Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations 35555 

Instruction M16475.1D, which guide the 

Coast Guard in complying with the 

National Environmental Policy Act of 

1969 (42 U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a safety 

zone lasting only one hour and thirty 

minutes that will prohibit entry on a 

one-mile stretch of the Kanawha River 

on one evening. It is categorically 

excluded from further review under 

paragraph L60(a) of Appendix A, Table 

1 of DHS Instruction Manual 023–01– 

001–01, Rev. 01. A Record of 

Environmental Consideration 

supporting this determination is 

available in the docket where indicated 

under ADDRESSES. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to contact the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—REGULATED NAVIGATION 

AREAS AND LIMITED ACCESS AREAS 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T08–0686 to read as 

follows: 

§ 165.T08–0686 Safety Zone; Kanawha 

River, Nitro, WV. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

Kanawha River from mile marker (MM) 

43.1 to MM 44.2. 

(b) Effective period. This section is 

effective from 8:45 p.m. through 10:15 

p.m. on August 4, 2018. 

(c) Regulations. (1) Under the general 

regulations in § 165.23 of this part, entry 

into this zone is prohibited unless 

authorized by the Captain of the Port 

Sector Ohio Valley (COTP) or a 

designated representative. A designated 

representative is a commissioned, 

warrant, or petty officer of the U.S. 

Coast Guard assigned to units under the 

operational control of USCG Sector 

Ohio Valley. 

(2) To seek permission to enter, 

contact the COTP or designated 

representative via radio on channel 16 

or by telephone at 1–800–253–7465. 

(3) If permission is granted, all 

persons and vessels shall transit at their 

slowest safe speed and comply with the 

instructions of the COTP or designated 

representative. 

(d) Information broadcasts. The COTP 

or a designated representative will 

inform the public of any changes in the 

date and times of enforcement through 

Broadcast Notices to Mariners (BNMs), 

Local Notices to Mariners (LNMs), and/ 

or Safety Marine Information Broadcasts 

(SMIBs), as appropriate. 

Dated: July 18, 2018. 

M.B. Zamperini, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Ohio Valley. 

[FR Doc. 2018–16064 Filed 7–26–18; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2008–0084; FRL–9981– 

36—Region 6] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Old Esco Manufacturing 

Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is publishing a 

direct final Notice of Deletion of the Old 

Esco Manufacturing, Superfund Site 

(Site), located in Greenville, Texas, 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). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

Texas, through the Texas Commission 

on Environmental Quality (TCEQ), 

because EPA has determined that all 

appropriate response actions under 

CERCLA, have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective September 10, 2018 unless 

EPA receives adverse comments by 

August 27, 2018. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–2008–0084, 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 

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. 

• Email: mueller.brian@epa.gov. 

• Mail: Brian W. Mueller; U.S. 

Environmental Protection Agency, 

Region 6; Superfund Division (6SF–RL); 

1445 Ross Avenue, Suite 1200, Dallas, 

Texas 75202–2733. 

• Hand delivery: U.S. Environmental 

Protection Agency, Region 6, 1445 Ross 

Avenue, Suite 700, Dallas, Texas 75202– 

2733; Contact: Brian W. Mueller (214) 

665–7167. 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–2008– 

0084. 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 


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35556 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations 

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: 

City of Greenville Municipal Bldg., 2821 

Washington Street, Greenville, TX 

75401, Telephone Number: (903) 457– 

3130, Hours of Operation: Monday 

thru Friday 8:00 a.m. to 5:00 p.m. 

U.S. Environmental Protection Agency, 

Region 6, 1445 Ross Avenue, Suite 

1200, Dallas, TX 75202–2733, 

Telephone number: (800) 533–3508, 

Contact: Brian W. Mueller: (214) 665– 

7167, Hours of operation: Monday 

thru Friday, 9:00 a.m. to 12:00 p.m. 

and 1:00 p.m. to 4:00 p.m. 

Texas Commission on Environmental 

Quality, Records Management Center, 

Central File Room, Technical Park 

Center Bld. E, 1st Floor, Room 1003, 

12100 Park 35 Circle, Austin, TX 

78753, Telephone Numbers: (512) 

239–2900 and (800) 633–9363, Hours 

of operation: Monday thru Friday, 

8:00 a.m. to 5:00 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Brian W. Mueller, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 6, 6SF–RL 1445 Ross 

Avenue, Suite 1200, Dallas, Texas 

75202–2733, (214) 665–7167, email 

mueller.brian@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region 6 is publishing this direct 

final Notice of Deletion of the Old Esco 

Manufacturing (Site), from the National 

Priorities List (NPL). 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 § 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. 

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 Old Esco 

Manufacturing Superfund Site and 

demonstrates how it meets the deletion 

criteria. Section V discusses EPA’s 

action to delete the Site from the NPL 

unless adverse comments are received 

during the public comment period. 

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. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the State of 

Texas prior to developing this direct 

final Notice of Deletion and the Notice 

of Intent to Delete co-published today in 

the ‘‘Proposed Rules’’ section of the 

Federal Register. 

(2) EPA has provided the state 30 

working days for review of this notice 

and the parallel Notice of Intent to 

Delete prior to their publication today, 

and the state, through the Texas 

Commission on Environmental Quality, 

has concurred on the deletion of the Site 

from the NPL. 

(3) Concurrently with the publication 

of this direct final Notice of Deletion, a 

notice of the availability of the parallel 

Notice of Intent to Delete is being 

published in a major local newspaper, 

Greenville Herald Banner. 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. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this deletion action, EPA will 

publish a timely notice of withdrawal of 

this direct final Notice of Deletion 

before its effective date and will prepare 

a response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. 

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 

The Old Esco Manufacturing (‘‘Old 

Esco’’ or ‘‘site’’) Superfund Site 

(CERCLIS ID TXD980573808) is located 

at 500 Forrester Street, Greenville, Hunt 

County, Texas. The geographic 

coordinates of the Site are Latitude 

33.138732° N and Longitude 

¥96.075961° W. The facility, which is 

currently abandoned, is situated on a 


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4.7-acre tract of land owned by the City 

of Greenville. 

The boundaries of the Site are 

surrounded by fencing. The Site is 

bordered to the north by Forrester 

Street, to the east by a residential area 

and vacant lot, to the south by the 

frontage road of Interstate 30 and a 

drainage pathway to Horse Creek and 

the Cowleech Fork of the Sabine River, 

and to the west by a private lake. The 

Site consisted of several attached 

buildings that form one main building 

(125 by 500 feet), a small shed (15 by 

20 feet), and vacant land. A former soil 

and gravel parking lot is located on the 

north and west sides of the building. 

Esco began operations at the Site in 

the late 1940s, leasing the property and 

building, until approximately 1970, 

when the company relocated to another 

property in Greenville, Texas. In 1983, 

Esco purchased the Site and owned it 

until it defaulted for non-payment of 

taxes in 2001. Esco manufactured 

electrical transformers and high voltage 

switchgear for electrical distribution at 

the Site. Other manufacturing 

operations at the Site included metal 

fabrication, welding, grinding, 

sandblasting, silver electroplating, and 

painting. Completed transformers from 

the facility were either shipped dry (i.e., 

empty of coolant) or were filled with 

polychlorinated biphenyl (PCB) 

dielectric oil, depending on the 

requirements of the purchaser. 

PCBs are mixtures of synthetic 

organic chemicals that were commonly 

used for various applications from 

approximately 1929 until 1979. PCBs 

were regulated under a series of EPA 

actions culminating with a ban in 1979 

on manufacturing, processing, 

distribution, and use of PCBs under the 

Toxic Substances Control Act (TSCA). 

Items such as transformers and 

hydraulic fluids were identified as highrisk sources and were targeted for 

accelerated phase-out. 

In July 1980, the Texas Department of 

Water Resources (TDWR) received a 

complaint about the historic disposal of 

transformer oil by Esco on the property. 

The investigation by TDWR revealed the 

presence of PCBs at concentrations of 

760, 8,400, and 85,000 milligrams per 

kilogram (mg/kg) in the soils. In April 

1981, the TDWR recommended that 

Esco conduct an extent-ofcontamination survey within 180 days 

and develop a removal plan that would 

eliminate the PCB-contaminated soil 

from the Site. In 1990, Esco filed for 

Chapter 11 Bankruptcy without 

conducting the cleanup. In 1991, the 

Chapter 11 bankruptcy was converted to 

a Chapter 7 bankruptcy. In 2003, the 

(TCEQ) conducted a Phase I & II 

Environmental Site Assessment, and 

installed one new monitoring well and 

collected 23 surface and subsurface soil 

samples. Chemical analysis of the 

surface soil samples indicated the 

presence of the PCB, Aroclor-1260 in 

concentrations ranging from 0.338 to 

2,390 mg/kg. Chemical analysis of the 

subsurface soil samples indicated the 

presence of Aroclor-1260 at a 

concentration of 12.2 mg/kg. Ground 

water was encountered at approximately 

10 to 15 feet below ground surface (bgs). 

Chemical analysis of the ground water 

samples collected from two monitoring 

wells indicated the presence of Aroclor1260. 

In 2004, the TCEQ formally referred 

the Site to EPA Region 6 for assistance. 

From 2005 through 2007, EPA’s removal 

program conducted numerous field 

sampling and assessment activities at 

the Site and adjacent properties to 

determine the extent of contamination 

and for National Priorities List (NPL) 

Hazard Ranking System scoring 

purposes. The Site was proposed to the 

NPL on March 19, 2008, (73 FR 14742). 

The Site was added to the NPL as final 

on September 3, 2008, (73 FR 51368). 

History of EPA CERCLA Removal 

Actions 

EPA conducted two Time Critical 

Removal Actions which began in 

August 2008 and September 2009, 

respectively. The purpose of these 

Removal Actions was to investigate the 

PCB-contaminated soils in the 

residential and other adjacent areas of 

the Site; and to eliminate the imminent 

threat and substantial endangerment to 

public health or welfare, or to the 

environment, posed by site-related 

contamination associated with the Old 

Esco Manufacturing Site. Based on 

removal assessment activities conducted 

by EPA, the Old Esco Manufacturing 

Site and surrounding residential 

properties were found to contain 

elevated levels of PCBs above the EPA 

Toxic Substances Control Act (TSCA) 

screening level of 1 milligram per 

kilogram (mg/kg). 

First Removal Action 

The first of these two Removal 

Actions was completed in January 2009. 

This Removal Action included: 

• Removal of PCB-contaminated soils 

with a concentration greater than 1.0 

mg/kg from six adjacent residential 

properties and the adjacent Texas 

Department of Transportation road 

right-of-way drainage ditches located 

directly east of the Site. 

• Restoration of the six residential 

properties and roadside ditches. 

• Transportation and disposal of 922 

tons of soils in the CSC Landfill in 

Avalon, Texas with concentrations of 

PCBs equal to or greater than 50.0 mg/ 

kg (TSCA soils) and 4,221 tons of soils 

in the Maloy Landfill near Campbell, 

Texas with concentrations of PCBs less 

than 50.0 mg/kg (Non-TSCA soils). 

• On-site consolidation and storage of 

approximately 4,000 cubic yards (yd3) 

of TSCA soils in the building. 

• Fencing of the perimeter of the Esco 

property. 

• Removal and disposal of 120 yd3 of 

asbestos-containing materials from the 

on-site building in the Maloy Landfill. 

• Placement of ripple dams/storm 

water controls in drainage pathways 

between residential properties and the 

Site to reduce the potential for 

contaminated soil backflow onto clean 

areas during flooding situations. 

• Placement of ripple dams at several 

locations on the Esco drainage system to 

reduce off-site soil migration. 

Second Removal Action 

The second Removal Action was 

completed in December 2009. This 

Removal Action included: 

• Removal of soils with 

concentrations of PCBs greater than 1.0 

mg/kg from three residential properties 

and portions of the road side drainage 

ditches along Fannin and Forrester 

Streets. 

• Restoration of the three residential 

properties and the road side drainage 

ditches. 

• Transportation and disposal of 

approximately 3,194 tons of soils in the 

Maloy Landfill with concentrations of 

PCBs less than 50.0 mg/kg (Non-TSCA 

soils). 

Remedial Investigation and Feasibility 

Study (RI/FS) 

In 2009, EPA’s remedial program 

started and completed the off-site 

Remedial Investigation (RI) and extent 

of contamination study by collecting 

soil samples for PCB analysis from an 

additional 52 residential properties, and 

from Texas Department of 

Transportation highway median and 

road right-of-way drainage ditches that 

had not been previously sampled. The 

RI also included the collection of twelve 

co-located water and sediment samples 

from Horse Creek and the Cowleech 

Fork of the Sabine River, and the 

collection of ground water samples for 

PCB analyses. 

In 2010, EPA’s remedial program 

completed the full RI/FS. Surface and 

subsurface soil samples were collected 

from the on-site areas of the Site to 

determine the nature and extent of 

contamination. Sampling results 


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showed that soils as deep as 10.0 feet 

below ground surface were impacted by 

PCBs and required remediation. TSCA 

PCB regulations applied to the Site 

because surface and subsurface soils 

were contaminated by PCBs. The 

concentrations of PCBs required that the 

contaminated soils be managed as nonTSCA (i.e., concentration less than 50.0 

mg/l total PCBs) or TSCA wastes (i.e., 

concentration equal to or greater than 

50.0 mg/kg total PCBs). 

Ground water samples were collected 

from the on-site monitoring wells to 

determine the nature and extent of 

contamination in the ground water 

underlying the Site. The primary ground 

water contaminants were PCBs and the 

extent of ground water impact was 

limited. A total of nine monitoring wells 

were installed on the Site. Five were 

installed and sampled prior to the Site 

being listed on the NPL. In 2003 the 

wells were sampled and the results 

indicated that the PCB Aroclor-1260 

was present in the ground water in two 

monitoring wells at concentrations 

ranging from 9.26 to 0.379 micrograms 

per liter (mg/L). In 2009 the wells were 

resampled and the same two wells 

reported PCB results of 1.1 and 1.5 

mg/L, both above the Maximum 

Contaminant Level (MCL) of 0.5 mg/L. 

In 2010, four additional wells were 

installed by EPA’s contractor. Nine 

ground water samples were collected for 

PCB analysis in 2010. The ground water 

chemical analytical data collected 

indicated that only Aroclor-1260 was 

detected in four wells ranging from 0.04 

to 0.46 mg/L, which were below the MCL 

of 0.5 mg/L. 

Surface water samples were collected 

from Horse Creek and the Cowleech 

Fork of the Sabine River to determine 

the nature and extent of surface water 

contamination. No Aroclors were 

detected at the appropriate detection 

limits and no further action was 

recommended for surface water. 

Sediment data were collected from 

Horse Creek and the Cowleech Fork of 

the Sabine River to determine the nature 

and extent of sediment contamination. 

Although the maximum sediment 

concentrations for Aroclor-1268 and 

Aroclor-1260 were above the screening 

benchmark for sediments, the screening 

level ecological risk assessment findings 

indicated that no further action was 

required for sediments. 

Remedial Action Objectives 

The Remedial Action Objectives to be 

achieved by the Site Remedy were: 

• Prevent direct dermal contact, 

incidental ingestion and inhalation of 

fugitive dust from PCB-contaminated 

soils, 

• Prevent off-site migration of PCBcontaminated soils to Horse Creek or the 

Cowleech Fork of the Sabine River, 

• Prevent exposure to Site soils that 

may pose a risk to ecological receptors, 

and 

• Ensure that current and future 

receptors were not exposed to ground 

water that could possibly be 

contaminated with PCBs above the 

federal MCL of 0.5 mg/L. 

Remedial Action Goals 

The excavation, on-site treatment, and 

off-site disposal of the soils with a 

concentration of total PCBs greater than 

1.0 mg/kg would allow the Site to be 

developed for reuse (i.e., residential 

and/or recreational and commercial 

and/or industrial land use). The 

remediation goal for total PCBs for the 

Site was 1.0 mg/kg. 

Selected Remedy 

The selected remedy for the Site, as 

described in the original 2010 Record of 

Decision (ROD), was Soil Excavation 

and Treatment with Off-site Disposal for 

Residential and/or Recreational Land 

Use, and included the following major 

components: 

• Soil Excavation, Treatment, and 

Disposal Components: Approximately 

5,200 and 16,250 yd3 of TSCA and nonTSCA soils, respectively, with a 

concentration of total PCBs greater than 

1.0 milligrams per kilogram (mg/kg) 

were to be excavated and transported 

off-site to a permitted waste disposal 

facility. Soils were to be excavated to a 

maximum depth of 15.0 bgs, consistent 

with the State’s requirements. Soils with 

a concentration of total PCBs equal to or 

greater than 50.0 mg/kg were to be 

disposed of at a TSCA-permitted 

landfill. Soils with a concentration of 

total PCBs greater than 1.0 mg/kg and 

less than 50.0 mg/kg were to be 

disposed of at a non-TSCA landfill. 

Approximately 1,850 yd3 of soils with a 

concentration of total PCBs greater than 

100.0 mg/kg, constituting principal 

threat wastes, were to be treated on-site 

by solidification or stabilization 

techniques prior to disposal. 

Approximately 4,000 yd3 of TSCA soils, 

with a concentration of total PCBs less 

than 100.0 mg/kg, staged in the existing 

building from EPA’s first removal 

action, were also to be transported offsite for disposal. Excavated areas were 

to be backfilled with clean off-site soils 

and the Site was to be graded to drain 

and not pond water. The existing 

building and its foundation were to be 

demolished and also transported off-site 

for disposal. 

• Institutional Controls Component— 

Institutional Controls (ICs), in the form 

of deed restrictions, were to be 

implemented to prevent exposure of 

human receptors to contaminated 

ground water. 

• Ground Water Monitoring 

Component—Ground water monitoring 

was to be conducted annually for a 

minimum period of five years to 

evaluate the protectiveness of the 

Selected Remedy. Ground water 

monitoring was to be discontinued if the 

concentration of total PCBs in the 

ground water did not exceed the federal 

MCL of 0.5 mg/L for three consecutive 

monitoring periods. The additional data 

collected during the annual monitoring 

events was to be used to confirm 

previous PCB data and further evaluate 

trends over time. The additional 

monitoring data was to also allow 

decisions to be made in the future 

regarding ground water impacts and 

evaluation of risks to human health, the 

need for additional monitoring, whether 

to continue maintaining ICs, and 

whether any additional actions would 

be needed to protect human health and 

the environment. These decisions were 

to be made during the first five-year 

review report for the Site. 

• Operations and Maintenance 

Component—Operations and 

maintenance was to involve the ground 

water component of the remedy to 

ensure that the remedy performed as 

intended. 

• Five-Year Review Component— 

Because this alternative would result in 

hazardous substances (i.e., PCBs) 

remaining on-site in the ground water, 

possibly above levels that allow for 

unlimited use and unrestricted 

exposure, a statutory review was to be 

conducted no less often than every five 

years after initiation of the RA to ensure 

that the remedy was, or will continue to 

be, protective of human health and the 

environment. Five-year reviews were to 

be discontinued if the ground water 

monitoring data indicate that the 

concentration of total PCBs did not 

exceed the federal MCL of 0.5 mg/L for 

three consecutive monitoring periods. 

Third Removal Action 

On May 4, 2011, EPA signed a Third 

Action Memorandum, which 

documented the continuation of the 

Time Critical Removal Action and 

approval of the Consistency Exemption 

for the Site. The Consistency Exemption 

documented that the continued 

response actions were appropriate and 

consistent with the 2010 ROD selected 

remedy and remedial actions. 

The Third Removal Action was 

completed with issuance of the final 

Pollution Report #10 on September 30, 

2011. Between May 24 and September 


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12, 2011, all PCB-contaminated soils 

were excavated and transported off-site 

to permitted disposal facilities, and the 

existing building and foundation was 

demolished and also transported off-site 

for disposal. A total of 28,288 tons of 

Non-TSCA soils, 24,137 tons of TSCA 

PCB-contaminated soils, 343 tons of 

construction debris, and 1,455 tons of 

non-TSCA PCB-contaminated Class II 

concrete were transported off-site for 

disposal. The TSCA soils were disposed 

of at the CSC Landfill and the nonTSCA soils, construction debris, and 

non-TSCA PCB Class II concrete were 

disposed of at the Maloy Landfill. 

Following confirmation that all PCBcontaminated had been removed, 

excavated areas were backfilled with 

approximately 60,000 yd 3 of clean offsite soils and the Site was graded so that 

it would drain and prevent the 

formation of standing water. 

No Further Action Is Necessary Record 

of Decision Amendment and 

Explanation of Significant Differences 

(2011) 

The No Further Action is Necessary 

Record of Decision Amendment and 

Explanation of Significant Differences 

(ROD Amendment) was signed on 

September 28, 2011. The ROD 

Amendment was prepared to document 

EPA’s implementation and completion 

of the post-ROD Third Removal Action 

for the PCB-contaminated soils at the 

Site. The completion of the soil clean 

up, which utilized the selected remedy 

in the original 2010 ROD, eliminated the 

need to conduct further soil remedial 

actions at the Site. The Explanation of 

Significant Differences (ESD) portion of 

the ROD Amendment presented the 

details of non-significant or minor 

changes to the July 2011 Proposed Plan. 

After the 2011 Proposed Plan was 

proposed to the public, but before the 

ROD Amendment was finalized, EPA 

received the 2011 annual ground water 

monitoring data, which showed that all 

concentrations for total PCBs did not 

exceed the federal MCL of 0.5 mg/L. As 

a result, EPA determined that changes to 

the 2011 Proposed Plan were necessary, 

and the ESD documented those changes. 

The changes would not have a 

significant impact on the scope, 

performance or cost of the remedy. 

• The 2011 Proposed Plan stated that 

ground water monitoring was to be 

conducted annually for a minimum of 

five years to evaluate the protectiveness 

of the proposed remedy. Ground water 

monitoring was to be discontinued if the 

concentration of total PCBs in ground 

water did not exceed the federal MCL of 

0.5 ug/l for three consecutive 

monitoring periods. The ESD added to 

the Ground Water Monitoring 

Component that PCB concentrations had 

already been below the MCL for two 

(2010 and 2011) consecutive monitoring 

periods and that if the PCB levels were 

below the MCL in the third round of 

ground water sampling scheduled for 

2012, ground water monitoring would 

be discontinued. 

• Institutional controls in the form of 

deed restrictions were to be 

implemented to prevent exposure of 

human receptors to contaminated 

ground water. The ESD stated that these 

institutional controls would not be 

implemented at the Site because the 

2010 and 2011 monitoring results for 

PCBs were below the MCL. 

• The ESD eliminated the Operations 

and Maintenance of the ground water 

component of the remedy after ground 

water monitoring was to be 

discontinued. 

• Five-Year Reviews would be 

discontinued if the ground water data 

indicated that the concentration of total 

PCBs did not exceed the federal MCL of 

0.5 mg/L. 

Cleanup Levels 

Soils 

As stated above, during the Third 

Removal Action all PCB-contaminated 

soils were excavated and transported 

off-site to permitted disposal facilities. 

The Removal Action was completed by 

September 2011. After the Removal 

Action was completed, EPA collected 

post-construction confirmation soil 

samples from the bottom of the 52 

excavated grids to verify that all PCBcontaminated soils above the total PCB 

cleanup level of 1.00 mg/kg had been 

removed. All soil samples were reported 

below the 1.00 mg/kg cleanup level. 

Ground Water 

EPA conducted three consecutive 

annual (2010, 2011, and 2012) ground 

water sampling events, and all 

laboratory total PCB results were below 

the MCL level of 0.5 mg/L. Ground water 

monitoring has been discontinued and 

the nine ground water monitoring wells 

were plugged and properly abandoned 

in 2012. Although a requirement for 

Five-Year Reviews was included in the 

decision documents, Five-Year Reviews 

were not conducted and are no longer 

required because the ground water data 

indicated that the concentration of total 

PCBs did not exceed the federal MCL of 

0.5 mg/L and the Site met unlimited use/ 

unrestricted exposure criteria for the 

soils and groundwater. 

Quality Assurance and Quality Control 

(QA/QC) 

The QA/QC program for the Third 

Removal Action was conducted in 

accordance with the Site Removal QA/ 

QC Work Plan prepared by the EPA 

Superfund Technical Assessment and 

Response Team (START) contractor and 

the EPA Emergency and Rapid Response 

Services (ERRS) contractor. The START 

contractor was responsible for postexcavation confirmation, soil sample 

collection, and coordination of sample 

analyses performed by either the EPA 

Houston Laboratory or a commercial 

laboratory selected by the START 

contractor. All sample results were 

either validated by the EPA Houston 

Laboratory or by a START 

representative. 

The cleanup activities met all QA/QC 

requirements for the Site. The EPA 

Remedial Project Manager (RPM) 

conducted daily oversight throughout 

the Removal Action activities. During 

the Removal Action the TCEQ Project 

Manager conducted routine inspections 

and was in regular contact with the 

RPM. The TCEQ Project Manager 

conducted two site visits to verify that 

construction was complete. 

Community Involvement 

Public participation activities have 

satisfied the requirements of CERCLA 

Section 113(k), 42 U.S.C. 9613(k) and 

CERCLA Section 117, 42 U.S.C. 9617. 

Throughout the Site’s history, the 

community has been interested and 

involved with Site activities. EPA has 

kept the community and other 

interested parties updated on Site 

activities through informational 

meetings, fact sheets, and public 

meetings. Documents in the deletion 

docket which EPA relied on for 

recommendation for the deletion from 

the NPL are available to the public in 

the information repositories, and a 

notice of availability of the Notice of 

Intent for Deletion has been published 

in the Greenville Herald Banner. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The implemented remedy achieves 

the degree of cleanup specified in the 

ROD and ROD Amendment for all 

pathways of exposure. All selected 

remedial action objectives and clean-up 

goals are consistent with agency policy 

and guidance. No further Superfund 

responses are needed to protect human 

health and the environment at the Site. 

In accordance with 40 CFR 

300.425(e), sites may be deleted from 

the NPL where no further response is 

appropriate. 


amozie on DSK3GDR082PROD with RULES
35560 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations 

V. Deletion Action 

The EPA, with concurrence of the 

State of Texas through the Texas 

Commission on Environment Quality, 

has determined that all appropriate 

response actions under CERCLA, have 

been completed. Therefore, EPA is 

deleting the Site from the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication. This 

action will be effective September 10, 

2018 unless EPA receives adverse 

comments by August 27, 2018. If 

adverse comments are received within 

the 30-day public comment period, EPA 

will publish a timely withdrawal of this 

direct final notice of deletion before the 

effective date of the deletion, and it will 

not take effect. EPA will prepare a 

response to comments and continue 

with the deletion process on the basis of 

the notice of intent to delete and the 

comments already received. There will 

be no additional opportunity to 

comment. 

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. 

Dated: July 19, 2018. 

Arturo Blanco, 

Acting Regional Administrator, Region 6. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 

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. 

Appendix B to Part 300—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended in the table by removing the 

entry for ‘‘TX, Old Esco Manufacturing, 

Greenville’’. 

[FR Doc. 2018–16119 Filed 7–26–18; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2003–0010; FRL–9981– 

26—Region 5] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Peters Cartridge 

Factory Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 5 is publishing a 

direct final Notice of Partial Deletion of 

the Former Process Area (FPA) portion 

of the Peters Cartridge Factory 

Superfund Site in Kings Mills, Ohio 

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). This direct 

final Notice of Partial Deletion is being 

published by EPA with the concurrence 

of the State of Ohio, through the Ohio 

Environmental Protection Agency 

(OEPA), because EPA has determined 

that all appropriate response actions in 

the FPA under CERCLA, other than 

maintenance, monitoring and five-year 

reviews, have been completed. 

However, this partial deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final partial deletion 

is effective September 25, 2018 unless 

EPA receives adverse comments by 

August 27, 2018. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final partial 

deletion in the Federal Register (FR) 

informing the public that the partial 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–HQ– 

SFUND–2003–0010 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Comments may also be submitted by 

email or mail to Randolph Cano, NPL 

Deletion Coordinator, U.S. 

Environmental Protection Agency 

Region 5 (SR–6J), 77 West Jackson 

Boulevard, Chicago, IL 60604, Phone: 

(312) 886–6036, email address: 

cano.randolph@epa.gov or hand deliver: 

Superfund Records Center, U.S. 

Environmental Protection Agency, 

Region 5, 77 West Jackson Boulevard, 

7th Floor South, Chicago, IL 60604, 

Phone: (312) 886–0900. 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 

normal business hours are Monday 

through Friday, 8 a.m. to 4 p.m., 

excluding Federal holidays. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–2003– 

0010. 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 hard 

copy. Publicly available docket 

materials are available either 

electronically at http://

www.regulations.gov or electronically or 

in hard copy at: 

U.S. Environmental Protection 

Agency, Region 5, Superfund Records 

Center, 77 West Jackson Boulevard, 7th 

Floor South, Chicago, IL 60604, Phone: 


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