5930 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 

§ 52.519 Identification of plan-conditional 

approval. 

EPA is conditionally approving a 

revision to the Florida State 

Implementation Plan (SIP) consisting of 

a new citrus statute (Florida Statute 

403.08725), as well as implementing 

regulations (62–210.340 F.A.C.) based 

upon a commitment from the State to 

adopt specific enforceable measures by 

March 7, 2006. If the State fails to meet 

its commitment by March 7, 2006, the 

approval is treated as a disapproval.

[FR Doc. 05–2072 Filed 2–3–05; 8:45 am] 

BILLING CODE 6560–50–P

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[FRL–7868–6] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List

AGENCY: Environmental Protection 

Agency.

ACTION: Direct final rule of deletion of 

the Southern Maryland Wood Treating 

Superfund Site from the National 

Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region III is publishing a 

direct final rule of deletion of the 

Southern Maryland Wood Treating 

Superfund Site (Site), located in 

Hollywood (St. Mary’s County), 

Maryland, from the National Priorities 

List (NPL). 

The NPL, promulgated pursuant to 

section 105 of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980, as amended (CERCLA), is 

Appendix B of 40 CFR part 300, which 

is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP). This direct final rule of deletion 

is being published by EPA with the 

concurrence of the State of Maryland, 

through the Maryland Department of the 

Environment (MDE), because EPA has 

determined that all appropriate 

response actions under CERCLA have 

been completed and, therefore, further 

remedial action pursuant to CERCLA is 

not appropriate.

DATES: This direct final rule deletion 

will be effective April 5, 2005, unless 

EPA receives adverse comments by 

March 7, 2005. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final rule 

deletion in the Federal Register

informing the public that the deletion 

will not take effect.

ADDRESSES: Comments may be mailed 

to: Robert Sanchez, Remedial Project 

Manager, U.S. EPA Region III (3HS23), 

1650 Arch Street, Philadelphia, PA 

19103–2029, (215) 814–3451. 

Information Repositories:

Comprehensive information about the 

Site is available for viewing and copying 

at the Site information repositories 

located at: U.S. EPA Region III, Regional 

Center for Environmental Information 

(RCEI), 1650 Arch Street (2nd Floor), 

Philadelphia, PA 19103–2029, (215) 

814–5254, Monday through Friday, 8 

a.m. to 5 p.m.; and in Maryland at the 

St. Mary’s County Library, 23250 

Hollywood Road, Leonardtown, MD 

20650 (301) 475–2846, Monday through 

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

FOR FURTHER INFORMATION CONTACT:

Robert Sanchez, Remedial Project 

Manager, U.S. EPA Region III (3HS23), 

1650 Arch Street, Philadelphia, PA 

19103–2029, (215) 814–3451 or 1–800–

553–2509.

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 III is publishing this 

direct final notice of deletion of the 

Southern Maryland Wood Treating 

Superfund Site from the NPL. 

The EPA identifies sites that appear to 

present a significant risk to public 

health or the environment and 

maintains the NPL as the list of those 

sites. As described in § 300.425(e)(3) of 

the NCP, sites deleted from the NPL 

remain eligible for remedial actions if 

conditions at a deleted site warrant such 

action. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

taking it without prior publication of a 

notice of intent to delete. This action 

will be effective April 5, 2005, unless 

EPA receives adverse comments by 

March 7, 2005, on this document or the 

parallel notice of intent to delete 

published in the ‘‘Proposed Rules’’

section of today’s Federal Register. If 

adverse comments are received within 

the 30-day public comment period on 

this notice or the notice of intent to 

delete, 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 Southern Maryland 

Wood Treating 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 

Section 300.425(e) of the NCP 

provides that releases may be deleted 

from the NPL where no further response 

is appropriate. In making a 

determination to delete a Site from the 

NPL, EPA shall 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 

(Hazardous Substance Superfund 

Response Trust Fund) 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. 

Even if a site is deleted from the NPL, 

where hazardous substances, pollutants, 

or contaminants remain at the deleted 

site above levels that allow for 

unlimited use and unrestricted 

exposure, CERCLA section 121(c), 42 

U.S.C. 9621(c), requires that a 

subsequent review of the site be 

conducted at least every five years after 

the initiation of the remedial action at 

the deleted site to ensure that the action 

remains protective of public health and 

the environment. If new information 

becomes available which indicates a 

need for further action, EPA may initiate 

remedial actions. 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 

deletion of the Site: 

(1) EPA consulted with the State of 

Maryland on the deletion of the Site 

from the NPL prior to developing this 

direct final notice of deletion. 

(2) The State of Maryland has 

concurred with deletion of the Site from 

the NPL. 

Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 5931

(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 published 

today in the ‘‘Proposed Rules’’ section 

of the Federal Register is being 

published in a major local newspaper of 

general circulation at or near the Site 

and is being distributed to appropriate 

Federal, State, and local government 

officials and other interested parties; the 

newspaper notice announces the 30-day 

public comment period concerning the 

notice of intent to delete the Site from 

the NPL. 

(4) EPA placed copies of documents 

supporting the deletion in the Site 

information repositories identified 

above. 

(5) If adverse comments are received 

within the 30-day public comment 

period on this notice or the companion 

notice of intent to delete also published 

in today’s Federal Register, EPA will 

publish a timely notice of withdrawal of 

this direct final notice of deletion before 

its effective date. 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. 

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 History and Characteristics 

Land and Resource Use 

The Southern Maryland Wood 

Treating Site is approximately 25 acres 

in size and is located on a 94-acre parcel 

of land just west of Maryland Route 235 

approximately one mile north of 

Hollywood, Maryland. The upland 

portion of the Site where most of the 

remedial work took place is 

approximately 25 acres. The remainder 

of the Site is situated in or near a flood 

plain area. Title of the property which 

constitutes the Site is being held by a 

bankruptcy trustee. The Site is bounded 

by residential, agricultural and wooded 

tracts of land. The Site is the head 

waters of Old Tom’s Run which 

eventually flows into Breton Bay and 

then into the Potomac River. 

History of Contamination/Response 

Actions 

The Site was owned and operated by 

the Southern Maryland Wood Treating 

Corporation from 1965 to 1978 as a 

pressure treatment wood preservation 

facility. Creosote and 

pentachlorophenol (PCP) were used as 

wood preservatives by the facility. Six 

unlined lagoons were used for disposal 

of liquid wastes from the process. As a 

result of such disposal practices, onsite 

soils and ground water beneath the 

lagoons became contaminated. Nonaqueous phase liquids (NAPLs), both 

light (LNAPLs) and dense (DNAPLs), 

were found in the subsurface beneath 

the lagoons and above the underlying 

clay layer. Additionally, due to ground 

water discharge to the onsite pond from 

the lagoon area, surface water and 

sediments in the onsite pond and 

sediments in Old Tom’s Run (east and 

west tributaries) became contaminated. 

Storage of treated wood onsite resulted 

in surface soil contamination in the 

northern section of the site and 

northeast tank area. 

On March 14, 1985, EPA initiated its 

first response action, namely a removal 

action, at the Site after the discovery of 

contaminated material seeping into the 

onsite freshwater pond. During the 

removal action EPA excavated 1,400 

cubic yards of contaminated sediments 

from the freshwater pond. The 

sediments were stabilized with cement 

kiln dust and encapsulated on the Site, 

and remained on the Site until a final 

treatment. The Site was promulgated on 

the National Priorities List on June 10, 

1986. In 1988, EPA concluded a 

Remedial Investigation (RI) and 

Feasibility Study (FS) for the Site. Based 

on the findings of these studies, EPA 

issued a Record of Decision on June 29, 

1988 (1988 ROD). In the 1988 ROD 

EPA’s selected remedy consisted of the 

construction of a subsurface barrier wall 

around the former lagoon area, 

excavation and onsite incineration of 

contaminated soil and pumping and 

treatment of contaminated ground 

water. Construction of the substance 

barrier (sheet pile wall) was completed 

in November of 1990. By May 1992, 

design of the incinerator and the ground 

water treatment system were 95% 

complete. At that point, local citizens 

and local government entities expressed 

opposition to an onsite incinerator. The 

design work was suspended and EPA 

proposed to conduct a Focused 

Feasibility Study (FFS) to reevaluate the 

remedy for the Site. 

On June 29, 1993, a second removal 

action was initiated to address certain 

immediate threats at the Site while the 

FFS was being conducted. This action 

included the demolition of several 

buildings that were in danger of 

collapse; the removal and off-site 

disposal of liquid and solid waste in 

numerous tanks and retorts; maintaining 

the pile of previously excavated and 

stabilized sediment; the construction of 

an underflow dam to reduce the amount 

of contaminated material migrating from 

the onsite pond into the west tributary 

stream; the construction of a trench 

upgradient of the pond to collect 

contaminated ground water, and the 

construction of a water treatment 

facility. The water treatment plant 

(WTP–1) became fully operational in 

1995. 

The Focused Feasibility Study (FFS) 

was completed in February 1995. Based 

on the FFS, the EPA issued a second 

Record of Decision on September 8, 

1995 (1995 ROD). In this 1995 ROD, 

EPA revised the remedy selected in the 

1988 ROD from incineration to thermal 

desorption which the community 

accepted as the remedy. In addition to 

excavation of the upland area, some 

excavation in the small tributary stream 

that receives storm water runoff from 

the former lagoon area was conducted.

Two large continuous thermal 

desorption units with vapor recovery 

units were constructed on-site and 

became operational in June 1998. Soil 

treatment operations continued until 

October 6, 2000. At that point, 

approximately 270,600 tons of 

contaminated soils and sediments had 

been successfully treated. The Site was 

re-graded and re-vegetated with a 

diverse mixture of wildflowers and 

grains suitable for wildlife habitant. 

Demobilization activities began in 

October 2000 and continued until 

December 2000. 

Cleanup Standards 

During the excavation and thermal 

desorption process, but before 

backfilling was conducted, all treated 

soil was sampled to determine if 

contaminants had been properly 

removed from the soils and sediments. 

Based on this sampling, EPA 

determined that all of the treated Site 

soils were cleaned to the required 

performance standards. These standards 

were established in the 1995 ROD as 

Remedial Action Objectives (‘‘RAOs’’). 

The RAOs set soil clean-up levels of 0.1 

ppm Benzo (a) Pyrene (B(a)P) equivalent 

for surface soils (within two feet of the 

surface) and 1.0 ppm B(a)P equivalent 

5932 Federal Register / Vol. 70, No. 23 / Friday, February 4, 2005 / Rules and Regulations 

for subsurface soils (below two feet from 

the surface). However, during the 

remedial action data showed that in 

areas where the Site soils were below 

the Benzo (a) Pyrene (B(a)P) clean-up 

levels there were still high levels of 

pentachlorophenol (PCP) in the soil. To 

assure that the soil in these areas was 

treated, a non-significant change to the 

1995 ROD was issued by EPA on March 

5, 1999. This non-significant change 

established a cleanup level of 5.0 ppm 

PCP. In addition, another nonsignificant change was the use of treated 

soils from the Site as backfill below the 

water table. These treated soils were 

required to meet a clean-up level of 1.7 

ppm PCP. This change from the 1995 

ROD was announced during the public 

meeting on November 7, 1996 and 

documented in the ‘‘Site Specific Work 

Plan,’’ dated July 1997. 

Post Closure Monitoring 

A Post Closure Monitoring Plan, dated 

November 2000, was prepared to verify 

the success of the cleanup. The plan 

required sampling a network of 

monitoring wells throughout the Site 

including one well at the center of the 

former lagoon area. In addition the plan 

required the evaluation of the restored 

uplands and wetlands areas that had 

undergone excavation, backfilling, and 

re-vegetation. The monitoring wells 

were sampled quarterly from October 

2000 to September 2002. Samples were 

analyzed for target compounds such as 

semi-volatiles, polynuclear aromatic 

hydrocarbons (PAH), and 

pentachlorophenol (PCP). All the 

sampling results showed that levels for 

these contaminants were well below 

their respective Maximum Contaminant 

Levels (MCLs) established under the 

Safe Drinking Water Act, 42 U.S.C. 300f 

et seq. Formal inspections of the 

wetland and upland areas were 

conducted concurrently with the 

monitoring well sampling effort. These 

areas showed no signs of erosion. All 

disturbed wetland areas have stabilized. 

The disturbed uplands areas are 

currently stabilized with grass, and the 

overall upland area is showing 95 

percent total herbaceous coverage. After 

completion of sampling in September 

2002 all monitoring wells and the 600-

foot deep production well were 

subsequently closed out in accordance 

with MDE regulations for well 

abandonment. The production well 

required special close-out procedures 

involving blasting. The concern for this 

very deep well was that ground water 

from the upper non-potable aquifer 

could migrate down to the lower potable 

aquifer along possible voids on the 

outside of the well sleeve. Complete 

separation of these two aquifers was 

assured by blasting the well sleeve open 

at a point where there was an 

impervious clay layer between the 

upper and lower aquifers and then 

pumping in grout material to seal the 

well. 

Five-Year Review 

EPA has completed two Five-Year 

Reviews for this Site. The first was 

completed on September 30, 1994 and 

the second on September 30, 1999. 

Since the clean-up was ongoing these 

reviews were not required by statute, 

but were conducted as a matter of 

policy. 

Five-Year Reviews are required at 

sites where the remedial action results 

in hazardous substances, pollutants or 

contaminants remain at the site above 

levels that allow for unrestricted use 

and unrestricted exposure. The response 

actions conducted at the Southern 

Maryland Wood Treating Site are now 

complete, and allow for unlimited use 

and unrestricted exposure, thus no 

additional Five-Year Reviews will be 

conducted for this Site. 

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 Site docket which 

EPA relied on for recommendation of 

the deletion of the Site from the NPL are 

available to the public in the 

information repositories. 

V. Deletion Action 

EPA, with the concurrence of the 

State of Maryland, has determined that 

all appropriate responses under 

CERCLA have been completed at the 

Site, and that no further response 

actions are necessary. 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 of a 

notice of intent to delete. This action 

will be effective April 5, 2005, unless 

EPA receives adverse comments by 

March 7, 2005, on this notice or the 

parallel notice of intent to delete 

published in the ‘‘Proposed Rules’’

section of today’s Federal Register. 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 and EPA will also 

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: January 26, 2005. 

Richard J. Kampf, 

Acting Regional Administrator, Region III.

■ For the reasons set out in the preamble, 

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.

Appendix B—[Amended]

■ 2. Table 1 of Appendix B to Part 300 

is amended under Maryland (‘‘MD’’) by 

removing the site name ‘‘Southern 

Maryland Wood Treating, Hollywood.’’

[FR Doc. 05–2058 Filed 2–3–05; 8:45 am] 

BILLING CODE 6560–50–P

GENERAL SERVICES 

ADMINISTRATION

41 CFR Chapter 301

[FTR Amendment 2005–01; FTR Case 2005–

301]

RIN 3090–AI03

Federal Travel Regulation; Privately 

Owned Vehicle Mileage 

Reimbursement

AGENCY: Office Governmentwide Policy, 

GSA.

ACTION: Final rule.

SUMMARY: This final rule amends the 

mileage reimbursement rate for use of a 

privately owned vehicle on official 

travel to reflect current costs of 

operation as determined in cost studies 

conducted by the General Services 

Administration (GSA). The governing 

regulation is revised to increase the 

mileage allowance for advantageous use 

of a privately owned airplane from 

$0.995 to $1.07 per mile, the cost of 

operating a privately owned automobile 

from $0.375 to $0.405 per mile, and the 

cost of operating a privately owned 

motorcycle from $0.285 to $0.305 per 

mile.