Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations 6613 

docket where indicated under 

ADDRESSES. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine Safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Security measures, 

Waterways. 

Words of Issuance and Regulatory Text 

■ For the reasons discussed in the 

preamble, the Coast Guard amends 33 

CFR part 165 as follows: 

PART 165—SAFETY ZONES AND 

SECURITY ZONES 

■ 1. The authority citation for part 165 

continues to read as follows: 

Authority: 33 U.S.C. 1226, 1231; 46 U.S.C. 

Chapter 701; 50 U.S.C. 191, 195; 33 CFR 

1.05–1, 6.04–1, 6.04–6, and 160.5; Pub. L. 

107–295, 116 Stat. 2064; Department of 

Homeland Security Delegation No. 0170.1. 

■ 2. A new § 165.768 is added to read 

as follows: 

§ 165.768 Security Zone; MacDill Air Force 

Base, Tampa Bay, FL. 

(a) Location. The following area is a 

security zone which exists concurrent 

with an Army Corps of Engineers 

restricted area in § 334.635 of this title. 

All waters within Tampa Bay, Florida in 

the vicinity of MacDill Air Force Base, 

including portions of the waters of 

Hillsborough Bay, Old Tampa Bay, and 

Tampa Bay, encompassed by a line 

connecting the following coordinates: 

latitude 27°51′52.901′′ N., longitude 

82°29′18.329′′ W., thence directly to 

latitude 27°52′00.672′′ N., longitude 

82°28′51.196′′ W., thence directly to 

latitude 27°51′28.859′′ N., longitude 

82°28′10.412′′ W., thence directly to 

latitude 27°51′01.067′′ N., longitude 

2°27′45.355′′ W., thence directly to 

latitude 27°50′43.248′′ N., longitude 

82°27′36.491′′ W., thence directly to 

latitude 27°50′19.817′′ N., longitude 

82°27′35.466′′ W., thence directly to 

latitude 27°49′38.865′′ N., longitude 

82°27′43.642′′ W., thence directly to 

latitude 27°49′20.204′′ N., longitude 

82°27′47.517′′ W., thence directly to 

latitude 27°49′06.112′′ N., longitude 

82°27′52.750′′ W., thence directly to 

latitude 27°48′52.791′′ N., longitude 

82°28′05.943′′ W., thence directly to 

latitude 27°48′45.406′′ N., longitude 

82°28′32.309′′ W., thence directly to 

latitude 27°48′52.162′′ N., longitude 

82°29′26.672′′ W., thence directly to 

latitude 27°49′03.600′′ N., longitude 

82°30′23.629′′ W., thence directly to 

latitude 27°48′44.820′′ N., longitude 

82°31′10.000′′ W., thence directly to 

latitude 27°49′09.350′′ N., longitude 

82°32′24.556′′ W., thence directly to 

latitude 27°49′38.620′′ N., longitude 

82°33′02.444′′ W., thence directly to 

latitude 27°49′56.963′′ N., longitude 

82°32′45.023′′ W., thence directly to 

latitude 27°50′05.447′′ N., longitude 

82°32′48.734′′ W., thence directly to 

latitude 27°50′33.715′′ N., longitude 

82°32’45.220′′ W., thence directly to a 

point on the western shore of the base 

at latitude 27°50′42.836′′ N., longitude 

82°32′10.972′′ W. 

(b) Definitions. The following 

definition applies to this section. 

Designated representative means Coast 

Guard Patrol Commanders including 

Coast Guard coxswains, petty officers 

and other officers operating Coast Guard 

vessels, and federal, state, and local 

officers designated by or assisting the 

Captain of the Port St. Petersburg 

(COTP), in the enforcement of regulated 

navigation areas, safety zones, and 

security zones. 

(c) Regulations. In accordance with 

the general regulations in § 165.33 of 

this part, entry into, anchoring, 

mooring, or transiting this zone by 

persons or vessels is prohibited without 

the prior permission of the Coast Guard 

Captain of the Port St. Petersburg or a 

designated representative. 

Dated: January 16, 2008. 

J.A. Servidio, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector St. Petersburg. 

[FR Doc. E8–1765 Filed 2–4–08; 8:45 am] 

BILLING CODE 4910–15–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002 Notice 4; 

FRL–8523–7] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan National Priorities List Update 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final notice of deletion of 

the Industrial Waste Control Superfund 

Site from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is publishing a 

direct final notice of deletion of the 

Industrial Waste Control Superfund Site 

(Site), located near Fort Smith, Arkansas 

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 

appendix B of 40 CFR Part 300, which 

is 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 Arkansas, through the 

Arkansas Department of Environmental 

Quality (ADEQ), 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 notice of 

deletion will be effective April 7, 2008 

unless EPA receives adverse comments 

by March 6, 2008. If adverse comments 

are received, EPA will publish a timely 

withdrawal of the direct final notice of 

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–1983–0002 Notice 4, by one of 

the following methods: 

http://www.regulations.gov: (Follow 

the on-line instructions for submitting 

comments). 

E-mail: walters.donn@epa.gov. 

Fax: 214–665–6660. 

Mail: Donn Walters, Community 

Involvement, U.S. EPA Region 6 (6SF–

TS), 1445 Ross Avenue, Dallas, TX 

75202–2733, (214) 665–6483 or 1–800–

533–3508. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–SFUND–1983–

0002 Notice 4. 

EPA 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, 

disclosure of which is restricted by 

statute. Do not submit information that 

you consider to be CBI or otherwise 

protected. 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 automatically be 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 


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6614 Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations 

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 disclosure of which 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 at http:// 

www.regulations.gov or in hard copy at 

the information repositories. 

Information Repositories: 

Comprehensive information about the 

Site is available for viewing and copying 

during central standard time at the Site 

information repositories located at: U.S. 

EPA Region 6, 1445 Ross Avenue, Suite 

700, Dallas, Texas 75202–2733, (214) 

665–6617, by appointment only Monday 

through Friday 9 a.m. to 12 p.m. and 1 

p.m. to 4 p.m.; Fort Smith Public 

Library, 3201 Rogers Avenue, Ft. Smith, 

AR 72903, (479) 783–0229, Monday 

through Thursday, 9 a.m. to 9 p.m., 9 

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

Saturday and 1 p.m. to 5 p.m. Sunday, 

Arkansas Department of Environmental 

Quality (ADEQ), 5301 Northshore Drive, 

North Little Rock, Arkansas 72118, (501) 

682–0744, Monday through Friday 8 

a.m. to 4:30 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Shawn Ghose M.S., P.E., Remedial 

Project Manager (RPM), U.S. EPA 

Region 6 (6SF–RA), 1445 Ross Avenue, 

Dallas, TX 75202–2733, (214) 665–6782 

or 1–800–533–3508 or 

ghose.shawn@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 

The EPA Region 6 office is publishing 

this direct final notice of deletion of the 

Industrial Waste Control 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 7, 2008 unless 

EPA receives adverse comments by 

March 6, 2008 on this document. If 

adverse comments are received within 

the 30-day public comment period on 

this document, 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. The 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 Industrial Waste 

Control Superfund Site, and 

demonstrates how it meets the deletion 

criteria. Section V discusses EPA 

actions 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 that 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) The EPA consulted with ADEQ on 

the deletion of the Site from the NPL 

prior to developing this direct final 

notice of deletion. 

(2) ADEQ concurred with deletion of 

the Site from the NPL. 

(3) Concurrent with publication of 

this direct final notice of deletion, a 

notice of 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) The 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 document, 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 this Site 

from the NPL. 


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Site Location 

The IWC Site is 8 miles southeast of 

Ft. Smith, in Sebastian County, 

Arkansas. It is 1 mile west of the town 

of Jenny Lind and 4.5 miles east of the 

town of Bonanza. It can be reached by 

taking Highway 71 approximately 8 

miles south of Ft. Smith, turning east on 

Bonanza Rd. for about one mile then 

turning south on the second entrance to 

Racetrack Road. The Site is the eight 

acre tract of elevated land enclosed 

within a six foot chain link fence at the 

south end of the Racetrack Rd loop less 

than a mile from Bonanza Rd. 

Site History 

The Site is located in a historic coal 

mining region which dates back to the 

late 1800’s. There is an extensive 

network of abandoned underground 

coal mines north of the Site operated 

from the 1890s through 1932. In the 

mid-1940’s, a surface strip mine was 

placed in operation at the Site to recover 

coal which was too shallow to mine by 

underground methods. The extent of the 

final narrow strip mine was 

approximately 40 feet deep and 2,000 

feet long. The western half of this strip 

mine was ultimately converted into a 

commercial industrial waste landfill in 

the late 1960s. 

A full permit to receive industrial 

waste at the Site was issued by the 

Arkansas Department of Pollution 

Control and Ecology (currently known 

as the Arkansas Department of 

Environmental Quality or ADEQ) to 

GNJ, Inc. on May 24, 1974. In August of 

1974 the Site was sold and renamed the 

Industrial Waste Control Landfill (IWC). 

The IWC operations included the 

landfill and surface impoundments. The 

facility received waste from industrial 

plants in and around Ft. Smith. The 

surface impoundments were 

constructed sometime in the late 

summer or early fall of 1975. They were 

used to store and evaporate liquid 

wastes received at the Site. Drums were 

deposited in two isolated drum disposal 

areas. 

In response to ADEQ’s directives 

concerning a surface impoundment 

release the operator stopped accepting 

liquid solvents in mid-1977. Closure 

activities were initiated shortly 

thereafter. On August 8, 1978 the ADEQ 

was notified that the landfill had been 

closed and covered with compacted 

material and graded to ensure adequate 

surface drainage. 

The EPA initiated investigations at 

the Site in 1980 in response to an ADEQ 

1979 report of a surface impoundment 

leachate problem. As a result, the IWC 

site was placed on the NPL on 

December 30, 1982. The Site Remedial 

Action Master Plan was completed by 

the EPA on September 30, 1983. The 

EPA notified potentially responsible 

parties (PRPs) who organized into the 

IWC Steering Committee (‘‘the 

Committee’’) in November of 1983. The 

Committee met with the regulatory 

agencies in November of 1983 to discuss 

voluntary remediation and the following 

studies were undertaken by the EPA and 

the Committee respectively. 

Remedial Investigation and Feasibility 

Study (RI/FS) 

The EPA’s Remedial Investigation (RI) 

report and Endangerment Assessment 

(EA) were completed on March 31, 

1986, and its Feasibility Study (FS) was 

completed on June 3, 1986. The EPA 

authorized the Committee under an 

agreed Administrative Order to conduct 

an independent remedial investigation 

referred to as the Hydrological and 

Waste Quantification Study (HWQS). 

The HWQS was conducted from March 

through July 1987. All field 

investigation activities conducted by the 

Committee were overseen by the EPA, 

and coordinated through the ADEQ. The 

HWQS report was submitted to the 

Agencies in October of 1987. A 

Supplemental Feasibility Study and 

Supplemental Endangerment 

Assessment were prepared by the 

Committee and submitted to the 

Agencies in February 1988. 

The Endangerment Assessments (EA) 

were conducted to identify the potential 

risks to public health and the 

environment. The general EA 

conclusions were that the exposure 

pathways did not present an 

unacceptable risk; significant 

concentrations of constituents of 

concern (COC) had not migrated off site; 

most COC were non-carcinogens; and 

without a transport mechanism COC did 

not present an unacceptable risk to 

groundwater. The selected response 

action took these risk factors into 

account. 

The Committee’s FS evaluated 

remedy options and proposed a 

remedial action plan which included 

removing the surface impoundments 

and drum disposal areas, treating soils 

with constituents of concern above 

clean up criteria, placement of the 

treated soils in the surface 

impoundment excavation, controlling 

migration and infiltration by installing 

slurry wall/french drain system, 

covering the surface with a full RCRA 

cap and cover, and securing the entire 

Site within a secure 6 foot chain link 

fence topped with three barb wire 

strands and controlling access. 

The EPA and the ADEQ determined 

that the proposed remediation 

alternative met the mandates of 

Superfund Amendments and 

Reauthorization Act (SARA). A press 

release and a fact sheet summarizing the 

alternative were distributed to the 

general local population and interested 

parties on April 19, 1988. A public 

meeting was held with the area 

residents and local officials on May 9, 

1988 at the South Sebastian County 

Courthouse. Written comments and 

questions were received during the 

comment period which ended June 2, 

1988. The EPA’s Record of Decision 

(ROD) was signed on June 28, 1988. 

Record of Decision 

The Record of Decision (ROD) 

established remediation objectives. The 

objectives were to remove buried drums 

in Area C and D and dispose of all 

liquids in an offsite RCRA facility; treat 

contaminated soils above clean up 

criteria from Areas C, D, and 09B to pass 

the RCRA Toxicity Characteristic 

Leaching Procedure (TCLP) and solidify 

the treated soil in the Area C excavation; 

install a french drain to intercept and 

divert shallow groundwater around the 

Site, and a slurry wall to prevent 

migration of onsite groundwater. 

Groundwater encountered during 

remediation excavation was to be 

collected and treated to meet effluent 

limitations or mixed with the stabilized 

soils to meet TCLP limits. Solid and 

liquid wastes generated during RI were 

to be characterized and treated and 

disposed on or offsite as appropriate. A 

multi-layered RCRA cap was to be 

constructed to cover the entire site area. 

A surface drainage ditch was to be 

constructed on the upgradient side of 

the RCRA cap to divert surface run-on 

around the covered Site. Land use 

restrictions and a security fence were to 

be put in place to prevent development 

of the site. Upgradient and 

downgradient groundwater was to be 

monitored, and the effectiveness of the 

remedy was to be verified every five 

years. 

The objectives of the ROD were to be 

implemented in accordance with the 

Remedial Action Plan (RAP), which 

outlined the general conceptual 

procedures to be followed including 

preparation of contingency, solid and 

waste management, health and safety, 

and QA/QC Plans. The RAP was 

prepared to comply with all applicable 

or relevant and appropriate 

requirements (ARARs) of the Federal, 

State and local rules and regulations. 


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Cleanup Standards 

The remedial action objectives were 

to minimize the potential for waste 

migration, protect human health and the 

environment, prevent future 

contamination of surface water and 

groundwater and minimize short-term 

air emissions resulting from remedial 

activities. 

Response Actions 

The following actions were conducted 

in response to the ROD/RAP to 

minimize the potential risks to the water 

stored in the mine void reservoir: 

Reduce toxicity and volume by 

excavating soils that exceeded Clean-up 

Criteria (1000ppm Total VOC) 

encountered in Areas B, C, D, 09B, and 

along the Slurry Wall and French Drain 

pathway and treating the soils using 

chemical fixation and stabilization to 

meet treatment standards based on EPA 

Toxicity Concentration Leachate 

Procedure (TCLP). The treated soils 

meeting TCLP standards were placed 

back into the excavation of Area C, 

solidified with concrete. Area C was 

then contained within a slurry wall 

keyed into the weathered bedrock and 

Site slurry wall and then capped with 

a RCRA Cap and Cover. Drums removed 

from Areas C and D that contained 

liquids were transport to an offsite 

permitted commercial disposal facility. 

Mobility was reduced by removing 

the leachate transport mechanism by 

installing French Drain upgradient of 

the Site to intercept shallow rain 

infiltration above the weathered bedrock 

and divert it around the remediated 

area. A slurry wall was installed 

downgradient and parallel to the French 

Drain to cutoff backflow from the 

impacted Site soils into the French 

Drain, and to provide backup for the 

French Drain. The entire remediated 

area including the Landfill, French 

Drain, Site slurry wall and self 

contained Area C was covered with a 

multilayer RCRA Cap and Cover to 

prevent rainfall infiltration into the 

remediated area. 

Long term security for the remediated 

site is provided by the Cap and Cover, 

site security fence and restricted site 

access and use. The Site is maintained, 

monitored and inspected regularly in 

accordance with the Post Closure 

Activity Plan. 

Operation and Maintenance (O&M) 

The Post Closure Activity Plan 

(January 1991) as approved by the EPA 

specified the actions to be carried out 

once remediation construction was 

completed (3/29/91). The Post Closure 

Activity Plan (PCAP) included: monitor 

well sampling on a quarterly then 

semiannual basis once baseline action 

levels were established; site inspections 

to coincide with monitor well sample 

events; site mowing and erosion control 

maintenance; monitor event reports and 

Five Year Reports to be submitted by the 

EPA and ADEQ. 

The site monitoring has been 

conducted in compliance with the 

PCAP as amended, with minor 

occasional variances duly noted and 

reported. Monitor wells are sampled in 

accordance with standard EPA protocol. 

Sample results which exceed action 

limits are resampled to confirm 

conditions. Such occurrences have been 

infrequent and follow-up resample 

results have returned to below action 

limits. The Site vegetation and erosion 

control has been maintained. While 

significant site repair has not been 

necessary, occasional site maintenance 

has included: well repair and Area C 

evaluation, installation of additional 

downgradient monitor wells, repair of 

french drain and recharge well, regular 

site mowing, and topsoil replacement. 

The Site is totally enclosed by a 6 foot 

chain link fence topped with three 

strands of barbed wire. Access is limited 

to two gates secured with a chain and 

lock to which only authorized agency 

and PRP personnel have keys. Over the 

course of the Post Closure Care period, 

there have been infrequent and minor 

instances of site disturbance and 

trespassing. 

Institutional controls (ICs) are a 

necessary component of maintaining the 

long-term protectiveness of the remedy. 

ICs are legal and administrative 

measures that prevent exposure to 

contaminants that may remain at a site 

at concentrations above health-based 

risk levels. They are typically designed 

to limit activities at or near the Site, and 

include requirements for providing 

notice (i.e., deed recordation) in the real 

property records for properties where 

residual contamination will remain. For 

this Site, the ICs include a deed 

recordation with a notice that buried 

contaminants remain on the property, 

and a prohibition against any reuse, 

development or other activities that 

might disturb or damage the affected 

areas without the approval of EPA, 

ADEQ and the property owner. The 

requirement for institutional controls 

was met through deed recordation in the 

Official Public Records of Real Property 

in Sebastian County, Arkansas. 

Five-Year Review 

The EPA must conduct a statutory 

five-year review of the remedy no less 

than every five years after the initiation 

of the remedial action pursuant to 

CERCLA Section 121(c). Based on the 

five-year reviews, EPA will determine 

whether human health and the 

environment continue to be adequately 

protected by the implemented remedy. 

Five-year reviews for this Site were 

completed in February 1997, July 2002, 

and a revised version in September 

2007. During the July 2002 five-year 

review, EPA had prepared Deletion 

document for the Site. However 

Deletion was put on hold as baseline 

contaminants were exceeded in three 

monitor wells. IWC Settling Defendants 

(PRPs) conducted a Site Assessment 

Study (SAS) which included statistical 

analysis, risk assessment and fate and 

transport studies of the contaminants in 

the offending monitor wells. Based on 

the data from SAS study by the IWC 

Settling Defendants, EPA has concluded 

that offsite migration of contaminants 

will not occur. Therefore Deletion of the 

Site from the National Priorities List 

(NPL) is appropriate at this time. The 

next five-year review will occur no later 

than September 2012. 

Community Involvement 

Public participation activities 

required in CERCLA Section 113(k), 42 

U.S.C. 9613(k), and CERCLA Section 

117, 42 U.S.C. 9617, have been satisfied, 

and documents which EPA generated 

and/or relied on are available to the 

public in these information repositories. 

V. Deletion Action 

The EPA, with concurrence of the 

State of Arkansas, has determined that 

all appropriate responses under 

CERCLA have been completed, and that 

no further response actions under 

CERCLA, other than O&M and five-year 

reviews, 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. This 

action will be effective April 7, 2008 

unless EPA receives adverse comments 

by March 6, 2008. 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. The 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, 


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Federal Register / Vol. 73, No. 24 / Tuesday, February 5, 2008 / Rules and Regulations 6617 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: September 28, 2007. 

Richard E. Greene, 

Regional Administrator, EPA Region 6. 

■ 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 Arkansas (‘‘AR’’) by 

removing the entry for ‘‘Industrial Waste 

Control.’’

[FR Doc. E8–1964 Filed 2–4–08; 8:45 am] 

BILLING CODE 6560–50–P 


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