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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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(312) 886–0900, Hours: Monday through 

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

Federal holidays. 

Salem Township Library, 535 West 

Pike Street, Morrow, OH 45152, Phone: 

(513) 899–2588. Hours: Monday and 

Tuesday, 10:00 a.m. to 8:00 p.m. 

Wednesday and Thursday, 10:00 a.m. to 

6:00 p.m. Friday, 10:00 a.m. to 5:00 p.m. 

Saturday, 10:00 a.m. to 2:00 p.m. 

Warren County Administration 

Building, 406 Justice Drive, Lebanon, 

OH 45036, Phone: (513) 695–1000. 

Hours: Monday through Friday 8:00 

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

FOR FURTHER INFORMATION CONTACT: 

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, or via 

email at cano.randolph@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Partial Deletion Procedures 

IV. Basis for Site Partial Deletion 

V. Partial Deletion Action 

I. Introduction 

EPA Region 5 is publishing this direct 

final Notice of Partial Deletion for the 

Peters Cartridge Factory Site (Peters 

Cartridge Site), from the National 

Priorities List (NPL). This partial 

deletion pertains to the Former Process 

Area (FPA) portion of the Site, property 

identification numbers (PINs) 16–12– 

453–004, 16–12–453–005 and 16–12– 

400–012. The NPL constitutes Appendix 

B of the NCP, which EPA promulgated 

pursuant to CERCLA. 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 (RA) financed by the 

Hazardous Substance Superfund (Fund). 

This partial deletion of the Peters 

Cartridge Site is proposed in accordance 

with 40 CFR 300.425(e) and is 

consistent with the Notice of Policy 

Change: Partial Deletion of Sites Listed 

on the National Priorities List. 60 FR 

55466 (Nov. 1, 1995). As described in 

section 300.425(e)(3) of the NCP, a 

portion of a site deleted from the NPL 

remains eligible for Fund-financed RAs 

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 FPA of the Peters 

Cartridge Site and demonstrates how it 

meets the deletion criteria. Section V 

discusses EPA’s action to partially 

delete the FPA 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, or portions thereof, 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 (RI) 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 Section 121(c) of 

CERCLA, 42 U.S.C. 9621 and the NCP, 

EPA conducts five-year reviews to 

ensure the continued protectiveness of 

RAs where hazardous substances, 

pollutants, or contaminants remain at a 

site above levels that allow for 

unlimited use and unrestricted 

exposure. EPA conducts such five-year 

reviews even if a site or a portion of a 

site is deleted from the NPL. 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. Partial Deletion Procedures 

The following procedures apply to the 

deletion of the FPA of the Peters 

Cartridge Site: 

(1) EPA has consulted with the State 

of Ohio prior to developing this direct 

final Notice of Partial Deletion and the 

Notice of Intent for Partial Deletion copublished in the ‘‘Proposed Rules’’ 

section of the FR. 

(2) EPA has provided the State 30 

working days for review of this notice 

and the parallel Notice of Intent for 

Partial Deletion prior to their 

publication today, and the State, 

through the OEPA, has concurred on the 

partial deletion of the Site from the 

NPL. 

(3) Concurrent with the publication of 

this direct final Notice of Partial 

Deletion, an announcement of the 

availability of the parallel Notice of 

Intent for Partial Deletion is being 

published in a major local newspaper, 

The Cincinnati Enquirer. The 

newspaper notice announces the 30-day 

public comment period concerning the 

Notice of Intent for Partial Deletion of 

the Site from the NPL. 

(4) EPA placed copies of documents 

supporting the partial 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-calendar day public 

comment period on this partial deletion 

action, EPA will publish a timely notice 

of withdrawal of this direct final Notice 

of Partial 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 for Partial Deletion and 

the comments already received. 

Deletion of a portion of a site from the 

NPL does not itself create, alter, or 

revoke any individual’s rights or 

obligations. Deletion of a portion 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 further response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Site Partial Deletion 

The following information provides 

EPA’s rationale for deleting the FPA of 

the Peters Cartridge Site from the NPL: 

Site Background and History 

The Peters Cartridge Site (CERCLIS 

ID: OHD 987051083) is an 

approximately 71-acre parcel of land 

located along the south bank of the 

Little Miami River, in Warren County, 

Ohio. The Peters Cartridge Site is 

located at 1415 Grandin Road, Kings 

Mills, 45034, Hamilton Township, Ohio. 

Approximately one acre of the Site is 

located east of Grandin Road. 

The Peters Cartridge Factory 

produced ordnance and shot shell 

ammunition at the Site from 1887 to 

1934. The Remington Arms Company, 

Inc. (Remington) purchased the Peters 

Cartridge Factory in 1934 and continued 

the production of shot shell and 

cartridge ammunition at the facility. 

During the Second World War, 


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Remington produced .30 and .45-caliber 

carbine ammunition for the U.S. 

Government, until 1944, after which 

Remington discontinued operations at 

the facility. 

The Peters Cartridge Site was 

subsequently divided into multiple land 

parcels that have been owned and 

occupied by various non-ammunition 

making entities since 1944. None of 

these companies are responsible for the 

contamination that is being addressed at 

the Site. 

OEPA noted the release of possible 

hazardous substances at the Site in 

1992. OEPA conducted a preliminary 

assessment in 1993 and brought the Site 

to the attention of EPA. OEPA 

conducted several screening 

investigations and evaluations at the 

Site between 1994 and 1999. During 

these investigations, OEPA collected 

soil, sediment, and groundwater 

samples. OEPA analyzed the samples 

for volatile organic compounds, 

semivolatile organic compounds 

(SVOCs), pesticides, and metals. 

OEPA’s investigations concluded that 

the Site was impacted by copper, lead, 

and mercury. These metals are 

associated with the former munitions 

manufacturing operations. The impacts 

appeared to be generally confined to 

surface soils in the former 

manufacturing and storage areas in the 

FPA. OEPA detected some SVOCs and 

pesticides in sediment samples from the 

Little Miami River, but these 

compounds were not found in soil or 

sediment samples from the Site and are 

not Site-related. 

EPA proposed the Peters Cartridge 

Site to the NPL on April 30, 2003 (68 

FR 23094). EPA finalized the Peters 

Cartridge Site on the NPL on September 

18, 2012 after negotiations with 

potentially responsible parties (PRPs) to 

implement the cleanup remedy in EPA’s 

2009 Record of Decision (ROD) for the 

Site failed (77 FR 57495). The effective 

date of the final rule was October 18, 

2012. 

The Peters Cartridge Site is a single 

operable unit consisting of three areas: 

The FPA, which is the portion of the 

Site EPA is deleting from the NPL, and 

the Hamilton Township Property (HTP) 

and Lowland Area (LA) which are not 

being deleted and will remain on the 

NPL. 

The FPA is the production portion of 

the Site where most of the Peters 

Cartridge manufacturing processes took 

place. The FPA is comprised of three 

parcels of developed land that total 

14.29 acres and contain six buildings. 

Most of the FPA is relatively flat and 

covered by buildings, concrete or 

asphalt paving, and small landscaped 

areas. Discontinuous areas of ash-like 

fill were present around the buildings. 

Portions of the FPA are used by 

commercial or industrial businesses. 

The HTP is a 56-acre parcel of 

unimproved wooded land south and 

southwest of the FPA. The HTP was 

primarily used to store the finished 

munitions manufactured at the Site. The 

HTP consists of steeply-sloping bedrock 

ridges and rolling topography with 

dense vegetation. The HTP contains 

bunkers, concrete supports, 

foundations, conveyance structures, and 

other facilities historically used by the 

Peters Cartridge Company. 

The HTP contains a former salvage 

area in the northwestern portion of the 

property that is unpaved and is 

surrounded by a steel fence and mature 

woody and herbaceous vegetation. The 

former salvage area features buildings 

original to the former salvage yard and 

also contains discontinuous areas of 

ash-like fill. Hamilton Township plans 

to retain the HTP as open space. 

The LA is located at the northern edge 

of the Site within the Little Miami River 

floodplain. The LA is differentiated 

from the rest of the Site by steel fencing, 

thick vegetation, and steep topography 

along the southern border of the Little 

Miami River Scenic Trail. The trail was 

a historical railroad right-of-way that 

was redeveloped as a bike and walking 

path. 

North of the trail, the LA includes 

some historical manufacturing areas 

characterized by the presence of ash-like 

fill, concrete foundations, masonry 

structures, and concrete culverts/ 

outfalls that drain surface water from 

the upland portions of the Site. Future 

land use in the LA is expected to remain 

recreational/open space. 

This partial deletion pertains to all 

media within the FPA portion of the 

Peters Cartridge Site (see Current Site 

Layout in Docket Document ID EPA– 

HQ–SFUND–2003–0010–1954 in the 

Docket). The remaining areas of the Site, 

including the HTP and LA, will remain 

on the NPL and are not being 

considered for deletion as part of this 

action. 

Remedial Investigation (RI) and 

Feasibility Study (FS) 

The PRPs conducted a remedial 

investigation (RI) and feasibility study 

(FS) at the Site under a 2004 

Administrative Order on Consent with 

EPA. The RI investigated the 

contamination at the Site and the FS 

evaluated potential cleanup alternatives 

to address the unacceptable Site risks 

identified in the human health and 

ecological risk assessments. 

The PRPs conducted the RI in 

multiple phases from 2005 to 2009. The 

PRPs collected surface (zero to two feet 

below ground surface) and subsurface 

(greater than two feet below ground 

surface) soil samples from 112 soil 

boring locations in the FPA, 199 soil 

borings in the HTP, and 69 soil borings 

in the LA. The PRPs also collected 

samples of surface swale-soil from 29 

locations in the HTP area, sediment 

samples from seven on-Site locations 

near the discharge points of the on-Site 

drainage features near the Little Miami 

River, 22 surface water sampling 

locations, and groundwater samples 

from eleven groundwater monitoring 

wells. The PRPs did not collect swalesoil samples from the FPA or LA 

because swale-soil was not present in 

these areas. 

The results of the PRPs’ human health 

risk assessment indicate that surface soil 

in the FPA posed an unacceptable risk 

to current commercial/industrial 

workers, utility workers and trespassers, 

and to future construction workers and 

residents. The risks were due to the 

concentrations of arsenic, 

benzo(a)pyrene, naphthalene and lead 

detected in the surface soil. The surface 

soil in the HTP posed an unacceptable 

risk to current trespassers and utility 

workers, and to future construction 

workers, residents and recreational 

users in the HTP. These risks were due 

to arsenic, benz(a)pyrene, lead and 

antimony detected in the HTP. The 

concentrations of lead in the LA surface 

soil posed an unacceptable risk to 

current utility workers, and to 

recreational users in off-trail areas. 

The risk assessment determined that 

shallow, on-Site groundwater would 

pose an unacceptable cancer risk to 

potential future residents if the 

groundwater was used as a residential 

water supply. This risk is due to arsenic 

detected in the groundwater, but at 

concentrations below the Maximum 

Contaminant Level (MCL) for arsenic 

established under the Safe Drinking 

Water Act. 

The current potential for human 

exposure to on-Site groundwater is 

limited, since the Site is used for 

commercial and industrial purposes and 

on-Site groundwater is not used for 

potable or any other uses, including 

irrigation. Potable water at the Site is 

currently supplied by the Warren 

County Water District. The groundwater 

is also at a depth where direct contact 

during intrusive activities is unlikely to 

occur. 

The PRPs’ ecological risk assessment 

indicated that surface soil in the 

terrestrial habits at the Site posed an 

unacceptable risk to ecological 


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receptors. The risks were due to the 

concentrations of antimony, arsenic, 

cadmium, copper, lead, mercury, nickel, 

selenium, thallium and zinc detected at 

the Site. The ecological risk assessment 

also identified potential ecological risks 

at the Site based on exposure to 

erosional material and surface water in 

the concrete-lined culverts at the Site, 

and to sediment and surface water in 

culvert outfalls along the shoreline of 

the Little Miami River. 

OEPA conducted additional studies of 

the Little Miami River in 1999 and 2007. 

These studies indicated that Site-related 

contaminants were not impacting 

ecological receptors in the River. OnSite drainage features, however, had the 

potential to transport Site-related 

contaminants to surface water and river 

sediment. 

The PRPs completed an FS in 2009. 

The FS developed and evaluated four 

cleanup alternatives to address the 

unacceptable risks at the Site. The FS 

evaluated soil remediation technologies 

to clean up the surface soil/swale 

contaminants in the FPA, HTP and LA, 

and in the upper six inches of shoreline 

sediment at culvert outfalls. 

The FS determined that focusing the 

cleanup on the lead-impacted soil at the 

Site would result in the remediation of 

the other contaminants detected at the 

Site since the primary Site risk was due 

to exposure to lead-impacted soil. The 

FS also assumed that institutional 

controls (ICs) would be used to prevent 

residential land use and groundwater 

use at the Site. 

Selected Remedy 

EPA developed remedial action 

objectives (RAOs) to address the 

unacceptable risks to human health and 

the environment identified for exposure 

to on-Site soil/swale contaminants, the 

shoreline sediments in the Little Miami 

River, and groundwater. 

EPA’s RAOs for on-Site soil are to: 

Prevent human exposure to surface/ 

swale soil having chemical 

concentrations resulting in a cumulative 

excess lifetime cancer risk greater than 

1 × 10¥4 or a non-cancer hazard index 

greater than 1; prevent human exposure 

to surface and subsurface soil with lead 

concentrations greater than EPA’s 

residential standard (i.e., 400 mg/kg) or, 

if an IC restricts residential 

development, prevent human exposure 

to surface/swale soil with lead 

concentrations greater than EPA’s 

commercial standard (i.e., 800 mg/kg); 

and prevent ecological receptor 

exposures to on-Site surface soil/swale 

soil with copper, lead, and mercury 

concentrations creating unacceptable 

levels of risk. 

EPA’s RAO for shoreline sediments is 

to prevent the exposure of aquatic 

receptors to contaminants of ecological 

concern in the Little Miami River by 

limiting the migration of Site-related 

contaminants in depositional material 

in the channelized outfalls and deltas 

bordering the river. This will be done by 

removing on-Site sources that contribute 

to elevated concentrations in the surface 

water discharged from the site. 

EPA’s RAO for groundwater is to 

prevent future residents from ingesting 

groundwater having an arsenic 

concentration that exceeds its MCL. 

This will be done as a limited RA using 

ICs to restrict groundwater use at the 

Site. 

EPA selected a cleanup remedy for 

the Site in a Record of Decision (ROD) 

on September 28, 2009. The major 

components of the selected remedy 

detailed in the ROD are: 

(1) Excavate surface soil in the FPA to 

a depth of at least two feet below ground 

surface (bgs) in areas that exceed the 

EPA commercial standard for lead of 

800 milligrams per kilogram (mg/kg), 

and excavate surface soil in the HTP 

and LA to a depth of at least two feet 

bgs in areas that exceed the EPA 

residential standard for lead of 400 

mg/kg. The actual areas to be excavated 

and depths will be determined and 

evaluated during the Remedial Design 

(RD). The excavated areas will be 

backfilled with clean fill material to the 

existing grade. 

(2) Clean out and remove debris and 

erosional material at drainage culvert 

and outfall areas. Excavate three 

identified shoreline sediment areas to a 

depth of approximately six inches and 

backfill the shoreline sediment areas 

with clean fill material. 

(3) Consolidate impacted soil, 

sediment, and erosional material in an 

on-Site consolidation cell. The cell will 

be constructed with an impermeable 

composite liner and cap system 

developed to be consistent with State 

regulations. A flexible membrane liner 

with a geotextile cushion will be 

installed as the main component of the 

cell liner system. 

(4) Cap the consolidation cell with a 

composite cap system consisting of a 

six-inch-thick vegetative support layer, 

a two-foot-thick layer of compacted lowpermeability clay, a geocomposite 

drainage layer, a flexible geomembrane, 

and a low-permeability clay layer 

beneath the geomembrane. The final cap 

design will be developed to be 

compliant with State regulations during 

the RD phase of the project. During the 

RD phase it will be determined whether 

an access restriction will be required 

based on future use of the area. 

(5) Monitor groundwater to ensure 

that there is no migration of 

contaminants from the consolidation 

cell. 

(6) ICs in the form of deed restrictions 

will be required to accomplish the 

following: Restrict land use to 

nonresidential purposes; limit future 

Site activities to prevent intrusive 

activities that could compromise the 

consolidation cell; and restrict on-Site 

groundwater from being used as a 

residential water supply. 

(7) A review will be conducted within 

five years after the initiation of the RA 

and every five years thereafter to ensure 

that the selected remedy is still 

protective of human health and the 

environment, and will include a 

determination of whether land use 

changes have occurred or are likely to 

occur. 

EPA issued a Unilateral 

Administrative Order to the lead PRP 

for the Site, E.I. du Pont de Nemours 

and Company (DuPont), to conduct the 

RD and RA work required by the ROD 

on March 30, 2012, after negotiations 

with DuPont and the other PRPs failed. 

DuPont conducted a Pre-Design 

Investigation (PDI) in 2012–2013. 

During the PDI, DuPont further 

delineated the extent of soil with lead 

concentrations above cleanup standards 

that would require excavation. 

DuPont’s PDI found that 

approximately 10,300 cubic yards of soil 

within the excavation areas outlined in 

the ROD was characteristically 

hazardous for lead based on the results 

of toxicity characteristic leaching 

procedure (TCLP) testing. The PDI also 

found that some of the characteristically 

hazardous lead-contaminated soil was 

located in some areas of the Site at 

depths greater than two feet bgs. 

EPA issued an Explanation of 

Significant Differences (ESD) modifying 

the ROD based on the PDI in June 2015. 

The modified remedy required the 

excavation of all characteristically 

hazardous soils at the Site, regardless of 

depth. All soils with concentrations of 

lead considered to be characteristic 

hazardous waste were required to be 

stabilized to render them nonhazardous 

before being placed in the on-Site 

consolidation cell. Based on the PDI, the 

deepest excavation was estimated to be 

four feet bgs. 

The ESD also made it clear that an 

Institutional Control Implementation 

and Assurance Plan (ICIAP) was 

required as part of the selected remedy. 

The ESD also explained EPA and 

OEPA’s determination that a 2.0 percent 

final slope for the composite cap system 

over the on-Site consolidation cell was 

acceptable and provided a waiver of the 


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5.0 percent final slope requirements in 

Ohio Administrative Code 3745–29– 

08(C)(4)(c). 

Response Actions 

DuPont’s contractor, Parsons, began 

RA construction activities at the Site in 

March 2015. Parsons excavated surface 

soil in the FPA with lead concentrations 

above EPA’s commercial cleanup level 

for lead of 800 mg/kg from a depth of 

zero to two feet bgs; and surface/swale 

soil in the HTP and LA with 

concentrations above EPA’s residential 

cleanup level for lead of 400 mg/kg from 

a depth of zero to two feet bgs. 

Parsons additionally excavated all 

surface/swale and subsurface soil in the 

FPA, HTP and LA that exceeded EPA’s 

hazardous waste TCLP concentration for 

lead of 5.0 milligrams/liter (mg/l), 

regardless of depth (zero to four feet). 

Parsons consolidated the excavated 

soil in an on-Site consolidation cell 

Parsons constructed in the HTP at the 

southern end of the Site. Parsons treated 

the soil with TCLP concentrations above 

EPA’s hazardous waste criteria with a 

proprietary in-situ stabilizing mixture 

that rendered the material 

nonhazardous prior to excavation and 

consolidation in the on-Site cell. 

The excavated areas included: Most of 

the area sampled adjacent to and 

between the buildings in the FPA, and 

isolated areas on hill slopes behind the 

buildings; the HTP adjacent to the 

western portion of the FPA and LA; 

three small, isolated areas in the HTP 

upland areas; most of the portion of the 

LA between the Little Miami River 

Scenic Trail and the FPA; and isolated 

areas in the LA in the floodplain terrace 

along the Little Miami River and 

adjacent to Grandin Road. Four areas 

within the FPA and LA required 

excavation to four feet bgs to remove 

soil exceeding the regulatory level for 

TCLP lead. 

Parsons backfilled the excavated areas 

with clean soil covered by six inches of 

clean topsoil to existing grade. 

Parsons excavated the sediments from 

the on-Site drainage channels, concrete 

culverts and outfalls and consolidated 

these materials in the consolidation cell 

with the excavated soil. Parsons 

excavated and disposed of trash located 

in one area of the Site, including 

hazardous and nonhazardous soil and a 

small amount of asbestos-containing 

material, at appropriate off-Site disposal 

facilities. 

The consolidation cell has a vegetated 

surface with a stone access road across 

the top of cap. The road provides access 

to the leachate sump and monitoring 

wells located on the north side of the 

cell. 

Parsons submitted a Construction 

Completion Report documenting the 

completion of the RA construction 

activities to EPA and OEPA on June 7, 

2017. EPA issued a letter approving 

DuPont’s Construction Completion 

Report on June 26, 2017. 

Cleanup Levels 

The cleanup levels for the Site are: 

EPA’s commercial cleanup level for lead 

of 800 mg/kg for surface soil in the FPA; 

EPA’s residential cleanup level for lead 

of 400 mg/kg for surface soil in the HTP 

and LA; and EPA’s TCLP hazardous 

waste leaching criteria of 5 mg/l for lead 

in all soil, regardless of depth. The ROD 

also requires groundwater use 

restrictions for on-Site groundwater 

with arsenic concentrations above the 

MCL of 10 micrograms/liter, and the 

excavation of debris and erosional 

material in on-Site culverts and outfalls, 

and of shoreline sediment in the Little 

Miami River. 

Parsons determined the limits of the 

soil and sediment excavations, and the 

limits of soil stabilization required to 

meet the cleanup criteria in the ROD 

and ESD during the RD based on the 

results of the PDI. Parsons verified that 

all impacted soil was excavated to 

required limits by conducting surveys of 

the excavated areas before and after 

excavation for a point-by-point 

comparison. Parsons confirmed that all 

hazardous soil was properly treated 

prior to excavation by testing the 

stabilized soil in each grid for TCLP 

lead, arsenic, and mercury to confirm 

the soil was nonhazardous. All posttreatment samples passed the TCLP 

values for these compounds prior to 

excavation and consolidation in the onSite cell except for one area which 

required a second round of treatment. 

Parsons, EPA and OEPA verified that 

the sediment, debris and eroded 

materials were removed from the onSite culverts, outfalls and the river 

shoreline through visual inspections 

conducted prior to and during an 

August 16, 2016 pre-final Site 

inspection. 

Operation and Maintenance 

DuPont is responsible for conducting 

operation and maintenance (O&M) at 

the Peters Cartridge Site consistent with 

a January 2017 O&M and ICIAP. The 

only O&M required for the FPA is to 

maintain, monitor and enforce the RODrequired IC, which is in the form of an 

Environmental Covenant (EC), and to 

conduct groundwater sampling, as 

needed. 

The current owner of the FPA, Peters 

Cartridge Factory, LLC (PCF), filed the 

EC required by the ROD pursuant to 

Ohio Revised Code §§ 5301.80 to 

5301.92, on the FPA portion of the 

Peters Cartridge Site. PCF filed the EC 

with the Warren County Recorder’s 

Office on January 30, 2018, Instrument 

2018–003019. A copy of the recorded 

EC is in Docket Document ID EPA–HQ– 

SFUND–2003–0010–1942 in the Docket. 

PCF’s EC: (1) Restricts land use in the 

FPA to commercial and/or industrial 

use, and prohibits residential use of the 

property unless and until additional 

cleanup activities are performed and the 

EC is amended or terminated; (2) 

prohibits the extraction or use of 

groundwater beneath the FPA for any 

purpose, potable or otherwise, unless 

approved by EPA and for the purposes 

of investigation, monitoring, 

groundwater remediation or for a 

response activity; and (3) requires all 

excavation, digging, grading or 

disturbance of the ground surface in the 

FPA to be conducted in accordance with 

the September 2017 Soil Management 

Plan developed for the Site. 

Five-Year Reviews 

EPA is required to conduct statutory 

five-year reviews at the Peters Cartridge 

Site because hazardous substances, 

pollutants, or contaminants remain at 

the Site above levels that allow for 

unlimited use and unrestricted 

exposure. EPA must complete the first 

five-year review of the Site by December 

12, 2019. 

Community Involvement 

EPA satisfied public participation 

activities for the Peters Cartridge Site 

required in Sections 113(k) and 117 of 

CERCLA, 42 U.S.C. 9613(k) and 9617. 

EPA developed a Community 

Involvement Plan for the Site in 2009. 

EPA made the RI/FS Report and 

Proposed Plan for the Site available to 

the public in June 2009. EPA placed 

copies of the RI/FS Report and Proposed 

Plan in the administrative record file 

maintained at the EPA Region 5 Records 

Center in Chicago, Illinois, and in the 

local information repositories for the 

Site at the Salem Township Library, 535 

W Pike Street, Morrow, Ohio 45152 and 

the Warren County Administration 

Building, 406 Justice Drive, Lebanon, 

Ohio 45036. EPA also posted the RI/FS 

and Proposed Plan to the EPA Region 5 

website at: http://www.epa.gov/region5/ 

sites/peterscartridge/index.htm. 

EPA published notices advertising the 

availability of the RI/FS Report and 

EPA’s Proposed Plan for the Site in the 

Pulse-Journal, Little Miami/Kings Mills 

Edition and the Western Star, in 

Lebanon, Ohio on July 2, 2009. 

EPA held a public comment period on 

its proposed cleanup plan for the Site 


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Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations 35565 

from July 6, 2009 through August 6, 

2009. EPA also held a public meeting to 

present its Proposed Plan for the Site to 

a broader community audience on July 

15, 2009. At the meeting, 

representatives from EPA and OEPA 

answered questions about the 

contamination at the Site and the 

cleanup alternatives that were 

considered. 

EPA also used the meeting to solicit 

a wider cross-section of community 

input on the reasonably anticipated 

future land uses of the Site. 

Approximately 20 people attended the 

meeting, including representatives from 

the Little Miami River Group and 

Hamilton Township. 

EPA considered the public comments 

received during the public meeting and 

public comment period prior to 

selecting a final remedy for the Site in 

the ROD. EPA’s responses to the 

comments received are included in a 

Responsiveness Summary, which is part 

of the ROD. 

EPA provided additional 

opportunities for public participation 

when issuing the ESD. Although there 

are no requirements to hold a public 

meeting or formal public comment 

period when an ESD is issued, EPA and 

OEPA voluntarily decided to conduct a 

public availability session to inform the 

local community of the changes in the 

original remedy and answer questions. 

EPA and OEPA chose to involve the 

local community because of the 

community’s interest in the Site, and 

held an availability session on February 

12, 2015. Approximately 40 people from 

the surrounding area attended the 

meeting. 

EPA made the ESD available to the 

public by placing it in the 

administrative record with other 

documents supporting the ESD, in the 

information repositories. EPA also 

coordinated with OEPA to ensure that a 

notice summarizing the ESD and 

explaining EPA’s reasons for the remedy 

changes was published in a local 

newspaper after the ESD was approved. 

EPA published a notice announcing 

this direct final Notice of Partial 

Deletion in the Cincinnati Enquirer 

prior to publishing this deletion in the 

Federal Register. Documents in the 

deletion docket which EPA relied on to 

support the deletion of the FPA from the 

NPL are available to the public in the 

information repositories and at http://

www.regulations.gov. 

Determination That the Criteria for 

Partial Deletion Have Been Met 

The FPA portion of the Peters 

Cartridge Site meets all of the site 

completion requirements specified in 

Office of Solid Waste and Emergency 

Response (OSWER) Directive 9320.22, 

Close-Out Procedures for National 

Priorities List Sites. All cleanup actions 

and RAOs for the FPA set forth in the 

2009 ROD and 2015 ESD have been 

implemented for all pathways of 

exposure in the FPA. The selected RAs, 

RAOs, and associated cleanup levels for 

the FPA are consistent with EPA policy 

and guidance. No further Superfund 

response is necessary to protect human 

health or the environment in the FPA. 

Section 300.425(e) of the NCP states 

that a Superfund site or a portion of a 

site may be deleted from the NPL when 

no further response action is 

appropriate. EPA, in consultation with 

the State of Ohio, has determined that 

all required response actions have been 

implemented at the FPA portion of the 

Peters Cartridge Site and that no further 

response action by the responsible 

parties is appropriate on this property. 

V. Partial Deletion Action 

EPA, with concurrence of the State of 

Ohio through the OEPA, has determined 

that all appropriate response actions 

under CERCLA, other than 

maintenance, monitoring and five-year 

reviews, have been completed at the 

FPA. Therefore, EPA is deleting the FPA 

portion of the Peters Cartridge Site, PINs 

16–12–453–004, 16–12–453–005 and 

16–12–400–012, 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 25, 

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 notice of 

withdrawal of this direct final Notice of 

Partial Deletion before its effective date 

and the partial deletion 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 partially 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 17, 2018. 

Cathy Stepp, 

Regional Administrator, Region 5. 

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 by revising the listing under 

Ohio for ‘‘Peters Cartridge Factory’’ to 

read as follows: 

Appendix B to Part 300—National 

Priorities List 

TABLE 1—GENERAL SUPERFUND SECTION

State Site name City/county Notes (a)

*******

OH .................. Peters Cartridge Factory .............................................. Kings Mills .................................................................... P 

* * * * * * * 

(a)* * * 

* * * * * * * 

P = Sites with partial deletion(s). 


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35566 Federal Register / Vol. 83, No. 145 / Friday, July 27, 2018 / Rules and Regulations 

* * * * * 

[FR Doc. 2018–16123 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– 

21—Region 8] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Davenport and Flagstaff 

Smelters Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 8 announces the 

deletion of the Davenport and Flagstaff 

Smelters Superfund Site (Site) located 

in Sandy City, Salt Lake County, Utah, 

from the National Priorities List (NPL). 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Utah, through the Utah 

Department of Environmental Quality 

(UDEQ), have determined that all 

appropriate response actions under 

CERCLA, other than operation and 

maintenance, and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: This action is effective July 27, 

2018. 

ADDRESSES: 

Docket: EPA has established a docket 

for this action under Docket 

Identification No. EPA–HQ–SFUND– 

2003–0010. All documents in the docket 

are listed on the http://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http://

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers 

and viewing hours are: Utah Department 

of Environmental Quality, Salt Lake 

City, UT 84047; Phone: (801–944–7641); 

Hours: M–Th: 9 a.m.–9 p.m.; Fri–Sat: 

9:00 a.m.–5:30 p.m. 

FOR FURTHER INFORMATION CONTACT: Erna 

Waterman, Remedial Project Manager, 

U.S. Environmental Protection Agency, 

Region 8, EPR–SR, Denver, CO 80202, 

(303) 312–6762, email: waterman.erna@

epa.gov. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: Davenport 

and Flagstaff Smelters Superfund Site, 

Sandy City, Salt Lake County, Utah. A 

Notice of Intent to Delete for this Site 

was published in the Federal Register 

(83 FR 25635–25638) on June 4, 2018. 

The closing date for comments on the 

Notice of Intent to Delete was July 5, 

2018. No public comments were 

received. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. 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. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: July 16, 2018. 

Douglas H. Benevento, 

Regional Administrator, Region 8. 

For reasons set out in the preamble, 

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]C 

■ 2. Table 1 of appendix B to part 300 

is amended in the table by removing the 

entry for ‘‘UT, Davenport and Flagstaff 

Smelters, Sandy City, P’’. 

[FR Doc. 2018–16118 Filed 7–26–18; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 150121066–5717–02] 

RIN 0648–XG327 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure of 

Angling category northern area trophy 

fishery. 

SUMMARY: NMFS closes the northern 

area Angling category fishery for large 

medium and giant (‘‘trophy’’ (i.e., 

measuring 73 inches curved fork length 

or greater)) Atlantic bluefin tuna (BFT). 

This action is being taken to prevent 

further overharvest of the Angling 

category northern area trophy BFT 

subquota. 

DATES: Effective 11:30 p.m., local time, 

July 26, 2018, through December 31, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Sarah McLaughlin or Tom Warren, (978) 

281–9260. 

SUPPLEMENTARY INFORMATION: 

Regulations implemented under the 

authority of the Atlantic Tunas 

Convention Act (ATCA; 16 U.S.C. 971 et 

seq.) and the Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act; 16 U.S.C. 1801 

et seq.) governing the harvest of BFT by 

persons and vessels subject to U.S. 

jurisdiction are found at 50 CFR part 

635. Section 635.27 subdivides the U.S. 

BFT quota recommended by the 

International Commission for the 

Conservation of Atlantic Tunas (ICCAT) 

among the various domestic fishing 

categories, per the allocations 

established in the 2006 Consolidated 

Atlantic Highly Migratory Species 

Fishery Management Plan (2006 

Consolidated HMS FMP) (71 FR 58058, 

October 2, 2006) and amendments. 

NMFS is required, under 

§ 635.28(a)(1), to file a closure notice 

with the Office of the Federal Register 

for publication when a BFT quota is 

reached or is projected to be reached. 


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