43082 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: July 7, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

■ Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

Authority: 21 U.S.C. 321(q), 346a and 371. 

■ 2. In the table in § 180.910, add 

alphabetically an entry for the following 

inert ingredient to read as follows: 

§ 180.910 Inert ingredients used pre-and 

post-harvest; exemptions from the 

requirement of a tolerance. 

* * * * * 

Inert ingredients Limits Uses 

*******

2-Propanol, 1,1′,1′′-nitrilotris- (CAS No. 122–20–3) without limitation neutralizer 

*******

[FR Doc. 2010–18097 Filed 7–22–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–R03–SFUND–2010–0436; FRL–9177– 

8] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Letterkenny Army 

Depot Southeastern (SE) Area and 

Letterkenny Army Depot Property 

Disposal Office (PDO) Area Superfund 

Sites 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region III is publishing a 

direct final Notice of Deletion of 

portions of the Letterkenny Army Depot 

Southeastern (SE) Area and Letterkenny 

Army Depot Property Disposal Office 

(PDO) Area (Sites), located in 

Chambersburg, PA, 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 partial deletion is being published 

by EPA with the concurrence of the 

Commonwealth of Pennsylvania, 

through the Pennsylvania Department of 

Environmental Protection (PADEP), 

because EPA has determined that all 

appropriate response actions at these 

identified parcels under CERCLA, other 

than operation, maintenance, and fiveyear reviews, have been completed. 

However, this partial deletion does not 

preclude future actions under 

Superfund. 

This partial deletion pertains to the 

soil and groundwater of parcels 24, 27, 

28, 2–53, 2–53L, 2–54, 2–54L, 2–70, 2– 

70L, 3–89, 3–90, and 3–91. All other 

parcels within the site boundaries of 

Letterkenny Army Depot SE and PDO 

Areas will remain on the NPL and are 

not being considered for deletion as part 

of this action. 

DATES: This direct final partial deletion 

is effective September 21, 2010 unless 

EPA receives adverse comments by 

August 23, 2010. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final partial 

deletion in the Federal Register 

informing the public that the partial 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–R03– 

SFUND–2010–0436, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: hoover.gerald@epa.gov. 

• Fax: (215) 814–3025, Attn: Gerald 

Hoover. 

• Mail or Hand Delivery to: U.S. 

Environmental Protection Agency, 

Region III, Attn: Gerald Hoover (3HS11), 

1650 Arch Street, Philadelphia, PA 

19103–2029. Phone: (215) 814–2077. 

Business Hours: Mon. thru Fri.—9 a.m. 

to 4 p.m. 

Instructions: Direct your comments to 

Docket ID no. EPA–R03–SFUND–2010– 

0436. 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 e-mail. The 

http://www.regulations.gov Web site 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 e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

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 statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or at: 

U.S. EPA Region III, Library, 2nd Floor, 

1650 Arch Street, Philadelphia, PA, 

19103–2029. Phone: (215) 814–5254. 

Business Hours: Mon. thru Fri.—8 

a.m. to 5 p.m. 

Letterkenny Army Depot, Building 14, 

Chambersburg, PA 17201–4150. POC: 

Bryan Hoke. Phone: 717–267–9836. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43083 

FOR FURTHER INFORMATION CONTACT: 

Gerald Hoover, Remedial Project 

Manager (3HS11), U.S. Environmental 

Protection Agency, Region III, 1650 

Arch Str., Philadelphia, PA 19103–2029, 

(215) 814–2077. 

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 III is publishing this 

direct final Notice of Partial Deletion of 

portions of the Letterkenny Army Depot 

Southeastern (SE) Area and Letterkenny 

Army Depot Property Disposal Office 

(PDO) Area (Sites) from the National 

Priorities List (NPL). This partial 

deletion pertains to the soil and 

groundwater of parcels 24, 27, 28, 2–53, 

2–53L, 2–54, 2–54L, 2–70, 2–70L, 3–89, 

3–90, and 3–91. The NPL constitutes 

Appendix B of 40 CFR part 300, which 

is the 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). This partial deletion 

of the Letterkenny Army Depot SE and 

PDO Areas 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 

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

site deleted from the NPL remains 

eligible for Fund-financed remedial 

action if future conditions warrant such 

actions. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective September 21, 

2010 unless EPA receives adverse 

comments by August 23, 2010. Along 

with this direct final Notice of Partial 

Deletion, EPA is co-publishing a Notice 

of Intent for Partial Deletion in the 

‘‘Proposed Rules’’ section of the Federal 

Register. If adverse comments are 

received within the 30-day public 

comment period on this partial deletion 

action, EPA will publish a timely 

withdrawal of this direct final Notice of 

Partial Deletion before the effective date 

of the partial deletion and the partial 

deletion will not take effect. EPA will, 

as appropriate, 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. There 

will be no additional opportunity to 

comment. 

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 parcels 24, 27, 28, 2– 

53, 2–53L, 2–54, 2–54L, 2–70, 2–70L, 3– 

89, 3–90, and 3–91 of the Letterkenny 

Army Depot SE and PDO Areas and 

demonstrates how they meet the 

deletion criteria. Section V discusses 

EPA’s action to partially delete the 

parcels 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 Commonwealth, 

whether any of the following criteria 

have been met: 

i. Responsible parties or other persons 

have implemented all appropriate 

response actions required; 

ii. All appropriate Fund-financed 

response under CERCLA has been 

implemented, and no further response 

action by responsible parties is 

appropriate; or 

iii. The remedial investigation has 

shown that the release poses no 

significant threat to public health or the 

environment and, therefore, the taking 

of remedial measures is not appropriate. 

Pursuant to CERCLA section 121(c) 

and the NCP, EPA conducts five-year 

reviews to ensure the continued 

protectiveness of remedial actions 

where hazardous substances, pollutants, 

or contaminants remain at a site above 

levels that allow for unlimited use and 

unrestricted exposure. EPA conducts 

such five-year reviews even if 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. Deletion Procedures 

The following procedures apply to the 

deletion of parcels 24, 27, 28, 2–53, 

2–53L, 2–54, 2–54L, 2–70, 2–70L, 3–89, 

3–90, and 3–91 of the Letterkenny Army 

Depot SE and PDO Areas: 

(1) EPA has consulted with the 

Commonwealth of Pennsylvania prior to 

developing this direct final Notice of 

Partial Deletion and the Notice of Intent 

for Partial Deletion co-published in the 

‘‘Proposed Rules’’ section of the Federal 

Register. 

(2) EPA has provided the 

Commonwealth 30 working days for 

review of this notice and the parallel 

Notice of Intent for Partial Deletion 

prior to their publication today, and the 

Commonwealth, through the 

Pennsylvania Department of 

Environmental Protection (PADEP), has 

concurred on the partial deletion of the 

Sites from the NPL, with the condition 

that future use of the deleted parcels 

remains commercial/industrial. 

(3) Concurrently with the publication 

of this direct final Notice of Partial 

Deletion, a notice of the availability of 

the parallel Notice of Intent for Partial 

Deletion is being published in a major 

local newspaper, The Chambersburg 

Public Opinion. The newspaper notice 

announces the 30-day public comment 

period concerning the Notice of Intent 

for Partial Deletion of the Sites from the 

NPL. 

(4) The 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 Sites’ 

information repositories identified 

above. 

(5) If adverse comments are received 

within the 30-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 

portion of a site from the NPL does not 

preclude eligibility for further response 

WReier-Aviles on DSKGBLS3C1PROD with RULES

43084 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

actions, should future conditions 

warrant such actions. 

IV. Basis for Partial Site Deletion 

The following information provides 

EPA’s rationale for deleting portions of 

the Sites from the NPL: 

Site Location 

Letterkenny Army Depot (LEAD) is 

located in south-central Pennsylvania in 

Franklin County, 5 miles north of the 

Borough of Chambersburg. The Depot 

covers 19,243 acres, most of which is 

devoted to ammunition storage. LEAD 

was the subject of two listings on the 

National Priorities List (NPL). The first 

was for the Southeastern (SE) Area, and 

the second was for the Property 

Disposal Office (PDO) Area. These two 

areas are separated by a major 

groundwater/surface-water drainage 

divide. The industrial and maintenance 

areas, which are primarily located in the 

southeastern corner of LEAD, 

encompass approximately 2,500 acres 

and include warehousing, vehicle 

storage, administration, industrial/ 

maintenance, recreational activities, and 

housing. The infrastructure of this area 

includes roads; permanent, semipermanent, and temporary structures; 

and utilities. Approximately 1,235 acres 

at LEAD have been designated for 

‘‘realignment’’ under the Base 

Realignment and Closure (BRAC) 

initiative. ‘‘Realignment’’ means that the 

mission at LEAD is changing and 

approximately 1,235 acres at LEAD have 

been designated for release and transfer 

(i.e., ‘‘to-be-excessed’’ or to transfer 

ownership). The BRAC area is 

concentrated in the southeastern portion 

of LEAD, but is located in both the PDO 

and SE Areas. The BRAC area is being 

transferred to the Letterkenny Industrial 

Development Authority (LIDA) in 

phases. To date, LEAD has completed 

three parcel transfer phases, covering 

761 acres. The Phase I parcels were 

transferred in 1998. The Phase II parcels 

were transferred in 2002. The Phase III 

parcels were transferred in 2004. 

Site Background and History 

LEAD was originally established as an 

ammunition storage facility, 

Letterkenny Ordnance Depot, in 1942. A 

vehicle maintenance program was 

started in 1947. In subsequent years 

additional missions were added and the 

facility was renamed the Letterkenny 

Army Depot in 1962. The principal 

missions at LEAD currently include 

maintenance, modification, storage, and 

demilitarization operations on tactical 

missiles, conventional ammunition, and 

tactical wheeled vehicles. Operations 

conducted at LEAD involved cleaning, 

stripping, plating, lubrication, 

demolition, chemical/petroleum 

transfer/storage, and washout/ 

deactivation of ammunition. Many of 

these missions/activities involved the 

use and/or disposal of chlorinated 

solvents, primarily trichloroethene 

(TCE) and 1,1,1-trichloroethane (TCA), 

along with petroleum hydrocarbons and 

other solvents. 

The Letterkenny Army Depot SE Area 

(EPA ID PA6213820503) was listed on 

the NPL in the final rule appearing in 

the 7/22/87 Federal Register (52 FR 

27620–27642). 

The Letterkenny Army Depot PDO 

Area (EPA ID PA2210090054) was listed 

on the NPL in the final rule appearing 

in the 3/13/89 Federal Register (54 FR 

10512–10517). 

The parcels to be deleted from the 

NPL are all in an area known as the 

Southern Martinsburg Shale Region 

(SMSR), which is an area underlain by 

the Martinsburg Shale. These parcels are 

located in both the SE Area and the PDO 

Area. All of these parcels have been 

transferred from the Army to the LIDA 

under the BRAC Act of 1995. These 

parcels have been incorporated into the 

Cumberland Valley Business Park 

which is a commercial/industrial 

business park. The property consists of 

industrial land, developed land, small 

stands of trees, open grassy areas, 

commercial recreational areas (golf 

course and community center), 

administration buildings, and former 

military housing. No wetlands are 

located within the parcels, and no 

Federal or state threatened or 

endangered species are known or 

suspected to exist within the parcels. 

Land located within an approximately 

0.5-mile radius of the parcels includes 

industrial land to the north (including 

land to be retained by the Army), an 

industrial area to the east (other BRAC 

sites as well as land to be retained by 

the Army), agricultural land to the 

south, and industrial land to the west 

(other BRAC property). The parcels are 

accessible to the general public via 

Coffey Avenue, which was transferred 

to LIDA and is maintained by the local 

townships. 

This partial deletion covers the 

following parcels: 24, 27, 28, 2–53, 

2–53L, 2–54, 2–54L, 2–70, 2–70L, 3–89, 

3–90, and 3–91 (See Table 1). 

TABLE 1—LIDA/PARCELS AND THE ASSOCIATED MEDIA INCLUDED IN THE PARTIAL DELETION

LIDA Parcel No. Parcel No. Decision document Contaminated media 

24, 2–24B .......................................................................................... 24 Phase I ROD, SEP 1998 ............ Soil & Groundwater. 

Phase III ROD, AUG 2003 .......... Soil & Groundwater. 

27, 2–27B, 3–27C, 3–27D ................................................................. 27 Phase I ROD, SEP 1998 ............ Soil & Groundwater. 

Phase II ROD, JULY 2001 .......... Soil & Groundwater. 

Phase III ROD, AUG 2003 .......... Soil & Groundwater. 

28, 3–28B .......................................................................................... 28 Phase I ROD, SEP 1998 ............ Soil & Groundwater. 

Phase III ROD, AUG 2003 .......... Soil & Groundwater. 

2–53 ................................................................................................... 2–53 Phase II ROD, JULY 2001 .......... Soil & Groundwater. 

Phase III ROD, AUG 2003 .......... Soil & Groundwater. 

2–53L ................................................................................................. 2–53L Phase II ROD, JULY 2001 .......... Soil & Groundwater. 

Phase III ROD, AUG 2003 .......... Soil & Groundwater. 

2–54 ................................................................................................... 2–54 Phase II ROD, JULY 2001 .......... Soil & Groundwater. 

Phase III ROD, AUG 2003 .......... Soil & Groundwater. 

2–54L ................................................................................................. 2–54L Phase II ROD, JULY 2001 .......... Soil & Groundwater. 

Phase III ROD, AUG 2003 .......... Soil & Groundwater. 

2–70 ................................................................................................... 2–70 Phase II ROD, JULY 2001 .......... Soil & Groundwater. 

Phase III ROD, AUG 2003 .......... Soil & Groundwater. 

2–70L ................................................................................................. 2–70L Phase II ROD, JULY 2001 .......... Soil & Groundwater. 

Phase III ROD, AUG 2003 .......... Soil & Groundwater. 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43085 

TABLE 1—LIDA/PARCELS AND THE ASSOCIATED MEDIA INCLUDED IN THE PARTIAL DELETION—Continued 

LIDA Parcel No. Parcel No. Decision document Contaminated media 

3–89–1, 3–89–2, 3–89–3, 3–89–4, 3–89–5, 3–89–6, 3–89–7, 3– 

89–8, 3–89–9, 3–89–10, 3–89–11, 3–89–12, 3–89–13, 3–89–14, 

3–89–15, 3–89–16, 3–89–17, 3–89–18, 3–89–19, 3–89–20, 3– 

89–21, 3–89–22, 3–89–23, 3–89–24, 3–89–25, 3R–89–26, 3R– 

89–27, 3R–89–28, 3R–89–29.

3–89 Phase III ROD, AUG 2003 .......... Soil & Groundwater. 

3–90 ................................................................................................... 3–90 Phase III ROD, AUG 2003 .......... Soil & Groundwater. 

3–91 ................................................................................................... 3–91 Phase III ROD, AUG 2003 .......... Soil & Groundwater. 

The location of these parcels within the 

boundaries of the SE and PDO sites can 

be seen on the map located in the site 

repositories. 

Remedial Investigation and Feasibility 

Study (RI/FS)—Phase I Parcels 

Parcel 24—Building 500 (Part of Soil SE 

OU 8) 

Parcel 24, which includes Building 

500 and adjacent lands, was identified 

through historical aerial photographs as 

having been used for open vehicle 

storage early in LEAD’s operation (post 

World War II). Two test trenches were 

completed in this parcel, and one 

sample was analyzed for Target Analyte 

List (TAL) metals and total petroleum 

hydrocarbons (TPH). The only 

compound that exceeded the screening 

criteria was arsenic, which slightly 

exceeded the EPA Region III risk-based 

concentration (RBC). EPA and PADEP, 

along with the Army, as part of the 

BRAC Cleanup Team (BCT), agreed that 

the detected concentration did not 

warrant further remedial action for 

industrial use. Arsenic is a naturally 

occurring metal, and arsenic results 

obtained at LEAD are not inconsistent 

with the published background 

concentrations for this metal in 

Pennsylvania. Residential and childintense use scenarios were not 

evaluated. 

Parcel 27 and Parcel 28 

No evidence of soil contamination 

was identified for these two parcels and 

therefore no further work was necessary. 

At the time of the RI/FS for the Phase 

I Parcels, it was believed that there was 

groundwater contamination underlying 

all of the Phase I parcels. The human 

health risk assessment showed 

unacceptable risk if groundwater 

contact and use were unrestricted. The 

FS evaluated institutional controls as a 

remedy to restrict the property for 

commercial and industrial use only and 

to prevent exposure to the underlying 

groundwater. 

Selected Remedy—Phase I Parcels 

The Phase I Parcels ROD was signed 

in September 1998. The selected remedy 

in the Phase I ROD was institutional 

controls. This was a final remedy with 

respect to soils, and an interim remedy 

for groundwater. The selected remedy 

included the following components: 

fi Restricting the property for 

commercial and industrial use only. 

fi Not permitting soil excavation 

activities below a depth of 3 feet above 

the water table without prior approval 

of the Army. 

fi Not permitting construction of any 

subsurface structure for human 

occupation without the prior approval 

of the Army, PADEP, and the EPA. 

fi Restricting access or use of the 

groundwater underlying the property 

without the prior written approval of 

the Army, PADEP, and the EPA. 

Remedial Investigation and Feasibility 

Study (RI/FS)—Phase II Parcels 

Parcels 2–53, 2–54, and 2–70 (Phase II 

Parcels) 

No evidence of soil contamination 

was identified for these three parcels 

and therefore no further work was 

necessary. 

At the time of the Phase II transfer, it 

was believed that the groundwater 

underlying all of the Phase II parcels 

was contaminated with or potentially 

contaminated with volatile organic 

compounds. To expedite transfer, the 

Army and LIDA defined the Phase II 

parcels to exclude the groundwater. The 

Phase II parcels are defined to include 

only the surface structures and soil to a 

depth of 8 feet below ground surface (ft 

bgs), which is above the seasonal high 

groundwater table. The FS evaluated 

institutional controls as a remedy to 

prevent exposure to the underlying 

groundwater. 

Selected Remedy—Phase II Parcels 

The Phase II Parcels ROD was signed 

in July 2001. The Phase II ROD 

determined that no action is necessary 

to protect public health or welfare, or 

the environment from the soil at parcels 

2–53, 2–54 and 2–70. Because of the 

suspected groundwater contamination 

throughout the Phase II parcels, the 

selected interim remedy for 

groundwater in the Phase II ROD 

consisted of land use controls. The land 

use controls include the following 

restrictions: 

fi Prohibiting soil excavation, 

digging, drilling, or other soil-disturbing 

activities below a depth of 3 ft above the 

water table without the prior approval 

of the Army. 

fi Prohibiting access to or the use of 

the groundwater underlying the Phase II 

parcels without the prior approval of the 

Army, PADEP, and EPA. 

fi Prohibiting construction of any 

subsurface structure for human 

occupation without the prior approval 

of the Army, PADEP, and EPA. 

LIDA’s final reuse plan calls for 

industrial/commercial use for the 

majority of the Phase II parcels. There 

are zoning restrictions imposed by 

Greene Township to preclude 

residential use of land that includes 

Parcels 2–53, 2–54, and 2–70. However, 

those restrictions are independent of the 

NPL status of the Site and are not a 

result of environmental contamination. 

Remedial Investigation and Feasibility 

Study (RI/FS)—Phase III Parcels 

Soil 

Parcel 3–89: 

Parcel 3–89 comprises the majority of 

the Phase III parcels/SMSR area and is 

located in both the PDO and SE Areas. 

The parcel consists of approximately 

191 acres on the northern side of 

Carbaugh Avenue and the western side 

of Coffey Avenue. Soil investigations 

were conducted at the Open Vehicle 

Storage Area, Former Uncurbed 

Aboveground Storage Tank (AST) North 

of Building 532, and the Backwash 

Discharge Area from the Water 

Treatment Plant. The soil investigations 

are summarized in the following 

paragraphs. 

Open Vehicle Storage Area (OVSA) Site 

(Part of Soil OUs PDO OU 6 and SE OU 

8) 

The OVSA comprises the majority of 

Parcel 3–89. From approximately 1947 

and continuing until the spring of 1998, 

the OVSA site was used for the storage 

of military vehicles. The most recent 

past practice of storage required that the 

WReier-Aviles on DSKGBLS3C1PROD with RULES

43086 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

vehicles be drained of fluids (such as 

diesel fuel, oil, and other engine fluids) 

before being stored. However, 

interviews with former employees 

indicate that the vehicles were formerly 

stored ‘‘wet,’’ meaning that they were 

stored with the fluids still in the 

vehicle, and that the vehicles’ fluids 

may have leaked onto the ground before 

they were refurbished. 

Remedial Investigations were 

conducted at the OVSA site in 1998, 

1999, and 2000. The investigations 

showed possible risks associated with 

elevated levels of a group of 

semivolatile organic compounds 

(SVOCs) referred to as polycyclic 

aromatic hydrocarbons (PAHs) in soil. 

An engineering evaluation/cost analysis 

(EE/CA) was written to evaluate the 

need for a removal action. Based on the 

EE/CA findings a Removal Action was 

conducted in 2000. The cleanup levels 

used for the removal action were 

developed based on a future 

commercial/industrial post-removal 

reuse of the site. Approximately 45,000 

tons of soil contaminated with PAHs 

were excavated and disposed of at 

approved off-site waste disposal 

facilities. Confirmatory sampling 

conducted after the removal action 

showed that the remaining 

concentrations of PAHs were at or 

below risk-based standards. A postremoval risk assessment was performed 

assuming a future commercial/ 

industrial use as well as a potential 

future residential (unrestricted) use. The 

risk assessment showed concentrations 

of chemicals found in site soils, 

sediments, surface water, and 

groundwater posed no unacceptable 

risks to people, plants, or animals based 

on current and future commercial/ 

industrial reuse. Risks to people based 

on a theoretical future residential use 

are within acceptable limits. 

Former Uncurbed Aboveground Storage 

Tank (AST) North of Building 532 Site 

(Part of PDO OU 6) 

This is a small site that consists of a 

former aboveground storage tank (AST) 

area. Initially, there was an uncurbed 

single-walled AST (275 gallons) located 

north of Building 532 that stored 

gasoline used to fuel golf carts. This 

single-walled AST was replaced by a 

double-walled AST. It is unknown how 

long the single-walled AST was in 

service. The soils near the uncurbed 

AST were not investigated prior to the 

change in ASTs. The double-walled 

AST was still in place at the time of the 

remedial investigation in 1999; however 

the double-walled AST has 

subsequently been removed because the 

golf course converted to electric golf 

carts. 

An investigation was completed to 

determine if the operation of the former 

AST at the site had caused a release of 

contaminants to site soil. Soil sampling 

was performed in April 1999. Soil 

borings, soil sampling and analysis, data 

validation, and surveying were 

performed. The investigation results did 

not indicate any chemicals of concern 

(COCs) in soil and there were no 

potential sources of groundwater 

contamination found. Only two 

chemicals (acetone and lead) were 

identified as chemicals of potential 

concern (COPCs) based on a comparison 

of maximum chemical concentrations to 

the lowest regulatory residential 

benchmarks. However, the remedial 

investigation/risk assessment showed 

that concentrations of chemicals found 

in site soils pose no unacceptable risks 

to people based on current and likely 

future commercial/industrial use. Risks 

to people are also within acceptable 

limits based on a theoretical future 

residential use. There is minimal habitat 

available capable of sustaining plants 

and animals at this site; therefore, 

ecological risks were not evaluated. 

Backwash Discharge Area From the 

Water Treatment Plant Site (Part of SE 

OU 8) 

This site is located in the eastern part 

of the parcel along Coffey Avenue, near 

the water treatment plant for the potable 

water supply. In the past, sediments that 

accumulated in the raw water line were 

flushed out in the western area of the 

site. In the past, fluffy material (referred 

to as ‘‘flocculant’’), which primarily 

consists of suspended solids removed 

from the water during the treatment 

process, was discharged to the eastern 

area of the site for settling. 

An investigation was completed to 

determine if the former water treatment 

plant flocculant and backwash sediment 

disposal practices had caused a release 

of contaminants to site soil and 

sediments. Field activities were 

performed in October 1998. Soil 

borings, soil and drainage ditch soil 

sampling and analysis, sediment 

sampling and analysis, data validation, 

and surveying were performed. The 

investigation results did not indicate 

any COCs in soil and there were no 

potential sources of groundwater 

contamination found. Various metals 

were identified as COPCs based on a 

comparison of maximum chemical 

concentrations to the lowest regulatory 

residential benchmarks. However, the 

remedial investigation/risk assessment 

showed that concentrations of 

chemicals found in site soils pose no 

unacceptable risks to people, plants, or 

animals based on current and likely 

future commercial/industrial uses. Risks 

to people are also within acceptable 

limits based on a theoretical future 

residential use. 

Parcel 3–90 

Parcel 3–90 is approximately 8 acres 

in size and is located south of Carbaugh 

Avenue and west of Coffey Avenue. 

Parcel 3–90 is located in both the PDO 

and SE Areas. There are no structures 

on this parcel. This parcel is currently 

open land and has been an open area in 

the past with no apparent storage or 

industrial activities. No further work 

was necessary. 

Parcel 3–91 

Parcel 3–91 is approximately 1.5 acres 

in size and is located east of Coffey 

Avenue and north of Texas/Innovation 

Avenue in the southeastern corner of 

the SMSR. Parcel 3–91 is located 

entirely within the SE Area. There are 

no structures on Parcel 3–91. This 

parcel consists entirely of the western 

portion of the Building 400 Series Fire 

Training Area (FTA) site where 

industrial activities occurred. The 

Building 400 Series FTA area had been 

reportedly used in the past for a short 

period of time as a fire-fighting training 

area where a large metal pan was placed 

on the ground and filled with various 

flammable liquids, which were ignited. 

There was no record of the exact 

location of the pan, years of use, or 

when or if the pan was removed from 

the area when training activities ended. 

Historical aerial photographs from 1949 

and 1957 show several disturbed places 

in this area. Based on knowledge of 

typical fire-training activities at LEAD, 

materials burned at the site may have 

included waste oils. There were no 

structures or material/waste storage on 

the site at the time of the remedial 

investigation in 1998. The only 

structures in the vicinity of the site were 

several old barracks/office buildings, 

which are still located near the site. 

An investigation was completed to 

determine if the former fire training 

activities had caused a release of 

contaminants to site soil. Field activities 

were performed in September 1998. A 

geophysical survey, test trenching, soil 

sampling and analysis, data validation, 

and surveying were performed. The 

investigation results did not indicate 

any COCs in soil and there were no 

potential sources of groundwater 

contamination found. One VOC 

(acetone), two SVOCs (PAHs), various 

metals, and polychlorinated dibenzo-pdioxins/polychlorinated dibenzofurans 

(PCDDs/PCDFs) were identified as 

WReier-Aviles on DSKGBLS3C1PROD with RULES

Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 43087 

COPCs based on a comparison of 

maximum chemical concentrations to 

the lowest regulatory residential 

benchmarks. However, the remedial 

investigation/risk assessment showed 

that concentrations of chemicals found 

in site soils pose no unacceptable risks 

to people, plants, or animals based on 

current and likely future commercialindustrial use. Risks to people are also 

within acceptable limits based on a 

theoretical future residential use. 

Groundwater 

SMSR Groundwater 

As stated above, all of the parcels in 

this partial deletion are in the SMSR. 

The SMSR contains an area of shale 

bedrock surrounded by downgradient 

limestone bedrock. This shale bedrock 

is generally more resistant to weathering 

than the surrounding limestone 

formations and therefore, forms the 

‘‘highland’’ or elevated ridge areas. The 

SMSR straddles the boundary between 

the PDO and SE Area NPL Sites. Based 

on the geologic and topographic 

upgradient setting and the lack of 

industrial activities within the SMSR it 

was thought that the SMSR could be 

unaffected by the known and potential 

VOC sources located downgradient of 

the SMSR. Therefore a groundwater 

investigation was initiated in 1999 to 

prove that the SMSR was not impacted 

by any previous industrial activities at 

Letterkenny. Four rounds of 

groundwater sampling were conducted 

in late 1999 through 2000 and then in 

2002. Results of the sampling showed 

that there is no VOC groundwater 

contamination in the SMSR. Without 

VOC groundwater contamination there 

is no potential for vapor intrusion risk 

throughout the SMSR. A screening level 

risk assessment showed that risks to 

people based on current and future 

commercial/industrial use are within 

acceptable limits. Risks to people based 

on a possible, but unlikely, residential 

use (including human consumption of 

site groundwater) are within acceptable 

limits. Based on the finding of no VOC 

contaminated groundwater, the PDO 

portion of the SMSR was redefined as 

PDO OU 7 and the SE portion was 

redefined as SE OU 13. 

Parcels 2–53L, 2–54L, and 2–70L 

These parcels consist of land 

underneath parcels 2–53, 2–54, and 

2–70, which were previously transferred 

as part of the Phase II BRAC property 

transfer at LEAD. These parcels consist 

of land starting 8 ft. below ground 

surface and extending to the center of 

the earth. They are located in the 

southern part of the SMSR/Phase III area 

within SE OU 13. As stated above, in 

the Phase II transfer, the entire land area 

was not originally transferred because it 

was thought the groundwater located 

underneath the land was potentially 

contaminated with VOCs. These parcels 

were investigated as part of the SMSR 

groundwater investigation described 

previously. The Army has completed its 

investigation and risk assessment for the 

SMSR groundwater and found no 

environmental concerns at the site. The 

top portions of these parcels were 

transferred with an interim remedy for 

groundwater consisting of restrictions 

on soil excavation and groundwater use 

because at that time it was thought that 

the groundwater underneath the parcels 

was contaminated. The Phase III ROD 

stated that the soil excavation and 

groundwater restrictions could be 

removed. 

Selected Remedy—Phase III Parcels 

Soil 

As stated above, all parcels subject to 

this partial deletion are part of the 

SMSR for Parcel 3–89, the Army, EPA, 

and PADEP have determined that risks 

to people, plants, and animals from 

potential contact with soils/sediments 

were acceptable at the OVSA, Former 

Uncurbed AST North of Building 532, 

and the Backwash Discharge Area sites 

and that no action is necessary to 

protect public health or welfare or the 

environment. For the OVSA site, this 

conclusion is based on the conditions of 

the site following the removal action 

that was performed in 2000 when PAHcontaminated soil was removed from 

the site. There were no environmental 

concerns in Parcels 3–90 and 3–91. 

Groundwater 

Based on the findings of the SMSR 

groundwater investigation, there is no 

VOC groundwater contamination and 

thus no unacceptable risks from 

groundwater in this area. 

The Phase III ROD was signed in 

August 2003. Based on the results of the 

remedial investigations and risk 

assessments it was determined that No 

Further Action was necessary for the 

Phase III Parcels under CERCLA. The 

No Further Action remedy applies to the 

SMSR groundwater (PDO OU 7 and SE 

OU 13) and to the soils (PDO OU 6 and 

SE OU 8). In addition the ROD stated 

that no further action was necessary for 

the groundwater underlying Phase I 

Parcels 24, 27, 28 and Phase II Parcels, 

2–53, 2–54, 2–70 and the underlying 

Parcels 2–53L, 2–54L, and 2–70L 

because they are a part of SE OU 13. 

Response Actions/Cleanup Goals/ 

Operation & Maintenance 

There are no response actions, 

cleanup goals, or operation & 

maintenance due to the No Further 

Action decision in the Phase III ROD for 

both soils and groundwater. Land use 

controls restrict the use of Phase I 

parcels to commercial and industrial 

use only and prohibit residential use. 

Five-Year Review(s) 

EPA concurred with the Army’s first 

Five-Year Review for the PDO Area on 

March 12, 2007. EPA concurred on the 

first Five-Year Review for the SE Area 

in November 2001 and the second FiveYear Review for the SE Area on June 24, 

2008. 

In the 2007 Five-Year Review for the 

PDO Area, it was determined that the 

No Further Action Remedy for PDO OU 

7 and a portion of PDO OU 6 is still 

considered protective of human health 

and the environment. This Five-Year 

Review did not find any issues relating 

to the parcels included in this partial 

deletion. 

In the 2008 Five-Year Review for the 

SE Area, it was determined that the No 

Further Action Remedy for SE OU 13 

and a portion of SE OU 8 is still 

considered protective of human health 

and the environment. This Five-Year 

Review did not find any issues relating 

to the parcels included in this partial 

deletion. 

Pursuant to CERCLA section 121(c) 

and the NCP, the next PDO Area fiveyear review will be conducted in 2012 

and the next SE Area five-year review 

will be conducted in 2013 to ensure 

other OUs at each respective Superfund 

Site where waste was left in place are 

protective of human health and the 

environment. 

Community Involvement 

Public participation activities have 

been satisfied as required in CERCLA 

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

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

Documents in the deletion docket which 

EPA relied on for recommendation of 

the deletion from the NPL are available 

to the public in the information 

repositories. 

Public participation related to parcels 

in deletion package: 

—Phase I Proposed Plan public meeting 

held on April 7, 1998 to present the 

proposed remedy for the Phase I 

Parcels. 

—Phase II Proposed Plan public meeting 

held on February 22, 2001 to present 

the proposed remedy for the Phase II 

Parcels. 

—Phase III Proposed Plan public 

meeting held on April 23, 2003 to 

WReier-Aviles on DSKGBLS3C1PROD with RULES

43088 Federal Register / Vol. 75, No. 141 / Friday, July 23, 2010 / Rules and Regulations 

present the proposed remedy for the 

Phase III Parcels. 

Determination That the Criteria for 

Deletion Have Been Met 

No further response action under 

CERCLA is appropriate. EPA has 

determined based on the investigations 

conducted at these parcels and 

documented by the 3 RODs described 

above, that the Army has implemented 

all appropriate response actions 

required. Through the previous PDO 

and SE areas five-year reviews, EPA has 

also determined that the Phase III 

Parcels No Further Action remedy is 

considered protective of human health 

and the environment and, therefore, 

taking of additional remedial measures 

is not necessary. Other procedures 

required by 40 CFR 300.425(e) are 

detailed in Section III. 

V. Deletion Action 

The EPA, with concurrence dated 

March 2, 2010 of the Commonwealth of 

Pennsylvania through the Pennsylvania 

Department of Environmental 

Protection, has determined that all 

appropriate response actions under 

CERCLA have been completed. 

Therefore, EPA is deleting parcels 24, 

27, 28, 2–53, 2–53L, 2–54, 2–54L, 2–70, 

2–70L, 3–89, 3–90, and 3–91 of the 

Letterkenny Army Depot SE and PDO 

Areas Sites 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 21, 

2010 unless EPA receives adverse 

comments by August 23, 2010. If 

adverse comments are received within 

the 30-day public comment period, EPA 

will publish a timely withdrawal of this 

direct final notice of partial deletion 

before the effective date of the partial 

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 

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 12, 2010. 

William C. Early, 

Acting Regional Administrator, Region III. 

■ For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 

9601–9657; E.O. 12777, 56 FR 54757, 3 CFR 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 

3 CFR 1987 Comp., p. 193. 

■ 2. Table 2 of Appendix B to part 300 

is amended by revising the entries 

under Pennsylvania for ‘‘Letterkenny 

Army Depot (SE Area), Chambersburg’’ 

and ‘‘Letterkenny Army Depot (PDO 

Area), Franklin County’’ to read as 

follows: 

Appendix B to Part 300—National 

Priorities List 

TABLE 2—FEDERAL FACILITIES SECTION

State Site name City/County Notes (a) 

*******

PA ............................................ Letterkenny Army Depot (SE Area) ......................................... Chambersburg ........................ P 

* * * * * * * 

* * * * * * * 

PA ............................................ Letterkenny Army Depot (SE Area) ......................................... Franklin County ...................... P 

*******

(a)* * * 

*P= Sites with partial deletion(s). 

[FR Doc. 2010–17776 Filed 7–22–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Parts 24 and 27 

Personal Communications Services 

and Miscellaneous Wireless 

Communications Services 

CFR Correction 

In Title 47 of the Code of Federal 

Regulations, Parts 20 to 39, revised as of 

October 1, 2009, on page 148, § 24.232 

is revised and on page 336, in § 27.50, 

paragraph (d) is revised to read as 

follows: 

§ 24.232 Power and antenna height limits. 

(a)(1) Base stations with an emission 

bandwidth of 1 MHz or less are limited 

to 1640 watts equivalent isotropically 

radiated power (EIRP) with an antenna 

height up to 300 meters HAAT, except 

as described in paragraph (b) below. 

(2) Base stations with an emission 

bandwidth greater than 1 MHz are 

limited to 1640 watts/MHz equivalent 

isotropically radiated power (EIRP) with 

an antenna height up to 300 meters 

HAAT, except as described in paragraph 

(b) below. 

(3) Base station antenna heights may 

exceed 300 meters HAAT with a 

corresponding reduction in power; see 

Tables 1 and 2 of this section. 

(4) The service area boundary limit 

and microwave protection criteria 

specified in §§ 24.236 and 24.237 apply. 

TABLE 1—REDUCED POWER FOR BASE

STATION ANTENNA HEIGHTS OVER

300 METERS, WITH EMISSION BANDWIDTH OF 1 MHZ OR LESS

HAAT in meters Maximum 

EIRP watts 

≤300 .......................................... 1640 

≤500 .......................................... 1070 

≤1000 ........................................ 490 

≤1500 ........................................ 270 

≤2000 ........................................ 160 

WReier-Aviles on DSKGBLS3C1PROD with RULES