21786 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

* * * * *

§ 180.1082 [Removed]

3. By removing § 180.1082 Crosslinked polyurea-type encapsulating

polymer (Alachlor); exemption from the

requirement of a tolerance.

[FR Doc. 95–10867 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 185

[OPP–300260A; FRL–4951–8]

RIN 2070–AC18

Acephate, Triadimefon, Iprodione, and

Imazalil; Revocation of Food Additive

Regulations; Reopening and Extension

of Comment Period

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule; Reopening and

extension of comment period.

SUMMARY: EPA is reopening and

extending until June 2, 1995, the

comment period for a proposed rule that

was published in the Federal Register of

January 18, 1995 (60 FR 3607) that

proposed the revocation of certain

section 409 food additive regulations

established under the Federal Food,

Drug and Cosmetic Act (FFDCA) for four

chemicals: acephate, triadimefon,

iprodione, and imazalil. The original

comment period on the proposal

extended until April 18, 1995, but

because of the unavailability of certain

documents in the docket, the comment

period is being extended.

DATES: Written comments, identified by

the document control number [OPP300360A], must be received on or before

June 2, 1995.

ADDRESSES: By mail, submit written

comments to: Public Response Section,

Field Operations Division (7506C),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460. In

person, bring comments to: Rm. 1132,

CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA 22202.

Information submitted as a comment

concerning this document may be

claimed confidential by marking any

part or all of that information as

‘‘Confidential Business Information’’

(CBI). Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice. All written

comments will be available for public

inspection in Rm. 1132 at the Virginia

address given above, from 8 a.m. to 4

p.m., Monday through Friday, excluding

legal holidays.

Comments and data may also be

submitted electronically by sending

electronic mail (e-mail) to: oppdocket@epamail.epa.gov. Electronic

comments must be submitted as an

ASCII file avoiding the use of special

characters and any form of encryption.

Comments and data will also be

accepted on disks in WordPerfect in 5.1

file format or ASCII file format. All

comments and data in electronic form

must be identified by the docket

number, [OPP-300360A]. No CBI should

be submitted through e-mail. Electronic

comments on this proposed rule may be

filed online at many Federal Depository

Libraries. Additional information on

electronic submissions can be found

below in this document.

FOR FURTHER INFORMATION CONTACT: By

mail: Niloufar Nazmi, Special Review

and Reregistration Division (7508W),

Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460.

Office location and telephone number:

Rm. WF32C5, Crystal Station #1, 2800

Crystal Drive, Arlington, VA 22202,

(703)-308-8028; e-mail:

nazmi.niloufar@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: A record

has been established for this rulemaking

under docket number [OPP-300360A]

(including any comments and data

submitted electronically as described

below). A public version of this record,

including printed, paper versions of

electronic comments, which does not

include any information claimed as CBI,

is available for inspection from 8 a.m. to

4 p.m., Monday through Friday,

excluding legal holidays. The public

record is located in Rm. 1132 of the

Public Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency,

Crystal Mall #2, 1921 Jefferson Davis

Hwy., Arlington, VA.

Electronic comments can be sent

directly to EPA at:

opp-Docket@epamail.epa.gov.

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption.

The official record for this

rulemaking, as well as the public

version, as described above will be kept

in paper form. Accordingly, EPA will

transfer all comments received

electronically into printed, paper form

as they are received and will place the

paper copies in the official rulemaking

record which will also include all

comments submitted directly in writing.

The official rulemaking record is the

paper record maintained at the address

in ‘‘ADDRESSES’’ at the beginning of

this document.

List of Subjects in 40 CFR Part 185

Administrative practice and

procedure, Agricultural commodities,

Food additives, Pesticides and pests,

Processed foods, Reporting and

recordkeeping requirements.

Dated: April 25, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 95–10869 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 300

[FRL–5197–1]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to delete Alpha

Chemical Corporation Site from the

National Priorities List: request for

comments.

SUMMARY: The Environmental Protection

Agency (EPA) Region IV announces its

intent to delete the Alpha Chemical

Corporation Site from the National

Priorities List (NPL) and requests public

comment on this proposed action. The

NPL is codified as Appendix B of the

National Oil and Hazardous Substances

Pollution Contingency Plan (NCP), 40

CFR part 300, which EPA promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act (CERCLA) of 1980, as amended.

EPA and the State of Florida

Department of Environmental Protection

(FDEP) have determined that the Site

poses no significant threat to public

health or the environment and therefore,

no further response pursuant to

CERCLA is appropriate.

DATES: Comments concerning this Site

may be submitted on or before: June 2,

1995.

ADDRESSES: Comments may be mailed

to: Joe Franzmathes, Director, Waste

Management Division, U.S.

Environmental Protection Agency, 345

Courtland Street, N.E., Atlanta, Georgia

30365.

Comprehensive information on this

Site is available through the Region IV
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules 21787

public docket, which is available for

viewing at the Alpha Chemical

Corporation information repositories at

two locations. Locations, contacts,

phone numbers and viewing hours are:

U.S. EPA Record Center, attn: Shannon

Neal, 345 Courtland Street, N.E.,

Atlanta, Georgia 30365, Phone: (404)

347–0506. Hours: 8:00 a.m. to 4:00

p.m., Monday through Friday, by

appointment only;

Lakeland Public Library, 100 Lake

Morton Drive, Lakeland, Florida

33801, Phone: (813) 499–8242, Hours:

9:00 a.m. to 9:00 p.m., Monday

through Thursday, 9:00 a.m. to 5:00

p.m., Friday and Saturday, 1:30 p.m.

to 5:00 p.m., Sunday.

FOR FURTHER INFORMATION CONTACT:

Barbara Dick, U.S. EPA Region IV, Mail

Code: WD–SSRB, 345 Courtland Street,

N.E., Atlanta, Georgia 30365, (404) 347–

2643 x6273.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

I. Introduction

The EPA Region IV announces its

intent to delete the Alpha Chemical

Corporation Site, Lakeland, Florida,

from the NPL, which constitutes

Appendix B of the NCP, 40 CFR Part

300, and requests comments on this

deletion. EPA identifies sites on the

NPL that appear to present a significant

risk to public health, welfare, or the

environment. Pursuant to Section

300.425(e)(3) of the NCP, any site

deleted from the NPL remains eligible

for Fund-financed remedial actions if

conditions at the site warrant such

action.

EPA proposes to delete the Alpha

Chemical Corporation Site at 4620 N.

Galloway Road, Lakeland, Florida 33809

from the NPL.

EPA will accept comments

concerning this Site for thirty days after

publication of this notice in the Federal

Register.

Section II of this notice explains the

criteria for deleting sites from the NPL.

Section III discusses procedures that

EPA is using for this action. Section IV

discusses how this Site meets the

deletion criteria.

II. NPL Deletion Criteria

The NCP establishes the criteria that

the Agency uses to delete sites from the

NPL. In accordance with 40 CFR Section

300.425(e), sites may be deleted from or

recategorized on the NPL where no

further response is appropriate. In

making this determination, EPA shall

consider, in consultation with the State,

whether any of the following criteria

have been met:

(i) Responsible or other parties have

implemented all appropriate response

actions required;

(ii) All appropriate Fund-financed

responses under CERCLA have been

implemented and no further 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, taking of

remedial measures is not appropriate.

Whenever there is a significant release

from a site deleted from the NPL, the

site may be restored to the NPL without

the application of the Hazardous

Ranking System.

III. Deletion Procedures

The following procedures were used

for the intended deletion of the Site:

1. FDEP has concurred with the

deletion decision;

2. A notice has been published in

local newspapers and has been

distributed to appropriate Federal, State

and local officials, and other interested

parties announcing a 30-day public

comment period on the proposed

deletion from the NPL; and

3. The Region has made all relevant

documents available at the information

repositories.

The Region will respond to significant

comments, if any, submitted during the

comment period.

Deletion of the Site from the NPL does

not itself create, alter, or revoke any

individual rights or obligations. The

NPL is designed primarily for

informational purposes to assist Agency

management.

A deletion occurs when the Regional

Administrator places a final notice in

the Federal Register. Generally, the NPL

will reflect any deletions in the final

update following the Notice. Public

notices and copies of the

Responsiveness Summary, if any, will

be made available to local residents by

the Regional office.

IV. Basis for Intended Site Deletion

The following site summary provides

the Agency’s rationale for the intention

to delete this Site from the NPL.

The Alpha Chemical Corporation Site

in western Polk County, Florida

encompasses 32 acres of land. Since

1967 Alpha Resins Corporation (ARC)

has manufactured polyester resins at the

Site and until 1976 discharged

wastewater from the resin

manufacturing into two onsite surface

impoundments. The ponds operated as

percolation basins under a permit with

the FDEP. In 1976 a thermal oxidizer

was installed and water was no longer

placed into the percolation ponds.

By 1977 the smaller of the two

permitted ponds had dried. This

unlined pond was used as a solid waste

landfill for ARC and its employees for

approximately one year. A dam was

constructed in the center of the other

wastewater pond and half was lined in

concrete after pumping the sediments

and water into the other half. The

concrete-lined pond received caustic

wash waste and did not discharge any

of the waste stream to the environment.

This concrete-lined pond was later

filled with soil. The unlined pond

remained; however, its use was

discontinued.

In October 1981 Alpha Chemical

Corporation was one of the original sites

proposed for placement on the NPL. In

the early 1980’s EPA collected samples

from the Site and offsite wells, and in

1983 FDEP issued an Environmental

Groundwater Assessment report. The

report determined that groundwater

contamination was confined to the

surficial aquifer and had not migrated

offsite. Contaminants detected onsite

included ethylbenzene, xylene,

naphthalene, and benzene. Alpha

Chemical Corporation became a final

site on the first NPL list in September

1983.

ARC installed ground water

monitoring wells and sampled the soil

and groundwater and found phthalates,

halogenated and non-halogenated

volatile organic compounds (VOCs),

phenols, polynuclear aromatic

hydrocarbons (PAHs), and non-priority

pollutants such as benzyl alcohol and

benzoic acid in groundwater from the

shallow onsite monitoring wells. ARC

signed a consent order with FDEP in

March 1985 to perform a Remedial

Investigation (RI), Endangerment

Assessment (EA), and if necessary, a

Feasibility Study (FS).

The EA concluded that the

contaminated samples are confined to a

few sampling locations. Groundwater

sampling results in 1987 from all

groundwater monitoring wells and sand

point wells showed an overall trend of

decreasing levels of constituents in the

groundwater. No positively identified

constituents were detected in the

shallow monitoring wells located

immediately south of the wetland,

indicating offsite migration was

unlikely.

FDEP and EPA met the community in

a public meeting in November 1986, to

discuss the EA and RI and again in a

1988 public meeting to discuss the

results of the FS. EPA and FDEP
21788 Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules

1Zero level MCLGs are not used as ARARs,

instead the MCL is used if applicable and

appropriate. 40 CFR 300.430(e)(2)(i)(C).

addressed questions from the audience

concerning health effects, aquifer

characteristics, onsite landfill impacts,

sampling efforts, remedial alternatives,

and monitoring.

In May 1988 EPA signed a Record of

Decision (ROD) selecting a remedy for

the Alpha Chemical Corporation Site.

The ROD called for placing a low

permeability cap over the small unlined

pond and long-term monitoring of the

surface and groundwater to ensure that

the remedy is effective and that the

landfill continues to meet the applicable

and relevant or appropriate

requirements (ARARs). (Section

121(d)(2)(A) of CERCLA, 42 U.S.C.

§ 9621(d)(2)(A), requires with respect to

any contaminant that will remain on

site after the remedy is complete, that

the degree of cleanup must meet all

ARARs.)

A consent decree between EPA and

ARC was entered into court in May

1989, requiring ARC to perform the

remedial design/remedial action (RD/

RA) and to record appropriate deed

restrictions. The remedial design

consisted of capping the unlined pond

with a synthetic low permeability cap.

The cap design ensured that surface

runoff would be diverted and vertical

infiltration would be prevented.

The remedial action involved

removing water from the unlined pond

and filling with clean clay soil. A

synthetic low permeability liner and

layers of drainage material, filter fabric,

and topsoil were placed over the

compacted fill material. Drainage swales

were installed around the cap to prevent

vertical infiltration. The cap surface was

seeded and drainage ditches sodded to

preclude erosional damage to the cap.

Construction of the cap over the unlined

pond required two weeks and was

completed on September 15, 1989. EPA

sent out fact sheets to inform the public

that remedial construction had been

completed. During the following year,

ARC decided to sod the cap as an extra

measure of precaution against the threat

of erosion.

The ROD identified groundwater and

surface water cleanup standards for five

indicator chemicals at the site. One of

these chemicals, 1,2-dichloropropane,

was not detected in groundwater at the

time the ROD was written and another

chemical, benzoic acid, did not have a

groundwater cleanup value; therefore,

the ROD required periodic monitoring

for only three contaminants,

ethylbenzene, styrene, and total xylenes.

Quarterly groundwater samples taken

from two monitoring wells have been

analyzed for these three compounds

since the remedial action construction

was complete in September 1989. Six

other wells selected for monitoring in

the Remedial Design/Remedial Action

Project Operations Plan (POP) were

eliminated from the monitoring

requirements since the three

contaminants being monitored in these

wells were consistently below

contingency levels, often at non-detect

levels. Prior to site close out, it was

confirmed that 1,2-dichloropropane was

still not present in the groundwater.

When the ROD was issued in 1988,

the Agency had established

Recommended Maximum Contaminant

Levels (RMCLs) for four of the five

groundwater contaminants at the Alpha

Chemical Corporation Site. These

RMCLs were also used as the

contingency levels, or cleanup goals, in

the POP and are shown in the table

below. Since then EPA has established

MCL Goals (MCLGs) and MCLs for these

four contaminants at the site. The fifth

contaminant, benzoic acid, did not have

a RMCL nor does it have a MCLG or

MCL. The protective groundwater

values for the four contaminants have

changed as follows:

Contaminant

Recommended

MCL

(ug/l)

MCL

goal

(ug/l)

MCL

(ug/l)

1,2-

Dichloropropane ................... 6 0 5

Xylene ............... 440 10,000 10,000

Styrene .............. 140 100 100

Ethylbenzene .... 680 700 700

In addition, the ROD required

groundwater monitoring to ensure that

source control (the cap and landfill)

achieved the clean-up standards

identified in the ROD as ARARs. The

Agency is now confident that the

remedy, as carried out pursuant to the

ROD, is, and will continue to be,

protective of human health and the

environment, because the post-ROD,

more protective MCL levels have been

attained at this Site for 1,2-

dichloropropane and styrene.1 In

addition, the other two contaminants of

concern, xylene and ethylbenzene, have

attained RMCLs, which are the clean-up

standards established in the ROD.

The Agency has groundwater

monitoring data showing that

groundwater downgradient of the

landfill has attained all ARARs, as

identified in the ROD. Monitoring

results have shown that groundwater

concentrations of xylene have

consistently been below the RMCL and

MCLG for 10 years in all monitoring

wells being monitored. Since one

detection at 100 ug/l in 1990, styrene

has been below both the RMCL and the

MCLG in all groundwater samples.

Concentrations of ethylbenzene in the

groundwater have been below the RMCL

and MCLG since 1991, with the

exception of a detection of 690 ug/l in

December 1992 and 1200 ug/l in June

1994. Overall monitoring results clearly

show these minor exceedances are

isolated cases. This data demonstrates

the effectiveness of the source control

remedy selected in the ROD as the

preferred alternative for protecting

human health and the environment at

the Site.

The ROD also required surface water

monitoring to be conducted to confirm

surface water ARARs were being

attained and specified surface water

values for ambient criteria for protection

of fresh water life for the five

contaminants. Prior to site close out, all

five contaminants were confirmed to be

below the surface water values cited in

the ROD. Current ARARs for surface

water are the Florida Surface Water

Quality Criteria and the Federal

Ambient Quality Criteria; however, no

state or federal criteria values have been

designated for any of the five

contaminants. Freshwater quality

screening values for 1,2-

dichloropropane and ethylbenzene have

been established by Region IV Waste

Management Division and these two

contaminants have not been found in

surface water above the screening

values. In addition, the three VOCs

constantly being monitored over the

long-term have either not been detected

or were detected at low levels in surface

water samples.

As required by the consent decree,

ARC has recorded approriate deed

restrictions for the property.

In summary, sampling results from all

monitoring wells and surface water

collections confirm that the

contaminants have decreased to levels

below ARARs and that all appropriate

actions have been taken to ensure that

the Site remains protective of human

health and the environment. ARC’s

inspections of the cap have indicated

that the remedy is performing as

designed.

EPA completed a Five-Year Review at

the Site to determine whether the cap

remains effective in 1994. Review

activities included a Site visit, a

reassessment of the ARARs, and

sampling. The Five-Year Review and

monitoring results have demonstrated

that the remedy at Alpha Chemical

Corporation Site has been effective at
Federal Register / Vol. 60, No. 85 / Wednesday, May 3, 1995 / Proposed Rules 21789

meeting the ARARs. EPA has met the

requirement for performing a five-year

review at the Site, as specified in

Section 121(c) of SARA. The next fiveyear review will check future problems

and be performed no later than February

1999.

Confirmational monitoring of

groundwater demonstrates that no

significant risk to public health or the

environment is posed by the Site. The

results of the monitoring confirmed that

the remedy is effective and that the

landfill continues to meet ARARs.

EPA, with concurrence of FDEP, has

determined that all appropriate actions

at the Alpha Chemical Corporation Site

have been completed, and that no

further response is necessary. Therefore,

EPA is proposing deletion of the Site

from the NPL.

Dated: April 11, 1995.

Patrick M. Tobin,

Acting Regional Administrator, USEPA

Region IV.

[FR Doc. 95–10750 Filed 5–2–95; 8:45 am]

BILLING CODE 6560–50–P