
onsite construction activity and determined that the Site had no 
historical significance. In 1999, Rockwell spun off its semiconductor 
business as an independent company called Conexant Systems, Inc. 
Conexant assumed responsibility for performing the RD/RA as required by 
the UAO.
OU1--Water Line
    Construction of the water line was completed between September 1998 
through November 1999 and consisted of extending a water main to the 
Site area and connecting 14 residences and businesses. Once the 
municipal water lines were connected, filtration systems previously 
used at the properties were no longer necessary. EPA performed the 
final inspection of the water line and connections on December 13, 
1999.
OU2--Soil
    In accordance with the 1993 ROD, verification sampling was 
conducted on the soil at the former Allied facility to determine the 
source and extent of copper and zinc contamination. An ecological 
assessment indicated that the copper and zinc levels exceeded the 
Region III Biological Technical Assistance Group (BTAG) screening 
values, and that any terrestrial or aquatic receptors on or near the 
Site would be exposed to unacceptable levels of these contaminants. As 
a result, EPA conducted a time-critical removal at the Site in April 
1998. Six inches of contaminated soil were excavated and removed from a 
small portion of the Site known as the ``crane area'' and shipped off-
site for proper disposal. The area was backfilled with clean soil and 
grass was planted.
    The 1993 ROD also required the excavation of TCE contaminated soils 
on the former Recticon facility. This requirement was modified by the 
1997 ROD Amendment, which changed the soil cleanup level. As a result 
of this change, no further soil excavation was required and 
institutional controls were instead required to prohibit soil 
excavation. The 2004 ESD subsequently eliminated the requirement for 
institutional controls for soil.
OU3--Groundwater
    Construction of the groundwater portion of the remedy started in 
June 1998 and consisted of the installation of approximately 10 
additional monitoring wells, an extraction well and the construction of 
a groundwater extraction and treatment system. EPA conducted a pre-
final inspection of OU3 on April 19, 1999 and determined that Rockwell 
and its contractors had constructed the remedy in accordance with 
remedial design plans and specifications. A Preliminary Closeout Report 
(PCOR) was issued on December 14, 1999, documenting Construction 
Completion for the Site.
    A Pilot Study was initiated in 2001 to evaluate the effectiveness 
of using enhanced bioremediation to treat groundwater contamination 
more effectively than groundwater extraction and treatment. The study 
consisted of injecting non-toxic food-grade amendments and other 
approved supplements into the groundwater to enhance the natural 
biodegradation occurring at the Site. A total of 13 injections were 
completed during the Pilot Study from June 2001 through February 2007 
utilizing several different amendments. The Pilot Study effectively 
reduced VOC contamination in the groundwater close to groundwater 
cleanup levels. The 2010 ESD replaced groundwater extraction and 
treatment with enhanced bioremediation based on the results of the 
Pilot Study.

Cleanup Levels

    Table 1 describes the soil and groundwater cleanup levels 
established in the 1997 ROD Amendment:

                                 Table 1
------------------------------------------------------------------------
              COC                     Medium              Standard
------------------------------------------------------------------------
TCE...........................  Soil.............  1,600 [mu]g/kg
TCE...........................  Groundwater......  5 [mu]g/L
Vinyl Chloride................  Groundwater......  2 [mu]g/L
1,1 dichloroethene............  Groundwater......  7 [mu]g/L
1,2 dichloroethane............  Groundwater......  5 [mu]g/L
1,2 dichloroethene............  Groundwater......  70 [mu]g/L
Tetrachloroethene.............  Groundwater......  5 [mu]g/L
------------------------------------------------------------------------


[[Page 33190]]

    No soil was identified with TCE concentrations exceeding 1,600 
[mu]g/kg; therefore, no soil excavation was performed. Soil 
contaminated with zinc and copper at the Allied facility was excavated 
and disposed offsite under a time-critical removal action by EPA in 
1998.
    Groundwater COC concentrations at all sampling locations were below 
the groundwater cleanup levels during the 2011 annual sampling event. 
In accordance with the 1993 ROD, twelve (12) quarters of groundwater 
sampling were performed between October 2011 and September 2014 to 
confirm that the cleanup levels have been achieved. Vinyl chloride was 
detected in one well during this sampling at a concentration exceeding 
the cleanup level of 2 [mu]g/L and TCE was detected in one well at a 
concentration exceeding the cleanup level of 5 [mu]g/L. For these two 
wells, statistical tools specified in EPA program guidance were used to 
evaluate attainment for vinyl chloride and TCE. These data were 
statistically analyzed and the cleanup level exceedances were 
determined not to be statistically significant. No other samples 
identified any COC above the groundwater cleanup levels throughout the 
twelve quarters of sampling.
    Additionally, EPA performed a cumulative risk assessment using the 
2014 groundwater sampling results. Groundwater COC concentrations were 
compared to EPA Tap Water Risk Screening Level (RSLs) and if the RSL 
was exceeded during any of the 2014 sampling events, a risk assessment 
was performed. The data were grouped in Exposure Areas (EAs) based on 
groundwater sampling locations. The cumulative risk results were below 
or within EPA's acceptable risk range for each of the EAs.
    Based on the results of the twelve quarters of groundwater 
monitoring and the results of the cumulative risk assessment, the 
groundwater cleanup levels have been achieved at the Site.
    EPA subsequently issued a Final Close Out Report (FCOR) for the 
Site dated December 17, 2017. The FCOR summarized the remedial 
activities conducted at the Site, and concluded that EPA has 
successfully completed all response actions for the Site in accordance 
with Close Out Procedures for National Priorities List Sites (OSWER 
Directive 9320.2-09A-P).

Operation and Maintenance

    Operation and Maintenance (O&M) activities for the Site were 
focused on the groundwater portion of the remedy (OU3). The initial 
groundwater remedy involved extraction and treatment of contaminated 
groundwater at the Site from 1998 through 2002. The water was treated 
using a shallow tray air stripper and GAC and the treated water was 
discharged to the Schuylkill River. The discharge was in continuous 
compliance with the substantive requirements of the National Pollutant 
Discharge Elimination System (NPDES). The system treated approximately 
200 million gallons of contaminated groundwater prior to being shut 
down in December 2002.
    The 2010 ESD replaced the groundwater extraction and treatment 
component of the Selected Remedy with enhanced bioremediation. 
Groundwater monitoring confirmed that groundwater cleanup levels have 
been achieved at the Site and no ongoing or future O&M or additional 
groundwater monitoring is necessary.
Institutional Controls
    The 1993 ROD required an institutional control to restrict access 
to those portions of the aquifer where contaminants remain above 
performance standards. Institutional controls were also included in the 
1997 ROD Amendment to prohibit soil excavation on the Recticon property 
and installation of new wells on the Recticon property until 
groundwater cleanup levels were met.
    The 2004 ESD stated that institutional controls were no longer 
required for soil and that the groundwater was making progress toward 
achieving cleanup levels, therefore, institutional controls prohibiting 
new wells were no longer required. However, in the 2010 ESD, EPA 
determined that institutional controls for groundwater were still 
required since the groundwater cleanup levels had not yet been 
achieved. Therefore, the installation of new groundwater wells on the 
two properties comprising the Site needed to be prohibited until the 
groundwater at the Site meets the cleanup levels selected in the 1997 
ROD Amendment. This institutional control has been implemented by deed 
notices which have been placed on the titles for the two Site 
properties pursuant to a 2002 Prospective Purchaser Agreement with the 
current owner of the Allied portion of the Site, and a 2005 Consent 
Decree with Wellsford, Inc., the current owner of the Recticon portion 
of the Site.
    The Chester County Health Departments Rules and Regulations, Sec.  
501.12.5.1, currently provide an additional layer of use restriction 
for the Site groundwater by prohibiting the installation or use of 
drinking water supply wells in the vicinity of the Site unless the 
wells are tested for contamination and treated if contamination is 
identified. The relevant provisions of the regulations are provided 
below:

    501.12.5.1 A permit shall be denied and/or approval to use the 
water supply shall be withheld in those areas of the County where 
the Chester County Health Department has been notified by State or 
Federal agencies or other sources that the area is unsuitable for 
the installation of on-site water wells due to known groundwater 
contamination unless the following conditions are met:
    501.12.5.1.1 The water well must be tested prior to use and on a 
yearly basis for all known and suspected contaminants in the area.
    501.12.5.1.2 When the water quality analysis shows that the 
contaminant level exceeds the maximum contaminant levels allowed by 
the Safe Drinking Water Act, the water must be treated by the 
appropriate treatment unit before approval can be granted.

    As discussed in detail above, groundwater cleanup levels have been 
achieved at the Site. Therefore, in accordance with the 2010 ESD, 
institutional controls prohibiting the installation of new wells at the 
Site are no longer required.

Five-Year Review

    Pursuant to CERCLA section 121(c) and as provided in the current 
guidance on Five-Year Reviews Comprehensive Five-Year Review Guidance, 
OSWER Directive 9355.7-03B-P, June 2001, EPA must conduct a statutory 
Five-Year Review if hazardous substances remain on-site above levels 
that would not allow for unlimited use and unrestricted exposure. The 
Five-Year Reviews for the Site were signed on the following dates:

1. First Five-Year Review--May 14, 2005
2. Second Five-Year Review--June 23, 2010
3. Third Five-Year Review--May 11, 2015

    No issues or recommendations were identified in the 2015 Third 
Five-Year Review. The Protectiveness Statement in the 2015 Third Five-
Year Review was as follows:
    ``The Site is protective of human health and the environment. The 
RAOs established for the Site have been accomplished.''
    There are no hazardous substances or materials left on-site above 
levels that would not allow for unlimited use and unrestricted 
exposure; therefore, additional Five-Year Reviews are not required in 
the future.

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:

[[Page 33191]]

    <bullet> Interviews of East Coventry Township officials for Five-
Year Reviews
    <bullet> Annual Meetings with Chester County Board of Health
    In accordance with the requirements of 40 CFR 300.425(e)(4), EPA's 
community involvement activities associated with this deletion will 
consist of placing 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 Pottstown Mercury, 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 was completed in accordance with the EPA-approved O&M Plan. 
Institutional controls are no longer necessary at the Site. All RAOs, 
performance standards, and cleanup levels established in the 1993 ROD, 
1997 ROD Amendment, 2004 ESD, and 2010 ESD have been achieved and the 
Selected Remedy is protective of human health and the environment in 
the short- and long-term. No further Superfund response is necessary to 
protect human health and the environment.
    The Site Deletion 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. 2018-15244 Filed 7-16-18; 8:45 am]
 BILLING CODE 6560-50-P


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