Federal Register / Vol. 78, No. 142 / Wednesday, July 24, 2013 / Rules and Regulations 44455 

Transfer and Advancement Act of 1995 

(NTTAA) (15 U.S.C. 272 note). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This action is not 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 16, 2013. 

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 § 180.176, add alphabetically the 

following commodities and the footnote 

to the table in paragraph (a) to read as 

follows: 

§ 180.176 Mancozeb; tolerances for 

residues. 

(a) * * * 

Commodity Parts per 

million 

* * * * * 

Tangerine1 .................................. 10 

* * * * * 

Walnut ......................................... 0.70 

* * * * * 

1There are no U.S. registrations for use of 

mancozeb on tangerine. 

* * * * * 

[FR Doc. 2013–17869 Filed 7–23–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1990–0010; FRL 9836–9] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Sola Optical U.S.A., Inc. 

Superfund Site 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 9 is publishing a 

direct final Notice of Deletion of the 

Sola Optical U.S.A., Inc. Superfund Site 

(Site), located in Petaluma, California, 

from the National Priorities List (NPL). 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(CERCLA) of 1980, as amended, is an 

appendix of the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). This direct 

final deletion is being published by EPA 

with the concurrence of the State of 

California, through the California 

Regional Water Quality Control Board— 

San Francisco Bay Region, because EPA 

has determined that all appropriate 

response actions under CERCLA have 

been completed. However, this deletion 

does not preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective September 23, 2013, unless 

EPA receives adverse comments by 

August 23, 2013. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final deletion 

in the Federal Register informing the 

public that the deletion will not take 

effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1990–0010, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• Email: rodriguez.dante@epa.gov. 

• Fax: (415)947–3528. 

• Mail: Dante Rodriguez, U.S. EPA 

Region 9, mail code SFD–8–2, 75 

Hawthorne Street, San Francisco, CA 

94105. 

• Hand delivery: U.S. EPA Region 9, 

75 Hawthorne Street, mail code SFD–8– 

2, San Francisco, CA 94105. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1900– 

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 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 email comment directly 

to EPA without going through http:// 

www.regulations.gov, your email 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket 

All documents in the docket are listed 

in the http://www.regulations.gov index. 

Although listed in the index, some 

information is not publicly available, 

e.g., CBI or other information whose 

disclosure is restricted by statue. Certain 

other material, such as copyrighted 

material, will be publicly available only 

in the hard copy. Publicly available 

docket materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

Superfund Records Center, 95 

Hawthorne St., Room 403, Mail Stop 

SFD–7C, San Francisco, CA 94105, 

(415) 536–2000, Mon–Fri: 8:00 a.m. to 

5:00 p.m.; 

or the Site Repository at 

Petaluma Public Library, 100 

Fairgrounds Drive, Petaluma, CA 

94952, (707) 763–9801, Mon, Thurs, 

Fri, Sat: 10:00 a.m. to 6:00 p.m., Tues, 

Wed: 10:00 a.m. to 9:00 p.m. 


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FOR FURTHER INFORMATION CONTACT: 

Dante Rodriguez, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 9, SFD–8–2, 75 

Hawthorne Street, San Francisco, CA 

94105, (415) 972–3166, email: 

rodriguez.dante@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents: 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region 9 is publishing this direct 

final Notice of Deletion of the Sola 

Optical U.S.A., Inc. Superfund site 

(Site), from the National Priorities List 

(NPL). 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). As described in 300.425(e)(3) of 

the NCP, sites deleted from the NPL 

remain eligible for Fund-financed 

remedial actions if future conditions 

warrant such actions. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective September 23, 

2013 unless EPA receives adverse 

comments by August 23, 2013. Along 

with this direct final Notice of Deletion, 

EPA is co-publishing a Notice of Intent 

to Delete in the ‘‘Proposed Rules’’ 

section of the Federal Register. If 

adverse comments are received within 

the 30-day public comment period on 

this deletion action, EPA will publish a 

timely withdrawal of this direct final 

Notice of Deletion before the effective 

date of the deletion, and the 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 to Delete 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 Sola Optical U.S.A., 

Inc. Superfund Site and demonstrates 

how it meets the deletion criteria. 

Section V discusses EPA’s action to 

delete the Site from the NPL unless 

adverse comments are received during 

the public comment period. 

II. NPL Deletion Criteria 

The NCP establishes the criteria that 

EPA uses to delete sites from the NPL. 

In accordance with 40 CFR 300.425(e), 

sites may be deleted from the NPL 

where no further response is 

appropriate. In making such a 

determination pursuant to 40 CFR 

300.425(e), EPA will consider, in 

consultation with the state, whether any 

of the following criteria have been met: 

i. Responsible parties or other persons 

have implemented all appropriate 

response actions required; 

ii. all appropriate Fund-financed 

response under CERCLA has been 

implemented, and no further response 

action by responsible parties is 

appropriate; or 

iii. the remedial investigation has 

shown that the release poses no 

significant threat to public health or the 

environment and, therefore, the taking 

of remedial measures is not appropriate. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the State of 

California prior to developing this direct 

final Notice of Deletion and the Notice 

of Intent to Delete co-published today in 

the ‘‘Proposed Rules’’ section of the 

Federal Register. 

(2) EPA has provided the state 30 

working days for review of this notice 

and the parallel Notice of Intent to 

Delete prior to their publication today, 

and the state, through the California 

Regional Water Quality Control Board— 

San Francisco Bay Region, has 

concurred on the deletion of the Site 

from the NPL. 

(3) Concurrently with the publication 

of this direct final Notice of Deletion, a 

notice of the availability of the parallel 

Notice of Intent to Delete is being 

published in a major local newspaper, 

the Petaluma Argus-Courier. The 

newspaper notice announces the 30-day 

public comment period concerning the 

Notice of Intent to Delete the Site from 

the NPL. 

(4) The EPA placed copies of 

documents supporting the proposed 

deletion in the deletion docket and 

made these items available for public 

inspection and copying at the Site 

information repositories identified 

above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this deletion action, EPA will 

publish a timely notice of withdrawal of 

this direct final Notice of Deletion 

before its effective date and will prepare 

a response to comments and continue 

with the deletion process on the basis of 

the Notice of Intent to Delete and the 

comments already received. 

Deletion of a site from the NPL does 

not itself create, alter, or revoke any 

individual’s rights or obligations. 

Deletion of a site from the NPL does not 

in any way alter EPA’s right to take 

enforcement actions, as appropriate. 

The NPL is designed primarily for 

informational purposes and to assist 

EPA management. Section 300.425(e)(3) 

of the NCP states that the deletion of a 

site from the NPL does not preclude 

eligibility for future response actions, 

should future conditions warrant such 

actions. 

IV. Basis for Site Deletion 

The following information provides 

EPA’s rationale for deleting the Site 

from the NPL: 

Site Background and History 

The Site (CAD981171523) is located 

at 1500 Cader Lane in the City of 

Petaluma in Sonoma County, California. 

The Site’s main property contains a 

manufacturing building and adjoining 

administration office building. Six 

underground storage tanks (USTs) were 

formerly located behind the north 

corner of the manufacturing facility. The 

Site building is currently occupied by 

three companies, which utilize the main 

facility building. There is a fence 

located along the eastern Site boundary. 

Since 2005, an asphalt parking lot and 

four building pads with the associated 

below grade infrastructure (i.e., 

electrical and plumbing) have been 

constructed on the auxiliary 11 acre lot, 

adjacent to the main property. 

Sola manufactured ophthalmic lenses 

at the facility from 1978 through 2001. 

The manufacturing process involved the 

injection of a catalyzed, thermosetting 

resin into a cavity between polished 

glass molds. The mold assembly was 

then placed in an air oven to cure the 

resin. The assembly was removed from 

the oven and subsequently put through 

a cleaning process before the production 

was repeated. The six USTs were used 

to store solvents such as 1,1,1- 

trichloroethane (1,1,1-TCA), acetone, 

and methanol. 

In May 1982, Sola found low 

concentrations of volatile organic 

compound (VOC) contamination in the 

groundwater beneath the Site, near the 

six USTs. In 1983, the San Francisco 

Regional Water Quality Control Board 

(Regional Board) directed Sola to 

investigate the contamination, and 1,1- 


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dichloroethane (1,1-DCA), 1,1- 

dichloroethene (1,1-DCE), methylene 

chloride, and 1,1,1-TCA were identified 

in the groundwater. In July 1985, Sola 

excavated and removed the six USTs. 

When the tanks were removed, there 

were no signs of leakage from the tanks; 

however, observations of the tank fill 

pipes and surrounding backfill showed 

staining on the pipes and in the adjacent 

backfill. It was concluded that the 

groundwater contamination might be a 

result of accidental spillage adjacent to, 

or leakage from, the fill pipes. 

The tank removal included excavation 

of gravel backfill materials and three to 

five feet of native soil from the sides and 

bottom of the excavation pit. 

Confirmation sampling identified the 

presence of three contaminants: acetone, 

1,1-DCE, and trans-1,2-dichloroethene. 

Based on these findings, an additional 

two feet of soil was excavated from the 

eastern wall of the former tank area. 

Further confirmation sampling 

demonstrated the presence of VOCs, 

including acetone. No additional 

excavation was performed. 

In July 1986, soil gas samples were 

collected from 40 locations, ranging 

from three to five feet bgs, to determine 

if VOCs were migrating from shallow 

groundwater and to aid in selection of 

locations for groundwater monitoring 

and extraction wells. Chemicals 

detected in the soil gas included: 

chloroform, carbon tetrachloride, 1,1- 

DCA, 1,1-DCE, tetrachloroethene (PCE), 

and 1,1,1-TCA. Maximum 

concentrations were found 

approximately 70 feet downgradient 

from the location of the former USTs. 

In 1987, the Regional Board ordered 

Sola to construct and operate a 

groundwater extraction and treatment 

system (GWTS). Sola conducted the 

activities, with the treated groundwater 

being discharged into Adobe Creek, just 

northwest of the Site, under a permit 

from the Regional Board. The extraction 

and treatment system began operating in 

1988. Sola also arranged to have the City 

of Petaluma shut down the nearby 

municipal water supply well, to avoid 

interference with the groundwater 

clean-up efforts and prevent potential 

use of Site-impacted groundwater. 

In 1989, EPA became the lead 

regulatory agency for remedial activities 

at the Site. On June 24, 1988, the Site 

was proposed for NPL Listing (53 

Fed.Reg. 23987). On February 21, 1990, 

EPA added the Site to the National 

Priorities List of Superfund sites (55 

Fed.Reg. 6153). Soon thereafter, EPA 

issued an administrative order directing 

Sola to conduct further environmental 

sampling and to prepare a remedial 

investigation report and a feasibility 

study of clean-up options, both of which 

Sola completed in 1991. 

Ongoing or Potential Redevelopment 

The 35-acre Sola property is zoned for 

industrial use. Land-use in the 

surrounding area is industrial, 

commercial, residential, and 

undeveloped land. The adjacent 

property to the west of the Site was 

previously owned by Stero Company, a 

manufacturer of dishwashers. There are 

residential subdivisions to the north and 

northwest of the Site, approximately 

200 feet away. Property east of the Site 

is used for office space and the Harvest 

Christian School. 

The approximately 11-acre (889,060 

square feet) previously undeveloped 

auxiliary lot in the southwest portion of 

the Site was purchased by RNM Cader, 

L.L.C. (RNM) for development in 

approximately 2001. An asphalt parking 

lot and four building pads with the 

associated below grade infrastructure 

were constructed between 2005 and 

2010. The approximately 24-acre main 

lot of the Sola property, including the 

buildings, was sold to Kland, L.L.C. in 

2002. The buildings include the original 

manufacturing building, the adjoining 

administration office building, and a 

parking lot surrounding the buildings. 

Three commercial tenants currently 

occupy the Site building: Petaluma 

Poultry, Reynolds Packaging, and Scott 

Laboratories. Petaluma Poultry conducts 

sales and distribution of poultry; 

Reynolds Packaging conducts storage 

and distribution of food packaging 

materials; and Scott Laboratories 

conducts manufacturing and finishing 

of cork for the wine industry. 

Remedial Investigation and Feasibility 

Study (RI/FS) 

Twelve chemicals of potential 

concern were cited in the Record of 

Decision for the Site in 1991 (1991 

ROD): acetone, butanone, 1,1-DCA, 1,2- 

dichloroethane (1,2-DCA), 1,1-DCE, 

Freon 113, 4-methyl-2-pentanone, PCE, 

toluene, 1,1,1-TCA, 1,1,2- 

trichloroethane (1,1,2-TCA), and 

trichloroethene (TCE). Contamination 

was found in the soil (acetone ranging 

up to 54 milligrams per kilogram (mg/ 

kg) and 1,1-DCE at 0.051 mg/kg), and in 

the groundwater (primarily 1,1-DCA, 

1,1-DCE, 1,1,1-TCA, and Freon-113). 

The highest contaminant concentration 

in groundwater was 1,1-DCE (3,300 

micrograms per liter [mg/L]), detected in 

shallow well W–14 located 

downgradient of the former UST area. 

The wells on the downgradient edge of 

the Site indicated that the VOC 

contamination at the edge of the Sola 

property was at or below the clean-up 

standards. 

The risk assessment presented in the 

1991 ROD indicated an excess lifetime 

cancer risk based on use of on-site 

contaminated groundwater for drinking 

water of 1 × 10¥4 (1 person out of 

10,000 people), primarily from 1,1-DCE. 

The non-carcinogenic risk estimate for 

contaminated groundwater indicated 

that no adverse non-carcinogenic health 

effects were expected. 

The ecological assessment identified 

Adobe Creek as the closest surface water 

body to the Site and as a site of a local 

project to reintroduce anadromous 

steelhead trout to the creek. However, 

water quality samples from groundwater 

monitoring wells installed between the 

Sola property and Adobe Creek did not 

detect any contaminants, indicating that 

discharge of contaminants to surface 

water had not occurred. In addition, 

contaminants detected in groundwater 

at the Site were below their 

corresponding federal surface water 

quality criteria for the protection of 

aquatic life. 

Selected Remedy 

EPA issued the ROD on September 27, 

1991. The Remedial Action Objective 

(RAO) was to restore groundwater to its 

beneficial use, which is drinking water. 

The 1991 ROD determined that an 

expanded GWTS was the most 

appropriate method for remediating 

contamination at the Site. The selected 

site remedy consisted of the following 

elements: 

• Groundwater monitoring to assure 

capture of contaminated groundwater 

and to demonstrate restoration of 

groundwater to cleanup standards 

throughout the aquifer 

• Operation of existing extraction 

wells (8) 

• Construction and operation of two 

additional shallow extraction wells 

• Conversion of monitoring wells LF– 

13 and LF–17 to deep extraction wells 

• Construction and operation of 

additional piping for the new and 

converted wells 

• On-site treatment and discharge offsite or to the City of Petaluma sewage 

treatment system. 

A ROD Amendment was signed on 

March 30, 2007, modifying the 1991 

ROD but leaving intact its remedial 

action objective of restoring 

groundwater to its beneficial use as 

drinking water. The 2007 ROD 

Amendment addressed two issues: 

(1) groundwater clean-up, and (2) 

Institutional Controls (ICs). The ROD 

Amendment includes the following 

elements: 


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• Monitored Natural Attenuation 

(MNA) to achieve groundwater clean-up 

standards 

• ICs to protect against inappropriate 

use of the contaminated groundwater 

until the clean-up standards are 

achieved 

• Monitoring of both components 

until clean-up standards are achieved 

and sustained. 

Response Actions 

Sola expanded the system in 1992, 

pursuant to the 1991 ROD and a 

Unilateral Administrative Order issued 

by EPA, and continued its operations. 

EPA signed an ‘‘Interim Close-out 

Report’’ in 1992 to document 

completion of the construction and 

operability of the system. This report 

served as the Preliminary Close-out 

Report and as the Remedial Action 

Report. 

The system was expected to restore 

the shallow groundwater to clean-up 

standards within 15–20 years. Initially, 

concentrations of the VOC 

contamination decreased significantly. 

By 1997, however, the rate of 

contaminant reduction had decreased. 

Groundwater monitoring data at four 

wells showed that concentrations of two 

contaminants, 1,1-DCE and 1,1,-DCA, 

appeared to have stabilized and reached 

an asymptote at levels above the cleanup standards. Continued monitoring 

reflected no further reductions in 

contaminant concentrations. Some areas 

of the contaminated aquifer had 

achieved the clean-up standard of 5 

parts per billion for 1,1-DCA but not the 

entire plume. The extraction and 

treatment system was no longer 

effectively removing these lower 

concentrations of contaminants from the 

groundwater. As a result, Sola shut off 

the extraction and treatment system and 

monitored the groundwater. 

The concentrations of the two 

remaining contaminants slowly 

declined. In 2001, Sola analyzed the 

data gathered since system shut-down 

in 1997 and presented its evaluation of 

MNA, following EPA guidance. Sola’s 

evaluation concluded that extraction 

and treatment alone would not be 

capable of achieving the clean-up 

standard for the remaining areas, but 

MNA likely would be. EPA indicated it 

would proceed with amending the 1991 

ROD to establish MNA as the new 

remedy. The extraction and treatment 

system was decommissioned in 2002. 

Sampling results showed 

concentrations of the two contaminants 

continuing to decline. In March 2007, 

EPA signed the ROD Amendment that 

formally selected MNA and ICs. No 

additional facilities were constructed for 

the implementation of the ROD 

Amendment. 

Sola conducted the semi-annual 

sampling through December 2009, 

followed by one groundwater 

monitoring event conducted in 2010, 

none in 2011, and one in 2012. In 2012, 

EPA determined that the clean-up 

standards had been achieved and 

sustained, as documented in a Remedial 

Action Report for the MNA remedy, 

signed on May 11, 2012. 

Institutional Controls 

The 2007 ROD Amendment added a 

requirement that ICs be implemented to 

protect against inappropriate use of the 

contaminated groundwater until the 

clean-up standards are achieved. 

The IC that has been implemented at 

the Site involves the local well 

permitting department, the County of 

Sonoma Permit and Resource 

Management Department (CSPRMD) 

placing a note within its system, 

indicating that the parcel is part of a 

Superfund site and that well permits 

should not be issued before consulting 

with the CSPRMD and EPA. If anyone 

requests a permit for the Sola Site 

parcel, this note would appear. This 

control was implemented in October 

2011 (Sonoma County, 2011). 

Cleanup Goals 

Site closure criterion was agreed upon 

by the Site team in January 2006, in 

response to recommendations presented 

in the five-year review report. It was 

agreed that groundwater monitoring at 

well W–27 would be continued until it 

was demonstrated that the cleanup goal 

for 1,1-DCA (i.e., the California 

Maximum Contaminant Limit (MCL) of 

5 mg/l) and other VOCs had been 

maintained for four consecutive 

semiannual sampling events, or a 

minimum of two years. At that time, 

1,1-DCA was the only constituent whose 

concentration in groundwater remained 

above the MCL. 

The 1,1-DCA concentrations in well 

W–27 have been below the MCL in three 

of the last four monitoring events, and 

have remained below the MCL since 

June 2010 (greater than two years). In 

addition, the July 2012 1,1-DCA 

concentration is the lowest ever 

detected in this well, indicating the 

continued attenuation of 1,1-DCA. The 

1,1-DCE concentration has also 

decreased from the June 2010 

concentration to below the laboratory 

reporting limit of 0.5 mg/l. 

The decreasing trend of 1,1-DCA 

concentrations in well W–27 was 

assessed using both the concentrationversus-time graph and a Mann-Kendall 

trend analysis. 

Based on the two consecutive years of 

VOC concentrations below their 

respective MCLs and the decreasing 

concentration trend, EPA believes the 

groundwater cleanup standards have 

been achieved and the Site can be 

closed-out. 

Operation and Maintenance 

No operation and maintenance (O&M) 

activities are required at this site. All 

clean-up goals have been met, 

consisting of attaining drinking water 

MCL standards in the groundwater. No 

further remedial actions or O&M thereof 

are required. No ICs are required to 

remain in place. 

Five-Year Review 

No further five-year reviews will be 

conducted, as they are no longer 

required. No wastes were left in place 

above an unlimited use, unrestricted 

exposure level. To date, three five-year 

reviews have been conducted. These 

reviews were conducted because 

contaminant levels in the groundwater 

exceeded the ROD clean-up standards. 

The groundwater has since attained all 

clean-up standards. 

Summary of Last Five-Year Review 

The most recent five-year review was 

completed in September 2010 and 

contained the following Protectiveness 

Statement: ‘‘The remedy at the Sola Site 

currently protects human health and the 

environment because the groundwater 

contamination has been reduced below 

drinking water standards (MCLs) in all 

but a very limited area around one well, 

no exposure pathways to the remaining 

contamination exist, and no one is using 

the groundwater resource. However, in 

order for the remedy to be protective in 

the long-term, the following actions 

need to be taken: The well permitting 

restriction IC within the CSPRMD 

Permits Plus system must be properly 

implemented to ensure the 

protectiveness of the remedy. Determine 

whether the restrictive covenant IC is 

required to protect human health in the 

short-term, and implement it if so.’’ As 

a result, EPA has insured proper 

implementation of the well permitting 

restriction IC and has determined that 

the restrictive covenant IC was not 

needed because the groundwater cleanup standard had been attained. 

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. 

Community involvement activities were 

conducted at the site, as required, 

during major steps of the CERCLA 


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process, including the 1991 Record of 

Decision, 2007 Record of Decision 

Amendment, and the 2000, 2005 and 

2010 Five Year Reviews. Such 

community involvement activities 

included making site documents 

available to the public, publishing 

public notices in local newspapers, and 

providing public comment 

opportunities. 

EPA’s community involvement 

activities associated with this deletion 

will consist of placing the deletion 

docket in the local site information 

repository and placing a public notice 

(of EPA’s intent to delete the site from 

the NPL) in a local newspaper of general 

circulation. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The implemented remedy achieves 

the degree of cleanup specified in the 

ROD and ROD Amendment for all 

pathways of exposure. All selected 

remedial action objectives and clean-up 

goals are consistent with agency policy 

and guidance. No further Superfund 

responses are needed to protect human 

health and the environment at the Site. 

The NCP (40 CFR 300.425(e)) states 

that a site may be deleted from the NPL 

when no further response action is 

appropriate. EPA, in consultation with 

the State of California, has determined 

that all required response actions have 

been implemented, and no further 

response action by the responsible 

parties is appropriate. 

V. Deletion Action 

The EPA, with concurrence of the 

State of California through the 

California Regional Water Quality 

Control Board—San Francisco Bay 

Region, 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 23, 

2013 unless EPA receives adverse 

comments by August 23, 2013. 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 15, 2013. 

Jane Diamond, 

Director, Water Division, U.S. EPA Region 

9. 

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 1 of Appendix B to part 300 

is amended by removing the entry ‘‘Sola 

Optical U.S.A., Inc.’’, ‘‘Petaluma’’. 

[FR Doc. 2013–17828 Filed 7–23–13; 8:45 am] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Public Health Service 

42 CFR Part 5 

Designation of Health Professional(s) 

Shortage Areas 

CFR Correction 

■ In Title 42 of the Code of Federal 

Regulations, Parts 1 to 399, revised as of 

October 1, 2012, on page 80, in 

Appendix C to Part 5, in Part III, 

paragraph c.1., following the phrase ‘‘as 

having a mental health professional(s)’’, 

insert the word ‘‘shortage’’ before the 

comma. 

[FR Doc. 2013–17858 Filed 7–23–13; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Public Health Service 

42 CFR Part 137 

Tribal Self-Governance 

CFR Correction 

In Title 42 of the Code of Federal 

Regulations, Parts 1 to 399, revised as of 

October 1, 2012, on page 932, in the 

second column, the heading ‘‘Subpart 

P—Secretarial Responsibilities’’ is 

corrected to read ‘‘Subpart O— 

Secretarial Responsibilities’’. 

[FR Doc. 2013–17859 Filed 7–23–13; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF TRANSPORTATION 

Surface Transportation Board 

49 CFR Part 1141 

[Docket No. EP 715] 

Rate Regulation Reforms 

AGENCY: Surface Transportation Board. 

ACTION: Final rules. 

SUMMARY: The Surface Transportation 

Board (Board) changes some of its 

existing regulations and procedures 

concerning rate complaint proceedings. 

The Board previously created two 

simplified procedures to reduce the 

time, complexity, and expense of rate 

cases. The Board now modifies its rules 

to remove the limitation on relief for 

one simplified approach, and to raise 

the relief available under the other 

simplified approach. The Board also 

makes technical changes to the full and 

simplified rate procedures; changes the 

interest rate that railroads must pay on 

reparations if they are found to have 

charged unreasonable rates; and 

announces future proceedings on 

options for addressing cross-over traffic 

and on proposals to address the 

concerns of small agricultural shippers. 

The purpose of these actions is to 

ensure that the Board’s simplified and 

expedited processes for resolving rate 

disputes are more accessible. 

DATES: These rules are effective on 

August 17, 2013. 

ADDRESSES: Information or questions 

regarding these final rules should 

reference Docket No. EP 715 and be in 

writing addressed to: Chief, Section of 

Administration, Office of Proceedings, 

Surface Transportation Board, 395 E 

Street SW., Washington, DC 20423– 

0001. 

FOR FURTHER INFORMATION CONTACT: 

Lucille Marvin, The Board’s Office of 

Public Assistance, Governmental 

Affairs, and Compliance at (202) 245– 

0238. Assistance for the hearing 

impaired is available through the 

Federal Information Relay Service 

(FIRS) at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: The Board 

modifies some of its existing regulations 

and procedures regarding rate complaint 

proceedings and announces two future 

proceedings. The Board’s actions are 


ehiers on DSK2VPTVN1PROD with RULES