24134 Federal Register / Vol. 78, No. 79 / Wednesday, April 24, 2013 / Proposed Rules 

14.2.2 Eligible Matter 

[Revise 14.2.2 as follows:] 

Special handling service is available 

only for Express Mail, Priority Mail 

(excluding Critical Mail), First-Class 

Mail, First-Class Package Service, 

Standard Post, Package Services, and 

Parcel Select (except Parcel Select 

Lightweight) pieces. 

* * * * * 

[Revise title of 14.2.4 and text as 

follows:] 

14.2.4 Bees, Day-Old Poultry and 

Adult Birds 

Special handling is required for 

shipments containing day-old poultry, 

adult birds and bulk shipments of bees 

(e.g. a queen bee packaged with an 

attending swarm), regardless of the class 

of mail purchased. 

* * * * * 

[Delete item 14.2.6 in its entirety] 

* * * * * 

600 Basic Standards for All Mailing 

Services 

601 Mailability 

* * * * * 

9.0 Perishables 

* * * * * 

9.3 Live Animals 

* * * * * 

[Revise the second sentence of 9.3.2 

as follows.] 

9.3.2 Day-Old Poultry 

* * * Live day-old chickens, ducks, 

emus, geese, guinea fowl, partridges, 

pheasants (pheasants may be mailed 

only from April through August), quail, 

and turkeys are acceptable in the mail 

only if: 

* * * * * 

[Revise the text of item f as follows:] 

f. The shipment bears special 

handling postage in addition to regular 

postage. 

* * * * * 

[Revise and reformat 9.3.3 to include 

a new last sentence, and a new item a 

and b as follows:] 

9.3.3 Small Cold-Blooded Animals 

* * * The following also apply: 

a. Reptiles (e.g. lizards, skinks, and 

baby alligators and caimans not more 

than 20 inches long) must be mailed by 

Express Mail, Priority Mail (excluding 

Critical Mail), First-Class Mail (parcels 

only), or First-Class Package Services. 

b. Amphibians (e.g. toads, frogs, and 

salamanders) must be mailed by Express 

Mail, Priority Mail (excluding Critical 

Mail), First-Class Mail (parcels only), or 

First-Class Mail Package Services. 

[Revise title and introductory text of 

9.3.4 as follows:] 

9.3.4 Adult Birds 

Disease-free adult birds, weighing no 

more than 25 pounds, may be mailed 

domestically. Mailers must be 

compliant with all applicable 

governmental laws and regulations, 

including the Lacey Act, the 

Endangered Species Act (ESA), and 

regulations of the U.S. Department of 

Agriculture, U.S. Fish and Wildlife 

Service, and any state, municipal or 

local ordinances. Mailings must also be 

compliant with the guidelines provided 

in USPS Publication 14, Prohibitions 

and Restrictions on Mailing Animals, 

Plants, and Related Matter, Chapter 5. 

In addition, each container or package 

must be marked as required by U.S. Fish 

and Wildlife Service under 50 CFR 14. 

Adult birds are mailable as follows: 

[Revise 9.3.4a as follows:] 

a. The mailer must send adult fowl by 

Express Mail, including Special 

Handling service, in secure containers 

approved by the manager, Product 

Classification (see 608.8.0 for address). 

* * * * * 

9.3.7 Bees 

[Revise the second sentence of 9.3.7 

as follows:] 

* * * Bulk shipments of bees (e.g. a 

queen bee packaged with an attending 

swarm) must include postage for special 

handling service. * * * 

* * * * * 

We will publish an appropriate 

amendment to 39 CFR part 111 to reflect 

these changes if our proposal is 

adopted. 

Stanley F. Mires, 

Attorney, Legal Policy & Legislative Advice. 

[FR Doc. 2013–09603 Filed 4–23–13; 8:45 am] 

BILLING CODE P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2005–0011; FRL–9805–7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Koppers Co., Inc. (Florence 

Plant) 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 Koppers 

Co., Inc. (Florence Plant) Superfund Site 

(Site) located in Florence, South 

Carolina, 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 South Carolina Department of 

Health and Environmental Control 

(SCDHEC) have determined that no 

further response activities under 

CERCLA are appropriate. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: Comments must be received by 

May 24, 2013. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2005–0011, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• Email: jones.yvonneo@epa.gov. 

• Fax: 404–562–8788 Attention: 

Yvonne Jones. 

• Mail: Yvonne Jones, Remedial 

Project Manager, Superfund Remedial 

Section, Superfund Remedial Branch, 

Superfund Division, U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW., Atlanta, Georgia 30303– 

8960. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region 4, 61 Forsyth 

Street SW., Atlanta, Georgia 30303– 

8960. Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional EPA Office is 

open for business Monday through 

Friday, 8:30 a.m. to 4:00 p.m., excluding 

Federal Holidays. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–2005– 

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 Web site is 

an ‘‘anonymous access’’ system, which 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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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 where 

disclosure is restricted by statute. 

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: 

Regional Site Information Repository: 

U.S. EPA Record Center, Attn: Ms. Anita 

Davis, Atlanta Federal Center, 61 

Forsyth Street SW., Atlanta, Georgia 

30303–8960. Hours of Operation (by 

appointment only): 8:30 a.m. to 4:00 

p.m., Monday through Friday. 

Local Site Information Repository: 

Florence County Library, 509 S. Dargan 

Street, Florence, SC 29506. Hours of 

Operation: 9:00 a.m.–8:30 p.m., Monday 

through Thursday. 9:00 a.m.–5:30 p.m., 

Friday through Saturday. 2:00 p.m.–6:00 

p.m., Sunday. 

FOR FURTHER INFORMATION CONTACT: 

Yvonne Jones, Remedial Project 

Manager, Superfund Remedial Section, 

Superfund Remedial Branch, Superfund 

Division, U.S. Environmental Protection 

Agency, Region 4, 61 Forsyth Street 

SW., Atlanta, Georgia 30303–8960, (404) 

562–8793, Electronic mail at: 

jones.yvonneo@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Intended Site Deletion 

I. Introduction 

EPA Region 4 announces its intent to 

delete the Koppers Co., Inc. (Florence 

Plant) Superfund Site (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. As 

a general matter, deletion of the Koppers 

Co., Inc. (Florence Plant) Superfund Site 

from the NPL will clarify that the South 

Carolina Department of Health and 

Environmental Control (SCDHEC), 

Bureau of Land and Waste Management 

Resource Conservation and Recovery 

Act (‘‘RCRA’’) Program will have 

primary responsibility for ensuring that 

the hazardous wastes released at the 

Site are appropriately remediated. 

Notwithstanding any such deletion of 

this Site from the NPL, in the event that 

conditions at this Site warrant 

additional remedial corrective action, 

this Site remains eligible for Fundfinanced remedial action. Pursuant to 

section 300.425(e)(3) of the NCP, 40 CFR 

300.425(e)(3): ‘‘All releases deleted from 

the NPL are eligible for further Fundfinanced remedial actions should future 

conditions warrant such action. 

Whenever there is a significant release 

from a site deleted from the NPL, the 

site shall be restored to the NPL without 

application of the [Hazard Ranking 

System].’’ Therefore, deletion of this, or 

any other, site from the NPL does not 

preclude eligibility for subsequent 

Fund-financed remedial action if future 

conditions warrant such action. 

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 Koppers Co., Inc. 

(Florence Plant) 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 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. 

Consistent with Section 300.425(e) of 

the NCP, 40 CFR 300.425(e), EPA 

proposes deletion of the Koppers Co., 

Inc. (Florence Plant) Site because, as 

explained further below, no further 

CERCLA response is appropriate. This 

determination is based on a policy that 

EPA has adopted for implementation of 

the NPL deletion criteria. This policy, 

entitled ‘‘The National Priorities List for 

Uncontrolled Hazardous Waste Sites; 

Deletion Policy for Resource 

Conservation and Recovery Act 

Facilities,’’ was published in the 

Federal Register on March 20, 1995 (60 

FR 14641). This policy sets forth the 

following criteria and their general 

application for deleting RCRA facilities 

from the NPL: 

1. If evaluated under EPA’s current 

RCRA/NPL deferral policy (which refers 

to the policy in effect at the time the 

deletion decision is made. As past 

Federal Register notices demonstrate, 

the RCRA/NCP deferral policy has 

changed, and may continue to change 

based upon the Agency’s continued 

evaluation of how best to implement the 

statutory authority of RCRA and 

CERCLA), the site would be eligible for 

deferral from listing on the NPL; 

2. The CERCLA site is currently being 

addressed by RCRA corrective action 

authorities under an existing 

enforceable order, or permit, containing 

corrective action provisions; 

3. Response under RCRA is 

progressing adequately; and 

4. Deletion would not disrupt an 

ongoing CERCLA action. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the State of 

South Carolina before developing this 

Notice of Intent to Delete. 

(2) The State of South Carolina, 

through SCDHEC, has concurred with 

deletion of the Site from the NPL. 

(3) 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, 


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Florence Morning News. The newspaper 

notice announces the 30-day public 

comment period concerning the Notice 

of Intent to Delete the site from the NPL. 

(4) 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 adverse 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 will be placed 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. 

A. Site Background 

The Koppers Co., Inc. (Florence Plant) 

Superfund Site (Facility) (EPA CERCLIS 

Identification Number SCD003353026) 

is situated within an approximate 200- 

acre tract located along North Koppers 

Street in Florence, Florence County, 

South Carolina. The Facility is within 

an area that is currently zoned 

industrial. The surrounding property is 

used for a mixture of industrial, 

commercial, residential, and 

transportation purposes. Private 

residential development borders the 

northwest portion of the Facility. CSX 

Transportation owns and operates a rail 

yard immediately south of the Facility. 

Areas to the north, west, and east are 

relatively undeveloped. The Florence 

City-County Airport is located south of 

the Facility across U.S. Highway 76/301. 

Constructed by the American Lumber 

and Treating Company, the Facility has 

been in operation since 1946. Koppers 

Company, Inc. (KCI) acquired the 

property in 1954. On December 29, 

1988, KCI sold certain of its business 

assets, including the Koppers Facility in 

Florence, as well as the right to use the 

‘‘Koppers’’ trade name, to Koppers 

Industries, Inc., (now known as Koppers 

Inc. [KI]). Shortly thereafter, in January 

1989, KCI changed its name to ‘‘Beazer 

Materials and Services, Inc.,’’ and then 

again changed its name, in April 1990, 

to ‘‘Beazer East, Inc.’’ (Beazer), its 

current name. KI currently owns the 

Florence Wood Treating Facility. The 

Facility produces treated wood 

products, including telephone poles, 

railroad ties, and fencing materials for 

the utilities, railroad, and construction 

industries. The primary wood 

preserving processes at the Facility are 

pressure treatment with creosote, 

pressure treatment with 

pentachlorophenol (PCP), and treatment 

with chromated-copper arsenate. A fire 

retardant was previously (prior to 1988) 

used at the Facility. While the Facility 

is currently owned and operated by KI, 

Beazer retains responsibility for 

addressing certain environmental 

conditions caused by site activities 

occurring before December 1988. 

Past practices at the Facility led to 

contamination of the soil, sediment and 

groundwater. From the beginning of 

plant operations until 1979, creosote 

and PCP wastes at the Facility were 

stored in lagoons located in the 

southwest corner of the Facility. In 

1979, the use of these lagoons was 

discontinued and the waste was landfarmed using a process called spray 

irrigation. Prior to closure of the 

impoundments and the spray irrigation 

field, wastewater flowed to three RCRA 

surface impoundments. In 1980, a local 

resident notified SCDHEC that water 

from his well had a creosote odor and 

a foul taste. Other residents of the same 

area indicated similar taste and odor 

problems with their well water. 

SCDHEC officials tested the well water 

in this area and determined that it 

contained a significant level of creosote. 

In response to the findings at the 

Facility, in October 1981, SCDHEC 

issued Consent Order 81–56–W 

requiring KCI (now known as Beazer) to 

proceed with studies to investigate 

groundwater conditions. Following 

additional negotiations with SCDHEC, 

KCI (now known as Beazer) provided 

public water to a neighborhood directly 

downgradient of the Facility by funding 

water main extensions to the City of 

Florence water supply system. 

From 1981 to the present, various 

investigations have been performed at 

the Facility. Contaminants identified as 

being of concern included PCP and 

other chlorinated phenols, polycyclic 

aromatic hydrocarbons, copper, 

chromium, arsenic, and varied 

constituents of creosote. As an interim 

measure, KCI constructed a groundwater 

containment and recovery system at the 

Facility in August 1983. Due to the 

presence of groundwater contamination, 

EPA also proposed the Site on the NPL 

on September 8, 1983 (48 FR 40674) and 

finalized the Site on the NPL on 

September 21, 1984 (49 FR 37070). 

Facility-wide investigations began in 

1986, with EPA conducting the RCRA 

Facility Assessment (RFA). The RFA 

identified thirty-three solid waste 

management units (SWMUs) located 

throughout the Facility. To simplify the 

response efforts, EPA, SCDHEC, and KCI 

(now known as Beazer) agreed to 

implement a Facility-wide approach to 

address historical releases from all 

former Facility sources and the thirtythree SWMUs. To further address the 

Site, in February 3, 1988, EPA issued a 

RCRA 3008(h) Consent Order (Docket 

Number 88–03–R) (RCRA CO) requiring 

KCI (now known as Beazer) to perform 

a RCRA Facility Investigation, Health 

and Ecological Risk Assessment and a 

Corrective Measures Study (RFI/HERA/ 

CMS) at the Facility. 

Concurrent with the RFI/HERA/CMS, 

in September 1995, SCDHEC issued the 

Post-Closure Care Hazardous Waste 

Permit (Permit Number SCD 003 353 

026) requiring KI and Beazer to conduct 

long-term monitoring and maintenance 

activities necessary to protect the 

surrounding environment and 

population from releases of hazardous 

constituents. The 1995 Post-Closure 

Care Hazardous Waste Permit 

incorporates the RCRA CO . 

Pursuant to the RCRA CO and the 

1995 Post-Closure Care Hazardous 

Waste Permit, the CMS was finalized in 

August 2006. The findings of the RFI/ 

HERA/CMS identified potential risks 

from several areas at the Facility and 

required corrective measures for the 

following media to address those risks: 

On-site Facility Soils: Consists of 

potentially impacted surface and 

subsurface soils within the property 

boundary of the Facility known as the 

Inactive Non-Process Area (INPA). The 

INPA is located in a wooded area 

immediately west of the active portion 

of the Facility approximately 100 feet 

upstream of Outfall 001. 

Off-site Facility Soils: Consists of 

potentially impacted surface soil within 


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the drainage ditch downgradient of 

Outfall 001. The Outfall 001 channel 

area is located adjacent to the southwest 

corner of the Facility on property owned 

by the CSX Corporation. 

Off-site Facility Sediment: Consists of 

potentially impacted stream sediments 

in Two-Mile Creek, downgradient, and 

near the stormwater detention pond. 

Two Mile Creek is located 

approximately 400 feet east of the Site 

entrance. 

Groundwater: Consists of on-site 

Facility and off-site Facility potentially 

impacted groundwater present within 

the upper unconfined water-bearing 

zone. 

Taking into consideration regulatory 

requirements and the results of the 

HERA, the following Corrective Action 

Objectives (CAOs) were developed: 

On-Site CAOs 

• Soils—Mitigate unacceptable 

exposures to Site-related constituents in 

soils for potential on-site Facility 

receptors. 

• Groundwater—Mitigate potential 

future exposure to Site-related 

groundwater constituents that exceed 

the safe drinking water standards or 

acceptable risk levels. 

• Manage dense non-aqueous phase 

liquid (DNAPL) in accordance with EPA 

guidance on NAPLs. 

Off-Site CAOs 

• Surface Soils/Sediments—Mitigate 

unacceptable exposures to Site-related 

constituents in surface soils and 

sediments for potential off-site Facility 

receptors. 

• Groundwater—Mitigate potential 

exposure to groundwater constituents 

that exceed the safe drinking water 

standards or acceptable risk levels. 

Manage DNAPL in accordance with EPA 

guidance on NAPLs. 

Additional CAOs 

• Perform comprehensive corrective 

actions that integrate the components of 

the Facility-wide and the regulated unit 

corrective measures; 

• Optimize long-term operations and 

maintenance (O&M); and 

• Establish appropriate Institutional 

Controls to ensure that future use is 

consistent with the CAOs. 

To achieve the CAOs, the facility 

completed the Corrective Measures 

(CM) Work Plan in December 2011.The 

CM Work Plan presents the approach to 

implement corrective measures at the 

following areas: 

Inactive Non-Process Area (INPA) 

The area of excavation is 

approximately 5,200 square feet in size. 

Six inches of soil, [approximately 100 

cubic yards (cy)] will be excavated from 

this area and placed in the on-site 

Corrective Action Management Unit 

(CAMU). Imported fill material will be 

used to restore the excavated area to 

original contours. Once the area has 

been backfilled and graded, the area will 

be revegetated (seeded and mulched). 

Mulching will consist of the placement 

of an erosion control mulch blanket. 

Channel Below Outfall 001 

The area of excavation is 

approximately 93,300 square feet. Two 

feet of soil (approximately 6,900 cy) will 

be excavated from this area and placed 

in the on-site CAMU. Imported fill 

material will be used to restore the 

excavated area to near-original contours. 

Once the area has been backfilled and 

graded, the area will be revegetated. 

Two Localized and Nearby Segments 

Within Two Mile Creek 

Two areas totaling approximately 

2,300 square feet will be excavated 

within the streambed. One foot of soil 

(approximately 85 cy) will be excavated 

from these areas, which are located on 

the north and south sides of North 

Koppers Street, and placed in the onsite CAMU. Imported fill material with 

a gradation similar to the existing 

channel substrate will be used to restore 

the channel bottom. Once the streambed 

has been reestablished, any areas 

adjacent to the creek that were disturbed 

in order to provide access to the work 

areas will be revegetated. 

The construction activities described 

in the CM Work Plan commenced on 

April 23, 2012 and concluded in 

November 2012. A construction 

completion report will be submitted to 

SCDHEC for review and approval. In 

addition, beginning at the end of the 

fifth year of operation and maintenance 

and monitoring, the system 

effectiveness will be evaluated at 5-year 

intervals. In addition, a Corrective 

Measure completion report will be 

submitted to SCDHEC when the 

corrective measure criteria have been 

satisfied. 

The Facility is subject to 

environmental investigation and 

remedial obligations pursuant to 

CERCLA, the requirements of the RCRA 

CO and the corrective action 

requirements of the South Carolina 

Hazardous and Solid Waste 

Amendments (HSWA) portion of the 

Post-Closure Care Permit. EPA and 

SCDHEC have agreed that the RCRA 

Program has primary responsibility for 

the ongoing activities at the Site. 

B. Determination That the Site Meets the 

RCRA Deferral Criteria Set Forth in 

EPA’s March 20, 1995, Policy 

1. If evaluated under EPA’s current 

RCRA/NPL deferral policy, the Site 

would be eligible for deferral from 

listing on the NPL. 

At the time of the NPL listing, the Site 

posed a threat to human health and the 

environment that was not being 

addressed under CERCLA, or RCRA 

corrective action authorities. At that 

time, EPA determined that the most 

expeditious way to address the 

contamination at the Site was through 

the use of CERCLA authorities. Prior to 

the enactment of the HSWA in 1984 

only releases to groundwater from 

regulated units, i.e. surface 

impoundments, waste piles, land 

treatment areas, and landfills, were 

subject to corrective action requirements 

under RCRA. The enactment of HSWA 

greatly expanded RCRA Subtitle C 

corrective action authorities. As a result, 

KCI (now known as Beazer) and EPA on 

February 3, 1988, entered into a RCRA 

CO and the order has been addressing 

all of the contamination at the Site 

pursuant to section 3008(h) of RCRA. In 

addition, in September 1995, SCDHEC 

issued the Post-Closure Care Hazardous 

Waste Permit requiring KI and Beazer to 

conduct long-term monitoring and 

maintenance activities necessary to 

protect the surrounding environment 

and population from releases of 

hazardous constituents. This 1995 PostClosure Care Hazardous Waste Permit 

included post-closure care of the three 

former RCRA surface impoundments 

and the thirty-three SWMUs. 

Furthermore, the 1995 Post-Closure Care 

Hazardous Waste Permit incorporates 

the RCRA CO. KCI (now known as 

Beazer) is fulfilling the conditions of the 

RCRA CO, and is in compliance with 

the RCRA CO, and the Post-Closure Care 

Hazardous Waste Permit. Consequently, 

if this Site was evaluated for NPL listing 

under the current conditions, the Site 

would qualify for deferral to RCRA. 

2. The CERCLA Site is currently being 

addressed by RCRA corrective action 

authorities under an existing 

enforceable order, and permit 

containing corrective action provisions. 

As described previously, EPA and 

Beazer (previously known as KCI) 

entered into a RCRA CO, pursuant to 

section 3008(h) of RCRA, on February 3, 

1988. Under the terms of that RCRA CO, 

Beazer (then known as KCI) was 

required to complete an on-site and offsite investigation of the nature and 

extent of the release of hazardous wastes 

from the Site, and to conduct a study to 

evaluate various cleanup alternatives. 


tkelley on DSK3SPTVN1PROD with PROPOSALS
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1See Middle Class Tax Relief and Job Creation 

Act of 2012, Public Law 112–96, 126 Stat. 156 

(2012). 

2See, e.g., 47 U.S.C. 303(c), 303(e)–(g), 303(r), 

337(d). See also id. sec. 151, 154(i). 

3See Public Safety Spectrum Act 6201(a)–(b). 

Beazer is fulfilling the conditions of the 

RCRA CO, and is currently in 

compliance with the RCRA CO, and the 

Post-Closure Care Hazardous Waste 

Permit. 

As also described previously, the 

1988 RCRA CO will remain in effect 

until such time when SCDHEC 

determines that the terms of this order 

have been satisfied. All known 

contaminated media (groundwater and 

soils), on and off-site, are being 

addressed through SCDHEC, and EPA’s 

exercise of its corrective action 

authorities pursuant to RCRA. 

3. Response under RCRA is 

progressing adequately. 

Corrective action is progressing 

satisfactorily under the RCRA CO, as 

described above. Pursuant to the RCRA 

CO, Beazer has completed the RFI, 

HERA, CMS, and is implementing the 

selected remedy at the Facility. To 

prevent off-site migration of 

groundwater contamination, and treat 

contaminated groundwater, Beazer 

(previously known as KCI) constructed 

a groundwater containment and 

recovery system at the Facility in 

August 1983. Operation and monitoring 

activities for the groundwater 

containment and recovery system are 

ongoing. The construction activities 

required to address the soil 

contamination concluded in November 

2012. Approximately 7000 cubic yards 

of soil have been excavated from the 

Inactive Non-Process Area, and the 

Channel below Outfall 001. This soil 

was placed in the on-site CAMU. 

Imported fill material was used to 

restore the excavated areas to original 

contours. In addition, completion of the 

construction activities included 

excavation of two areas within Two 

Mile Creek. There has been no history 

of protracted negotiations due to lack of 

cooperation. 

4. Deletion would not disrupt an 

ongoing CERCLA action. 

The RCRA Program is implementing 

the evaluation and remedy selection 

activities normally covered during the 

Remedial Investigation/Feasibility 

Study process under CERCLA, under 

the RCRA CO. In a deferral 

memorandum dated October 26, 1987, 

EPA issued a decision to transfer the 

Facility from Dual CERCLA/RCRA 

Coordination to ‘Exclusive RCRA Lead 

and Responsibility’. There are no 

ongoing CERCLA actions. In addition, 

EPA and SCDHEC have agreed that 

response activities at the Facility will 

continue to proceed through RCRA. 

The EPA has received concurrence 

from SCDHEC. The EPA concludes that 

this Site meets the criteria under the 

NPL deletion policy, and announces its 

intention to delete the Site from the 

NPL. The EPA believes it is appropriate 

to delete sites from the NPL based upon 

the deferral policy to RCRA under these 

established circumstances. Deletion of 

this Site from the NPL, to defer it to 

RCRA Subtitle C corrective action 

authorities, avoids possible duplication 

of effort, and the need for Beazer to 

follow more than one set of regulatory 

procedures. Moreover, EPA and 

SCDHEC have determined that remedial 

actions conducted at the Facility to date 

and scheduled in the future under 

RCRA, have been and will remain 

protective of public health, and the 

environment. 

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(c)(2); 42 U.S.C. 

9601–9657; 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: March 13, 2013. 

Gwendolyn Keyes Fleming, 

Regional Administrator, Region 4. 

[FR Doc. 2013–09540 Filed 4–23–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 1, 2, 27 and 90 

[PS Docket No. 12–94; PS Docket No. 06– 

229; and WT Docket No. 06–150; FCC 13– 

31] 

Implementing Public Safety Broadband 

Provisions of the Middle Class Tax 

Relief and Job Creation Act of 2012 

AGENCY: Federal Communications 

Commission. 

ACTION: Proposed rule. 

SUMMARY: In this document, the Federal 

Communications Commission 

(Commission) sought comment on 

certain proposals to implement 

provisions of the Middle Class Tax 

Relief and Job Creation Act of 2012 

(Public Safety Spectrum Act) governing 

deployment of a nationwide public 

safety broadband network in the 700 

MHz band under a nationwide license 

issued to the First Responder Network 

Authority (FirstNet). In particular, the 

Commission considered the adoption of 

initial rules to protect against harmful 

radio frequency interference in the 

spectrum designated for public safety 

services, as well as other matters related 

to FirstNet’s license and to facilitating 

the transition directed under the Public 

Safety Spectrum Act. The proposals 

considered in the document are 

intended to provide a solid foundation 

for FirstNet’s operations, taking into 

account FirstNet’s need for flexibility in 

carrying out its statutory duties under 

the Public Safety Spectrum Act to 

establish a nationwide public safety 

broadband network. 

DATES: Submit comments on or before 

May 24, 2013. Submit reply comments 

on or before June 10, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Gene Fullano, Federal Communications 

Commission, Public Safety and 

Homeland Security Bureau, 445 12th 

Street SW., Room 7–C747, Washington, 

DC 20554. Telephone: (202)–418–0492, 

email: genaro.fullano@fcc.gov. 

SUPPLEMENTARY INFORMATION: In the 

Notice of Proposed Rulemaking (NPRM), 

FCC 13–31, adopted March 7, 2013, and 

released March 8, 2013, the Commission 

seeks comment on certain proposals to 

implement provisions of the Middle 

Class Tax Relief and Job Creation Act of 

2012 (‘‘Public Safety Spectrum Act’’ or 

‘‘Act’’) 1 governing deployment of a 

nationwide public safety broadband 

network in the 700 MHz band under a 

nationwide license issued to the 

FirstNet. The NPRM addresses technical 

service rules for the new public safety 

broadband network to be established 

pursuant to the Public Safety Spectrum 

Act. It then considers the Commission’s 

statutory responsibilities as they relate 

to oversight of FirstNet. Finally, it 

addresses different classes of 

incumbents now occupying portions of 

the spectrum licensed to FirstNet. These 

proposals are based on the 

Commission’s established authority 

under the Communications Act to 

regulate use of the spectrum consistent 

with the public interest, convenience 

and necessity, including the authority to 

prescribe power limits and prevent 

interference between stations licensed 

by the Commission,2 as well as its 

licensing authority over FirstNet 

provided by the Public Safety Spectrum 

Act,3 and its authority under that Act 

‘‘to take all actions necessary to 

facilitate the transition’’ of the existing 

public safety broadband spectrum to 

FirstNet. 


tkelley on DSK3SPTVN1PROD with PROPOSALS