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contains regulatory documents having general

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are keyed to and codified in the Code of

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REGISTER issue of each week.

Rules and Regulations Federal Register

4687 

Vol. 74, No. 16 

Tuesday, January 27, 2009 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0008; FRL–8761–2] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Direct final Notice of Partial 

Deletion of the Rentokil, Inc. (Virginia 

Wood Preserving Division) Superfund 

Site from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 3 is publishing a 

direct final Notice of Partial Deletion of 

former Wetland Areas B and C of the 

Rentokil, Inc. (Virginia Wood Preserving 

Division) Superfund Site (Site), located 

in Henrico County, near the city of 

Richmond, Virginia, 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 partial deletion 

is being published by EPA with the 

concurrence of the Commonwealth of 

Virginia, through the Virginia 

Department of Environmental Quality 

(VDEQ) because EPA has determined 

that all appropriate response actions at 

these identified parcels under CERCLA, 

other than operation and maintenance 

and five-year reviews, have been 

completed. However, this partial 

deletion does not preclude future 

actions under Superfund. 

This partial deletion pertains to the 

soil and sediment of former Wetland 

Areas B and C and the ground water at 

former Wetland Area C. The remaining 

areas and media of the Site will remain 

on the NPL and are not being 

considered for deletion as part of this 

action. 

DATES: This direct final partial deletion 

is effective March 30, 2009 unless EPA 

receives adverse comments by February 

26, 2009. If adverse comments are 

received, EPA will publish a timely 

withdrawal of the direct final partial 

deletion in the Federal Register 

informing the public that the partial 

deletion will not take effect. 

ADDRESSES: Submit your comments, 

identified by Docket ID no. EPA–HQ– 

SFUND–1989–0008, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• E-mail: Larry C. Johnson, 

Community Involvement Coordinator at 

Johnson.larryc@epa.gov or Andy 

Palestini, Remedial Project Manager at 

Palestini.andy@epa.gov. 

• Fax: 1–215–814–3002. 

• Mail: Larry C. Johnson, Community 

Involvement Coordinator, U.S. EPA 

Region 3, Mailcode 3HS52, 

Philadelphia, Pennsylvania 19103. 

• Hand delivery: Larry C. Johnson, 

Community Involvement Coordinator, 

U.S. EPA Region 3, Mailcode 3HS52, 

Philadelphia, Pennsylvania 19103. 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–1989– 

0008. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http:// 

www.regulations.gov or e-mail. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the comment 

that is placed in the public docket and 

made available on the Internet. If you 

submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the http:// 

www.regulations.gov index. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. EPA Region 3 Library, U.S. EPA 

Region 3, 1650 Arch Street, 

Philadelphia, Pennsylvania 19103– 

2029, (215) 814–5000, Monday through 

Friday 8 a.m. to 12 p.m.; Henrico 

County Municipal Reference and Law 

Library, Parham Road at Hungary Spring 

Road, Richmond, Virginia 23273. 

FOR FURTHER INFORMATION CONTACT: 

Andy Palestini, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 3, 3HS23, 1650 Arch 

Street, Philadelphia, Pennsylvania 

19103, 215–814–3233. 

SUPPLEMENTARY INFORMATION:

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Partial Deletion Procedures 

IV. Basis for Partial Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region 3 is publishing this direct 

final Notice of Partial Deletion for the 

Rentokil, Inc. (Virginia Wood Preserving 

Division) Superfund Site (Site), from the 

National Priorities List (NPL). This 

partial deletion pertains to the soil and 

sediment of former Wetland Areas B 

and C and the ground water at former 

Wetland Area C. The NPL constitutes 

Appendix B of 40 CFR part 300, which 


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is the National Oil and Hazardous 

Substances Pollution Contingency Plan 

(NCP), that EPA promulgated pursuant 

to Section 105 of the Comprehensive 

Environmental Response, Compensation 

and Liability Act (CERCLA) of 1980, as 

amended, 42 U.S.C. 9605. EPA 

identifies sites that appear to present a 

significant risk to public health, welfare, 

or the environment and maintains the 

NPL as the list of these sites. Sites on 

the NPL may be the subject of remedial 

actions financed by the Hazardous 

Substance Superfund (Fund). This 

partial deletion of the Rentokil, Inc. 

(Virginia Wood Preserving Division) 

Superfund Site is proposed in 

accordance with 40 CFR 300.425(e) and 

is consistent with the Notice of Policy 

Change: Partial Deletion of Sites Listed 

on the National Priorities List. 60 FR 

55,466 (Nov. 1, 1995). As described in 

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

site deleted from the NPL remains 

eligible for Fund-financed remedial 

action if future conditions warrant such 

actions. Whenever there is a significant 

release from a site deleted or partially 

deleted from the NPL, the site shall be 

restored to the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective March 30, 2009 

unless EPA receives adverse comments 

by February 26, 2009. Along with this 

direct final Notice of Partial Deletion, 

EPA is co-publishing a Notice of Intent 

for Partial Deletion in the ‘‘Proposed 

Rules’’ section of the Federal Register. 

If adverse comments are received within 

the 30-day public comment period on 

this partial deletion action, EPA will 

publish a timely withdrawal of this 

direct final Notice of Partial Deletion 

before the effective date of the partial 

deletion and the partial deletion will 

not take effect. EPA will, as appropriate, 

prepare a response to comments and 

continue with the deletion process on 

the basis of the Notice of Intent for 

Partial Deletion and the comments 

already received. There will be no 

additional opportunity to comment. 

Section II of this document explains 

the criteria for deleting sites from the 

NPL. Section III discusses procedures 

that EPA is using for this action. Section 

IV discusses former Wetland Areas B 

and C of the Site and demonstrates how 

the deletion criteria are met. Section V 

discusses EPA’s action to partially 

delete the Site parcels from the NPL 

unless adverse comments are received 

during the public comment period. 

II. NPL Deletion Criteria 

The NCP establishes the criteria that 

EPA uses to delete sites from the NPL. 

In accordance with 40 CFR 300.425(e), 

sites may be deleted from the NPL 

where no further response is 

appropriate. In making such a 

determination pursuant to 40 CFR 

300.425(e), EPA will consider, in 

consultation with the 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. 

Pursuant to CERCLA Section 121(c) 

and the NCP, EPA conducts five-year 

reviews to ensure the continued 

protectiveness of remedial actions 

where hazardous substances, pollutants, 

or contaminants remain at a site above 

levels that allow for unlimited use and 

unrestricted exposure. EPA conducts 

such five-year reviews even if a site is 

deleted from the NPL. EPA may initiate 

further action to ensure continued 

protectiveness at a deleted site if new 

information becomes available that 

indicates it is appropriate. Whenever 

there is a significant release from a site 

deleted from the NPL, the deleted site 

may be restored to the NPL without 

application of the hazard ranking 

system. 

III. Partial Deletion Procedures 

The following procedures apply to the 

deletion of the soil and sediment of 

former Wetland Areas B and C and the 

ground water at former Wetland Area C 

of the Site: 

(1) EPA has consulted with the 

Commonwealth of Virginia prior to 

developing this direct final Notice of 

Partial Deletion and the Notice of Intent 

for Partial Deletion co-published in the 

‘‘Proposed Rules’’ section of the Federal 

Register. 

(2) EPA has provided the 

Commonwealth 30 working days for 

review of this notice and the parallel 

Notice of Intent for Partial Deletion 

prior to their publication today, and the 

Commonwealth, through the Virginia 

Department of Environmental Quality 

(VDEQ), has concurred on the partial 

deletion of the Site from the NPL. 

(3) Concurrently with the publication 

of this direct final Notice of Partial 

Deletion, a notice of the availability of 

the parallel Notice of Intent for Partial 

Deletion is being published in a major 

local newspaper, the Richmond Times 

Dispatch. The newspaper notice 

announces the 30-day public comment 

period concerning the Notice of Intent 

for Partial Deletion of the Site from the 

NPL. 

(4) The EPA has placed copies of 

documents supporting the partial 

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 partial deletion action, 

EPA will publish a timely notice of 

withdrawal of this direct final Notice of 

Partial Deletion before its effective date 

and will prepare a response to 

comments and continue with the 

deletion process on the basis of the 

Notice of Intent for Partial Deletion and 

the comments already received. 

Deletion of a portion of a site from the 

NPL does not itself create, alter, or 

revoke any individual’s rights or 

obligations. Deletion of a portion of a 

site from the NPL does not in any way 

alter EPA’s right to take enforcement 

actions, as appropriate. The NPL is 

designed primarily for informational 

purposes and to assist EPA 

management. Section 300.425(e)(3) of 

the NCP states that the deletion of a 

portion of a site from the NPL does not 

preclude eligibility for further response 

actions, should future conditions 

warrant such actions. 

IV. Basis for Partial Site Deletion 

The following information provides 

EPA’s rationale for deleting the soil and 

sediment at former Wetland Areas B and 

C and the ground water at former 

Wetland Area C of the Rentokil, Inc. 

Superfund Site from the NPL: 

Site Background and History 

The Rentokil, Inc. Superfund Site 

(Site) is a former wood treating facility 

that operated under the name of 

Virginia Wood Preservers and that 

ceased operating in January 1990. The 

Site is located at 3000 Peyton Street at 

the intersection of Peyton Street and 

Ackley Avenue in Henrico County, near 

Richmond, Virginia. The Site includes 

the former wood treatment process area, 

the wood drying areas, Wetland Area A, 

and the two former wetland areas 

(Wetland Areas B and C). None of the 

wetland areas were used in the wood 

treating process; these areas became 

contaminated by runoff from the Site. 

Wetland Area A, the area immediately 

north of the former process area, is 

located within the flood plain of an 

unnamed tributary to North Run. 

Wetland Area A was remediated and revegetated to remain a wetland. Former 


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Wetland Area B, the area at the 

southeast corner of the Site, and former 

Wetland Area C, the area immediately 

south of the Site which is across Peyton 

Street, were connected by two culverts 

under Peyton Avenue. Surface runoff 

discharged from the Site through a ditch 

to former Wetland B, where it was 

retained and discharged to former 

Wetland C when flow was high. A ditch 

along the north side of Peyton Avenue 

also collected runoff from the Site. This 

runoff flowed through the west culvert 

to former Wetland Area C. A ditch 

parallel to the south side of Peyton 

Avenue carried runoff from former 

Wetland Area C to the east and 

ultimately to a 24-inch culvert under 

Ackley Avenue. Because the invert of 

the 24-inch culvert was about two feet 

above the flow line of the south ditch 

and the normal elevation of former 

Wetland Area C, Site-related runoff 

waters were retained within former 

Wetland Area C. 

Wood treating operations at the Site 

were initiated in 1957 and continued 

under several different owners/ 

operators. In 1974, Rentokil, Inc. 

purchased the stock of TaCo, one of the 

previous owners. Both TaCo and the 

Virginia Wood Preserving Corporation 

(the owner prior to 1974) were 

subsequently merged into Rentokil. 

Rentokil later changed its name to 

Rentokil SupaTimber, Inc. and, in 

September 1989, changed its name to 

Virginia Properties, Inc. (VPI), a wholly 

owned subsidiary of Rentokil, Inc. 

The land immediately surrounding 

the Site is mostly open space/ 

woodlands. Nearby development is 

comprised of light industrial, 

commercial, and low density 

residential. A private developer has 

purchased former Wetland Area B in 

preparation of placing new commercial/ 

office buildings in this area. The 

surrounding area is served by public 

water supply. 

EPA proposed that the Site be listed 

on the NPL in January 1987. The Site 

was placed on the NPL in March 1989. 

Pursuant to CERCLA, Rentokil, Inc. and 

EPA signed an Administrative Order by 

Consent in December 1987 to conduct a 

Remedial Investigation/Feasibility 

Study (RI/FS) to identify the types, 

quantities, and locations of 

contaminants and to develop ways of 

addressing Site contamination. The two 

phases of field work for the RI were 

conducted from May to August 1989 

and from June to July 1991. In March 

1992, VPI and EPA entered into an 

Administrative Order by Consent for 

Removal Action (Order). The purpose of 

the Order was to design and construct 

sediment control structures to prevent 

additional migration of contaminated 

sediment from the Site into North Run 

Creek. These structures were completed 

by June 22, 1992. 

EPA issued a Record of Decision 

(ROD) for the Site on June 22, 1993. The 

ROD addressed all aspects of Site 

cleanup: Existing structures, ‘‘hot 

spots’’, ground water, surface water, 

soil, sediment, mitigation for the loss of 

wetlands, and institutional controls, as 

described more completely below. A 

Consent Decree, whereby VPI agreed to 

implement the requirements of the ROD, 

was signed by VPI in 1994. 

Remedial Investigation and Feasibility 

Study (RI/FS) 

Analytical results of the sampling 

performed for the RI indicate that the 

surface soil, subsurface soil, ground 

water, and sediments posed 

unacceptable risks to human health and 

the environment, mainly through 

exposure to the following Site-related 

contaminants: Arsenic, chromium, 

copper, pentachlorophenol, and 

polynuclear aromatic hydrocarbons 

(from using creosote). 

Record of Decision Findings 

The major components of the remedy 

selected in the ROD include: 

Demolition, decontamination, and offsite disposal of the existing structures; 

excavation, treatment (if necessary) and 

off-site disposal of the on-site pond 

sediments; excavation and on-site 

disposal of the contaminated soil and 

sediment in Wetland Areas A, B, and C; 

construction of an impermeable cap; 

excavation, low temperature thermal 

desorption treatment, and on-site 

disposal of the ‘‘hot spots’’, the soil in 

the CCA Disposal Area, the Fill Area, 

and the source material within 25 feet 

of the concrete drip pad, the on-site 

pond, and the former blowdown sump; 

construction of a slurry wall; 

construction of a dewatering system 

within the cap/slurry wall containment 

system; institutional controls; mitigation 

for the loss or damage to the wetland 

areas; and, long-term ground water 

monitoring. 

Although Remedial Action Objectives 

were not specifically identified in the 

ROD, the following objectives can be 

inferred from the major components of 

the remedy: Reduce risks to human 

health by preventing direct contact 

with, and ingestion of, contaminants in 

the site soil, wetland sediments, and 

pond sediments, and by preventing 

potential ingestion of contaminated 

ground water; reduce risks to the 

environment by preventing direct 

contact with, and ingestion of, 

contaminants in the wetland sediments; 

minimize the migration of contaminants 

from site soil and wetland sediments 

that could result in surface water 

concentrations in excess of Ambient 

Water Quality Criteria; eliminate or 

minimize the threat posed to human 

health and the environment by 

preventing exposure to the 

contaminants in the ground water; and 

contain contaminated ground water to 

protect human health and the 

environment. 

EPA amended the ROD on August 27, 

1996, with the concurrence of VDEQ to 

delete the requirement for treatment of 

the ‘‘hot spots’’ at the Site because 

ground water modeling indicated that 

treating the ‘‘hot spots’’ had no effect on 

the levels of contaminants in the ground 

water. 

Response Actions 

Remedial construction of former 

Wetland Area B started in June 1998 

with the clearing and grubbing of the 

existing vegetation. All of the clearing 

and grubbing materials were chipped in 

a tub grinder and were disposed of at 

the Old Dominion (BFI) landfill in 

Richmond, Virginia. Excavation of the 

top 24 inches of contaminated soil 

occurred in July 1998, immediately 

followed by backfilling the excavated 

area with clean soil. The remedial 

construction was completed in August 

1998 when the area was seeded with an 

approved seed mix. A total of 3,339 

cubic yards of contaminated soil was 

excavated and placed under the cap 

constructed in the area of the former rail 

spur. 

Remedial construction of former 

Wetland Area C also started in June 

1998 with the clearing and grubbing of 

the existing vegetation. All of the 

clearing and grubbing materials were 

chipped in a tub grinder and were 

disposed of at the Old Dominion (BFI) 

landfill in Richmond, Virginia. 

Excavation of the top 24 inches of 

contaminated soil occurred in August 

1998, immediately followed by 

backfilling the excavated area with 

clean soil. The remedial construction 

was completed in October 1998 when 

the area was seeded with an approved 

seed mix. A total of 5,380 cubic yards 

of contaminated soil was excavated and 

placed under the cap constructed in the 

area of the former rail spur. 

In the ROD, EPA, with the advice of 

the U.S. Fish and Wildlife Service, 

selected wetlands mitigation because of 

the damage caused to former Wetland 

Areas B and C. The mitigation consisted 

of purchasing approximately 6.81 acres 

of prior converted cropland and 

reconstructing the land to simulate 

natural wetland conditions. Mitigation 


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occurred in the Virginia Wood 

Preserving portion of the Chickahominy 

LLC mitigation area located in Charles 

City County, Virginia, approximately 25 

miles east of Richmond, in the 

Chickahominy River floodplain. 

Cleanup Standards 

Arsenic was the primary contaminant 

of concern in the wetland areas. As 

such, all soil exceeding the site-specific 

cleanup level for arsenic of 33 mg/kg 

was excavated to a depth of 24 inches. 

Confirmatory sampling was performed 

during the remedial action to confirm 

that the soil cleanup level was achieved. 

Operation and Maintenance 

The cap at the Site is routinely 

monitored to make sure the fence is in 

good condition, to determine when to 

mow the grass, to check if there are any 

problems with erosion of the cap surface 

that needs repair, and to locate any trees 

which require cutting down. 

Rentokil, Inc. takes ground water 

samples semi-annually to monitor the 

levels of contaminants. The selected 

remedy includes withdrawing ground 

water from within the area enclosed by 

the cap/slurry wall. However, EPA, with 

the concurrence of the VDEQ, has 

agreed to a request by Rentokil, Inc. to 

place a moratorium on the withdrawal 

of ground water to determine whether 

this practice has any effect on the levels 

or dispersion of the contaminants in the 

ground water outside of this enclosed 

area. 

Institutional controls in the form of a 

Deed Notice and Declaration of 

Restrictive Covenants for Certain 

property at the Rentokil Superfund Site 

was recorded in the Clerk’s Office of 

Henrico County on December 1, 2005. 

Included in the Restrictive Covenant are 

provisions precluding residential 

development and ground water use in 

former Wetland Area B. Even though the 

ground water at former Wetland Area B 

is not contaminated, EPA required the 

restriction on ground water use to 

prevent the possibility of drawing 

contamination in that direction. There 

are no use restrictions for former 

Wetland Area C. 

EPA and the U.S. Fish and Wildlife 

Service continue to monitor progress at 

the mitigation site in Charles City 

County. Two issues were brought up as 

a result of the latest site visit in 

September 2007. First, Japanese 

honeysuckle, should be treated with an 

herbicide to allow other desirable 

vegetation to grow. Secondly, the tree 

tubes used during the initial planting 

effort should be removed because they 

are restricting the growth of the tree 

trunks. 

Five-Year Review 

EPA issued the first five-year review 

report for the Site on September 17, 

2003. In the report, EPA stated that a 

protectiveness determination of the 

remedy could not be made until a 

determination is made as to whether the 

contaminant levels at monitoring well 

number 2 is due to leakage from the 

cap/slurry wall containment system. No 

issues were identified for the 

implementation of the remedy or the 

protectiveness at either former Wetland 

Area B or C. 

The second five-year review report 

was issued on September 22, 2008. In 

the second five-year review report, EPA 

determined that the remedy is 

protective of human health and the 

environment. All threats at the Site 

associated with ingestion or dermal 

contact with contaminated soil and 

sediments have been addressed through 

capping of the Site and excavation and 

consolidation of those areas of 

contaminated soil and sediments 

previously located beyond the extent of 

the cap (including the soil and sediment 

at former Wetland Areas B and C). The 

ground water clean-up goals selected for 

the Site are protective of human health 

and the environment. In the interim, 

exposure pathways that could result in 

unacceptable risks are being controlled. 

Even though no one currently uses the 

contaminated ground water, 

institutional controls have been 

implemented to prevent exposure to, or 

ingestion of, contaminated ground water 

(an institutional control has also been 

placed on the ground water at former 

Wetland Area B to prevent drawing the 

contaminated ground water to that area). 

Long-term protectiveness of the 

remedial action will be verified by 

obtaining ground water samples to fully 

evaluate migration of the contaminant 

plume downgradient of the slurry wall. 

Current data indicated that the plume 

remains in the area of VPMW–02 and is 

not expanding. 

EPA will need to conduct the next 

five-year review of the Site by 

September 2013. Former Wetland Area 

C will not be subject to future five-year 

reviews because all response actions are 

complete and conditions allow for 

unlimited use and unrestricted 

exposure. 

Community Involvement 

The most recent community 

involvement activity for this Site was 

placing the newspaper ad informing the 

public that EPA was conducting a fiveyear review of the Site. The ad was 

placed in the Richmond Times Dispatch 

on August 21, 2008. In the ad, EPA 

solicited the general sentiment from the 

local community on how Site operations 

affected them and whether anyone had 

any comments, suggestions, or 

recommendations regarding the 

management or operation of the Site. No 

feedback was received from the 

community. 

Concurrently with the publication of 

this direct final Notice of Partial 

Deletion, a notice of the availability of 

the parallel Notice of Intent for Partial 

Deletion will be published in the 

Richmond Times Dispatch. The 

newspaper notice will announce the 30- 

day public comment period concerning 

the Notice of Intent for Partial Deletion 

of the Site from the NPL. 

Determination That the Criteria for 

Deletion Have Been Met 

The soil and sediments in former 

Wetland Areas B and C and the ground 

water at former Wetland Area C are 

being proposed for deletion because the 

Responsible Party completed all 

appropriate response actions required 

by the ROD. The remedy selected in the 

ROD for these two areas included 

excavating the contaminated soil and 

disposing the material under the cap. 

All soil exceeding the site-specific 

cleanup level of 33 mg/kg of arsenic was 

excavated to a depth of 24 inches, with 

the extent of excavation determined by 

confirmatory sampling. The excavated 

areas were then backfilled with clean 

soil and seeded. This work was 

completed during the remedial action, 

as documented in the Preliminary Close 

Out Report dated September 2, 1999. 

Mitigation for the damage to the 

wetland areas occurred in the Virginia 

Wood Preserving portion of the 

Chickahominy LLC mitigation area 

located in Charles City County, Virginia. 

EPA is deleting former Wetland Areas 

B and C from the NPL as requested by 

Parham Forest Partners, LLC, the 

purchaser of the former Wetland Area B 

parcel of the Site, and VDEQ. EPA 

Region 3 submitted the direct final 

Notice of Partial Deletion and the Notice 

of Intent of Partial Deletion to EPA 

Headquarters and to the VDEQ for their 

concurrence. 

V. Deletion Action 

The EPA, with concurrence of the 

Commonwealth of Virginia through the 

Virginia Department of Environmental 

Quality, has determined that all 

appropriate response actions under 

CERCLA, other than operation and 

maintenance and five-year reviews, 

have been completed. Therefore, EPA is 

deleting the soil and sediments in 

former Wetland Areas B and C and the 


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ground water at former Wetland Area C 

of the Rentokil, Inc. 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 March 30, 2009, 

unless EPA receives adverse comments 

by February 26, 2009. If adverse 

comments are received within the 30- 

day public comment period, EPA will 

publish a timely withdrawal of this 

direct final notice of partial deletion 

before the effective date of the partial 

deletion and it will not take effect. EPA 

will prepare a response to comments 

and continue with the deletion process 

on the basis of the notice of intent to 

partially delete and the comments 

already received. There will be no 

additional opportunity to comment. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: December 16, 2008. 

William T. Wisniewski, 

Acting Regional Administrator, Region 3. 

■ 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. 

Appendix B—[Amended] 

■ 2. Table 1 of Appendix B to part 300 

is amended under ‘‘VA’’ by revising the 

entry for ‘‘Rentokil, Inc.’’, (Virginia 

Wood Preserving Division) to read as 

follows: 

Appendix B to Part 300—National 

Priorities List 

TABLE 1—GENERAL SUPERFUND SECTION

State Site name City/county Note 

(a) 

Virginia ................................... Rentokil, Inc. (Virginia Wood Preserving Division) .................................... Richmond ............................. P 

(a) * * * 

P = Sites with partial deletion(s). 

[FR Doc. E9–1704 Filed 1–26–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 73 

[MB Docket No. 08–255; FCC 09–2] 

Implementation of Short-Term Analog 

Flash and Emergency Readiness Act; 

Establishment of DTV Transition 

‘‘Analog Nightlight’’ Program 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule. 

SUMMARY: With this document, the 

Commission implements the Short-term 

Analog Flash and Emergency Readiness 

Act, Public Law 110–459, 122 Stat. 5121 

(2008). The Analog Nightlight Act 

requires the Commission to develop and 

implement a program by January 15, 

2009, to ‘‘encourage and permit’’ 

continued analog TV service for a 

period of 30 days after the February 17, 

2009 DTV transition date, to the extent 

technically feasible, for the purpose of 

providing emergency and DTV 

transition information to viewers who 

may not obtain the necessary equipment 

to receive digital broadcasts by the 

transition deadline. The Act intends to 

provide short-term assistance to viewers 

as the nation transitions from analog to 

digital television service. This 

document adopts the policies to 

implement this Act and the analog 

nightlight program. 

DATES: Effective January 27, 2009. 

FOR FURTHER INFORMATION CONTACT: For 

additional information on this 

proceeding, contact Kim Matthews, 

Kim.Matthews@fcc.gov, or Evan 

Baranoff, Evan.Baranoff@fcc.gov of the 

Media Bureau, Policy Division, (202) 

418–2120; or John Gabrysch, 

John.Gabrysch@fcc.gov, of the Media 

Bureau, Engineering Division, (202) 

418–7000. 

SUPPLEMENTARY INFORMATION: This is a 

summary of the Commission’s Report 

and Order (Order), FCC 09–2, adopted 

and released on January 15, 2009. The 

full text of this document is available for 

public inspection and copying during 

regular business hours in the FCC 

Reference Center, Federal 

Communications Commission, 445 12th 

Street, SW., CY–A257, Washington, DC 

20554. These documents will also be 

available via ECFS (http://www.fcc.gov/ 

cgb/ecfs/). (Documents will be available 

electronically in ASCII, Word 97, and/ 

or Adobe Acrobat.) The complete text 

may be purchased from the 

Commission’s copy contractor, 445 12th 

Street, SW., Room CY–B402, 

Washington, DC 20554. To request this 

document in accessible formats 

(computer diskettes, large print, audio 

recording, and Braille), send an e-mail 

to fcc504@fcc.gov or call the 

Commission’s Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Summary of the Notice of Proposed 

Rulemaking 

I. Introduction and Background 

1. The Short-term Analog Flash and 

Emergency Readiness Act (‘‘Analog 

Nightlight Act’’ or ‘‘Act’’), Pub. L. 110– 

459, 122 Stat. 5121 (2008), requires the 

Commission to develop and implement 

a program by January 15, 2009, to 

‘‘encourage and permit’’ continued 

analog TV service for a period of 30 

days after the February 17, 2009 DTV 

transition date, to the extent technically 

feasible, for the purpose of providing 

‘‘public safety information’’ and ‘‘DTV 

transition information’’ to viewers who 

may not obtain the necessary equipment 

to receive digital broadcasts by the 

transition deadline. This Report and 

Order (‘‘Order’’) adopts the 

requirements to implement the Act. 

2. Congress has mandated that after 

February 17, 2009, full-power television 

broadcast stations must transmit only 

digital signals, and may no longer 

transmit analog signals. (See Digital 

Television and Public Safety Act of 

2005 (‘‘DTV Act’’), which is Title III of 

the Deficit Reduction Act of 2005, 

Public Law 109–171, 120 Stat. 4 (2006) 

(codified at 47 U.S.C. 309(j)(14) and 

337(e)).) The Analog Nightlight Act is 

designed to ensure that those consumers 

who are not able to receive digital 

signals after the DTV transition on 

February 17, 2009 will not be left 

without access to emergency 

information. The Act is also intended to 

help consumers understand the steps 

they need to take in order to restore 

their television service. (The analog 


sroberts on PROD1PC70 with RULES