[Federal Register Volume 74, Number 142 (Monday, July 27, 2009)]
[Rules and Regulations]
[Pages 36943-36948]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-17562]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2009-0501; FRL-8934-2]


National Oil and Hazardous Substance; Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Direct Final Notice of Deletion of the Southern California 
Edison, Visalia Pole Yard Superfund Site from the National Priorities 
List.

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SUMMARY: The Environmental Protection Agency (EPA) Region IX, is 
publishing a Direct Final Notice of Deletion for the Southern 
California Edison (SCE), Visalia Pole Yard Superfund Site (Site) 
located in northeastern Visalia, Tulare County, California, from the 
National Priorities List (NPL). The NPL, promulgated pursuant to 
Section 105 of the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) of 1980, as amended, is an appendix of the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final deletion is being published by EPA with the 
concurrence of the State of California, through the Department of Toxic 
Substance Control (DTSC), because EPA has determined that all 
appropriate response actions under CERCLA, other than operation, 
maintenance, and five-year reviews, have been completed. However, this 
deletion does not preclude future actions under Superfund.

DATES: This direct final deletion is effective September 25, 2009 
unless EPA receives adverse comments by August 26, 2009. If adverse 
comment(s) are received, EPA will publish a timely withdrawal of the 
Direct Final Deletion in the Federal Register informing the public that 
the deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2009-0501 by one of the following methods:

[[Page 36944]]

    <bullet> http://www.regulations.gov. Follow online instructions for 
submitting comments.
    <bullet> E-mail: <a href="/cdn-cgi/l/email-protection#395558575c1753585a52505c795c4958175e564f"><span class="__cf_email__" data-cfemail="620e030c074c080301090b07220712034c050d14">[email protected]</span></a>.
    <bullet> Fax: (415) 947-3528.
    <bullet> Mail: Jackie Lane, Community Involvement Coordinator, U.S. 
EPA Region IX (SFD 6-3), 75 Hawthorne Street, San Francisco, California 
94105.
    <bullet> Phone: (415) 972-3236.
    <bullet> Hand delivery: U.S. EPA Region IX (SFD 6-3), 75 Hawthorne 
Street, San Francisco, California 94105. Deliveries are only accepted 
during regular office days and hours of operation (Monday through 
Friday, 8 a.m. to 5 p.m.). Special arrangements will need to be made 
with EPA staff for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2009-0501 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 that EPA will not know 
your identity or contact information unless it is provided 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 publicly available 
docket on the Internet. EPA recommends that all submittals include your 
name and other contact information (i.e., e-mail and/or physical 
address and phone number). Please note that electronic file submittals 
should be free of any physical defects and computer viruses and avoid 
the use of special characters and any form of encryption. If technical 
difficulties prevent EPA from reading your comment and cannot contact 
you for clarification, EPA may not be able to consider your comment.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index; however, some information is not publicly 
available (e.g., CBI or other information restricted by disclosure 
statute). Certain other materials, such as copyrighted materials, will 
be publicly available only in hard copy. All other publicly available 
docket materials are available either electronically http://www.regulations.gov or hard copy at the Site Information repositories 
below:

U.S. EPA Superfund Records Center, 95 Hawthorne Street, San Francisco, 
California 94105-3901, (415) 536-2000.
Tulare County Public Library, 200 West Oak Street, Visalia, CA 93291, 
(818) 952-0603.

FOR FURTHER INFORMATION CONTACT: Charnjit Bhullar, Remedial Project 
Manager, U.S. EPA Region IX (SFD 7-3), 75 Hawthorne Street, San 
Francisco, California 94105, (415) 972-3960.

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 IX is publishing this Direct Final Notice of Deletion of 
the Southern California Edison, Visalia Pole Yard Superfund Site (EPA 
ID No. CAD980816466), hereinafter VPY or Site, from the National 
Priorities List (NPL). The NPL constitutes Appendix B of 40 CFR part 
300, which is the Oil and Hazardous Substances Pollution Contingency 
Plan (NCP), which EPA promulgated pursuant to section 105 of the 
Comprehensive Environmental Response, Compensation and Liability Act 
(CERCLA) of 1980, as amended. EPA maintains the NPL as the list of 
sites that appear to present a significant risk to public health, 
welfare, or the environment. Sites on the NPL may be the subject of 
remedial actions financed by the Hazardous Substance Superfund (Fund). 
As described in 300.425(e)(3) of the NCP, sites deleted from the NPL 
remain eligible for Fund-financed remedial actions if conditions at a 
deleted site or new information warrant such action.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective September 25, 2009 unless EPA 
receives adverse comments by August 26, 2009. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent to 
Delete in the ``Proposed Rules'' section of the Federal Register. If 
adverse comments are received within the 30-day public comment period 
on this deletion action, EPA will publish a timely withdrawal of this 
direct final Notice of Deletion before the effective date of the 
deletion, and the deletion will not take effect. EPA will, as 
appropriate, prepare a response to comments and continue with the 
deletion process on the basis of the Notice of Intent to Delete and the 
comments already received. There will be no additional opportunity to 
comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL; Section III discusses the procedures that EPA is 
using for this action; Section IV discusses how the Southern California 
Edison, Visalia Pole Yard Superfund Site meets the NPL deletion 
criteria; and Section V discusses EPA's action to delete the Site from 
the NPL.

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:
    (1) Responsible parties or other parties have implemented all 
appropriate response actions required;
    (2) All appropriate response under CERCLA has been implemented, and 
no further response action by responsible parties is appropriate; or
    (3) 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.
    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. Deletion Procedures

    The following procedures were followed for deletion of this Site:
    (1) The EPA consulted with the State of California's Department of 
Toxic Substances Control (DTSC) prior to developing this Direct Final 
Notice of Deletion and Notice of Intent to Delete being co-published in 
the ``Proposed Rules'' section of the Federal Register.

[[Page 36945]]

    (2) EPA provided DTSC 30 working days for its review and comment of 
this Notice and the Notice of Intent to Delete and, following its 
review, DTSC concurs with the deletion of the Site from the NPL.
    (3) Concurrently with the publication of this Direct Final Notice 
of Deletion, a notice of availability of the parallel Notice of Intent 
to Delete is being published in a major local newspaper, the Visalia 
Times-Delta. 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 has placed copies of supporting documents for the 
proposed site deletion in the Deletion Docket and made these documents 
available for public inspection and copying at the Site Information 
Repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, EPA will publish a timely 
notice of withdrawal of this Direct Final Notice of Deletion before its 
effective date and it will not take effect; otherwise, 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 it has 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 basis for deleting the 
Site from the NPL:

Site Background and History

    The VPY Site is located at 432 North Ben Maddox Way in northeastern 
Visalia, Tulare County, California. The Site is bounded on the north by 
East Goshen Avenue, and on the west by North Ben Maddox Way. Visalia is 
located approximately midway between Fresno and Bakersfield in the 
Central Valley of California and is a growing metropolitan area with a 
population of approximately 110,000. Agriculture is the dominant 
industry in the region and walnuts, olives, and citrus are the primary 
crops.
    The geologic strata underlying the VPY are composed of alluvial-fan 
deposits from the Kaweah River and its distributaries. The three 
hydrostratigraphic units beneath the site include: A shallow aquifer 
(30 to 50 feet bgs; dewatered since the 1980s), a shallow aquitard (50 
to 75 feet bgs), an intermediate aquifer (75 to 100 feet bgs), an 
intermediate aquitard (100 to 125 feet bgs), and a deep aquifer (125 to 
about 180 feet bgs). Both aquitards generally consist of silty sand and 
clay materials, whereas the aquifers are composed primarily of fine-
grained and coarse-grained sands. When saturated, the shallow aquitard 
restricts vertical groundwater movement. Aquifer testing of the 
intermediate hydrostratigraphic unit indicated a transmissivity of 
approximately 50,000 gallons per day per foot (gpd/ft). Short-term 
pumping from the deeper aquifer affects hydrostatic water elevation 
levels in the intermediate aquifer.
    From 1925 to 1980, the Southern California Edison Company operated 
a fabrication yard to produce wooden poles for use in the distribution 
of electricity throughout the utility's service territory. Western red 
cedar trees were logged and transported to the yard, debarked, sized, 
shaped, and chemically preserved to resist attack from fungi and 
insects. The chemical preservation treatment process consisted of 
immersion of the wooden poles in heated tanks of preservative fluid. 
The treatment system consisted of two above-grade dip tanks, one in-
ground full treatment tank, a fluid heating system, hot and cold fluid 
storage tanks, and underground product transfer lines. SCE primarily 
used creosote to treat its utility poles. However, in 1968, SCE began 
using pentachlorophenol (PCP), since PCP treated poles looked 
``cleaner'' and were felt to be more suitable for use in an urban 
environment. A solution of pentachlorophenol and diesel (petroleum 
hydrocarbons) was substituted as the preservative for the wood 
preservation process, which contained low levels of dioxin and furan 
byproduct impurities of the PCP manufacturing process.
    During the service life of the VPY, significant volumes of chemical 
preservatives were released into subsurface soils and groundwater. 
Groundwater contamination was first discovered in an on-site well in 
1966. Hydrogeologic investigations were conducted between 1966 and 1975 
to determine the nature and extent of contamination.
    The types of chemicals found at the VPY include creosote compounds, 
PCP, and its associated impurities including octachlorodibenzo-P-
dioxin. The sources of chemical release of creosote and PCP were 
primarily leakage from piping between the storage tanks and treatment 
tanks and cracks in the treatment tanks.
    In 1989, the VPY was added to the Federal Superfund National 
Priorities List (NPL) (54 FR 13296) by the United States Environmental 
Protection Agency (USEPA).
    Cleanup activities were first initiated in 1975, with the 
installation of extraction wells to remove contaminated groundwater and 
discharge to publicly owned treatment works (POTW). This action was 
followed by construction of the slurry wall in 1976-77, to prevent 
further downgradient migration of Wood Treating Chemicals (WTCs) in 
groundwater. In 1981, all treating facilities were demolished and 
approximately 2,300 cubic yards of contaminated soil were removed and 
disposed of into an off-site Class 1 disposal facility. Additionally, 
an on-site water treatment plant (WTP) consisting of filtration and 
adsorption system was built in 1985 and was successful in removing the 
chemicals of concern (COC) from the treated groundwater. The WTP was 
modified with additional filtration and gravity separation in 1987, 
which optimized plant performance by minimizing hazardous waste 
generation. The WTP pumped, treated, and discharged an average of 0.36 
million gallons per day between 1985 and 1997. In 1997 the construction 
and operation of the Visalia Steam Remediation Project (VSRP) began and 
the volume of water treated increased to approximately 0.5 million 
gallons per day. The treated effluent was now discharged to Mill Creek 
under a National Pollutant Discharge Elimination System (NPDES) permit.
    Currently there are no specific redevelopment plans for the Site. 
The City of Visalia has purchased all of the surrounding property 
formerly owned by SCE and has indicated an interest in purchasing the 
subject property (Site) after it is deleted from the NPL. It is 
understood the City would expand their current General Services 
operations to include the Site.

Remedial Investigation (RI)/Feasibility Study (FS)

    In 1987, SCE and the State signed an agreement requiring the 
utility to perform a study to determine the nature and extent of site 
contamination and to recommend alternatives for final cleanup action.

[[Page 36946]]

    The Remedial Investigation (RI) (Geraghty & Miller, 1992a) found a 
distribution of wood treating chemicals (WTCs) in both the vadose zone 
and saturated zone at the VPY. Additionally, at that time, a non-
aqueous phase diesel hydrocarbon plume covered a horizontal area 
approximately 2.1 acres in size and extended vertically to 
approximately 125 feet below ground surface (bgs).
    WTCs in the vadose zone and were found to be concentrated near 
points of release from immersion tanks and piping. Horizontal-radial 
dispersion of WTCs is believed to have occurred in the shallow vadose 
zones by capillary action of fine grained soils and transported 
laterally from the source area occurred during times when the vadose 
zone was saturated. Historical water table elevation levels were about 
30 feet bgs and are currently measured at approximately 80 feet bgs. 
Depression of the regional water table elevation level initially 
occurred during the state-wide drought of the 1980's, and continues to 
decline from increased regional groundwater pumping for residential, 
agricultural, and industrial uses.
    The Feasibility Study (FS) (Geraghty & Miller, 1992b) recommended 
enhanced in-situ biodegradation (EISB) in addition to continuing the 
pump-and-treat system as the recommended remedial action alternative.

Selected Remedy

    The remedial action objectives for the site are:
    <bullet> Prevent the migration of pole treating chemicals, present 
in unsaturated soil, to groundwater;
    <bullet> Prevent occupational exposure to soil with constituent 
concentrations exceeding health-based concentrations;
    <bullet> Prevent residential and occupational exposure to 
groundwater with chemical concentrations above remediation goals; and
    <bullet> Prevent dermal occupational exposure to groundwater with 
chemical concentrations above remediation goals.
    The State approved a Remedial Action Plan (RAP) in 1994 and EPA 
signed a Record of Decision (ROD) on June 10, 1994. The major 
components of the selected remedy described in the ROD include: In-situ 
bioremediation, pilot test of steam remediation, property access 
restrictions, and deed restrictions. The goals of the remedy are to 
remediate soils to industrial/commercial use levels and to remediate 
groundwater to drinking water standards. The contaminants of concern 
for both soil and groundwater are Pentachloropenol (PCP), 
Benzo(a)Pyrene, and TCDD<INF>eqv</INF>.

Response Actions

    In 1997, before implementing the remedy, the Visalia Steam 
Remediation Project (VSRP), a pilot study approved by DTSC and 
concurred by EPA, was initiated which used steam injection technique 
called Dynamic Underground Stripping (DUS) to mobilize chemicals of 
concern (COCs). The pilot study operated in two phases between May 1997 
and June 2000. Phase 1 operations focused on the intermediate aquifer, 
with injection and extraction wells screened between 80 and 100 feet 
bgs. Phase 2 operations began in November 1998 and included steam 
injection and extraction below the intermediate aquitard, with 
injection wells screened between 125 and 145 feet bgs. Phase 2 
operations continued until the COC removal rate precipitously dropped 
in June 2000.
    Following cessation of the VSRP, an enhanced biological degradation 
system was installed and operated (SCE, 2001) to augment existing 
physical processes that were initiated by DUS and to encourage natural 
biological processes to flourish. This system was in operation from 
June 2000 until March 2004 and included vadose zone bioventing and 
saturated zone biosparging coupled with continued groundwater pump-and-
treat operation. Construction completion of the enhanced biological 
degradation system was documented in the 2001 Preliminary Close Out 
Report (PCOR).
    A post-remediation surface soil investigation was conducted at the 
Site in November 2004. Results for tetrachlorodibenzo-p-dioxin (TCDD) 
were detected at slightly above Site cleanup standard at four 
locations. As a result, and following recommendations of the 2005 Five-
Year Review, contaminated surface soils between zero and ten feet below 
grade were removed in July 2006 and remaining soils were verified with 
confirmatory sampling to be below ROD cleanup standards.

Cleanup Goals

    The cleanup goals from the ROD are the following:

------------------------------------------------------------------------
                                                          Ground water
                                         Soil (mg/kg)       ([mu]g/L)
------------------------------------------------------------------------
Petanchlorophenol (PCP)..............           17                   1
Benzo(a)Pyrene.......................            0.39                0.2
TCDDeqv..............................            0.001              30
------------------------------------------------------------------------

The QA/QC program used throughout the design, construction, and 
operation of the remediation systems was outlined in a DTSC and EPA 
approved Quality Assurance Project Plan (QAPP). This program enabled 
EPA to determine that all analytical results reported were accurate and 
adequate and ensure satisfactory execution of the remedial action 
requirements consistent with the ROD.
    Duplicate soil and groundwater samples were collected in accordance 
with the QAPP. Matrix spike, duplicate, and blank samples were analyzed 
by the laboratory, and the resulting data were provided to DTSC and 
EPA. The QA/QC program was also used for the quarterly groundwater 
monitoring program and cleanup standard attainment demonstration 
period.
    During VSRP operations, the various forms of WTC removal or 
destruction were documented through continuous monitoring systems and 
regular volume measurements. These included:
    <bullet> Non-aqueous Phase Product recovery
    <bullet> Vapor-phase removal
    <bullet> Liquid-phase removal
    Non-aqueous Phase product was recovered from both dissolved air 
flotation and oil-water separation methods and transferred to storage 
tanks where the volume measurements were made. Vapor-phase recovery was 
measured as both total hydrocarbons and CO<INF>2</INF> equivalents of 
oxidized hydrocarbons via continuous emissions analyzer systems. Liquid 
phase removal was measured through a total organic carbon analyzer.
    Quarterly groundwater monitoring was conducted from 1985 through 
June 2007 within, and outside the boundaries of the area subjected to 
steam remediation operations. Monitoring of extraction wells within and 
on the edge of the WTC plume was used as a tool to assess the success 
of WTC removal. Monitoring of offsite wells was conducted to ensure 
WTCs were not

[[Page 36947]]

escaping the groundwater extraction system.
    Groundwater monitoring data from June 2004 through June 2007 were 
used to verify that all ROD groundwater cleanup standards had been met.
    The Remedial Action Completion Report (SCE, 2008) documented that 
the post-remediation groundwater monitoring and soil removal actions 
performed met the ROD cleanup standards for soil and groundwater.
    The Final Close Out Report (FCOR) was signed on May 19, 2009.

Operation and Maintenance

    A ``Covenant to Restrict Use of Property, Environmental 
Restriction'', between Southern California Edison and the Department of 
Toxic Substances Control (DTSC), was recorded in Tulare County, 
California on May 23, 2007. This Covenant satisfies the ROD requirement 
for property access restrictions and a deed restriction. The Covenant 
outlines use restrictions (as well as Site operation and maintenance 
(O&M) activities). As remedial action objectives are based on 
industrial cleanup standards, prohibited Site uses include: Residences, 
human hospitals, schools, and day care centers for children. Prohibited 
activities include: Soil disturbance greater than ten feet bgs, and the 
installation of water wells for any purpose. The Covenant requires the 
Site owner to conduct an annual inspection of the property and prepare 
an Annual Inspection Report, describing how all of the site 
restrictions are being complied with. The Annual Report must certify 
that the property is being used in a manner consistent with the 
Covenant, and must be submitted to DTSC by June 15th of each year.

Five-Year Review

    A statutory Five-Year Review was completed in September 2005 (DTSC/
USEPA, 2005), pursuant to EPA's Comprehensive Five-Year Review Guidance 
(OSWER No. 9355.7-03B-P, June 2001). The Five-Year Review concluded 
that remedial actions taken at the Site were protective of human health 
and the environment in the short term, and institutional controls were 
needed in order to ensure long term human health protectiveness. A 
``Covenant to Restrict Use of Property, Environmental Restriction'', 
between SCE and DTSC, was recorded in Tulare County, California on May 
23, 2007.
    The Five-Year Review also recommended an evaluation of contaminated 
surface soil; soils which were later removed and any remaining soils 
were verified with confirmatory sampling to be below the cleanup 
standards prescribed in the ROD. The next Five-Year Review will be 
completed by September 2010.

Community Relations Activities

    Community involvement activities included the development of a 
Community Relations Plan (CRP), prior to initiation of the RI/FS 
activities. The CRP included development of a community profile and a 
list of key local contacts. The community profile indicated the 
surrounding area was mainly businesses which had little interest in the 
site cleanup activities. Notification of the issuance of the Draft ROD 
was made and copies of the Draft ROD were made publicly available at 
the local public library, DTSC and USEPA Region IX Superfund Records 
Center. A Public Notice was also placed in the local newspaper. A 
Public Meeting was held in Visalia, California on October 13, 1993, to 
provide information on the proposed cleanup. There were no members of 
the public in attendance at the meeting. A meeting was also held with 
members of the Visalia City Council, to apprise them of the proposed 
site cleanup activities. The Council members were supportive of the 
proposed cleanup actions and deletion of this site from the NPL.
    Notification to the public of the initiation and completion of the 
2005 Five-Year Review was made through a Public Notice in the Visalia 
Times-Delta newspaper. A copy of the completed Five-Year Review was 
placed in the Tulare County Library, USEPA Region IX Superfund Records 
Center.
    Public participation activities for this Site have been satisfied 
as required in CERCLA 113(k) and Section 117. All documents and 
information which EPA relied on or considered in recommending this 
deletion are available for the public to review at the information 
repositories identified above.

Determination That the Site Meets the Criteria for Deletion From the 
NCP

    This site meets all the site completion requirements specified in 
OSWER Directive 9320.2-09-A-P, Close Out Procedures for National 
Priorities List Sites. Specifically, that the following actions 
specified in the ROD have been implemented: (1) SCE applied an 
aggressive steam remediation technology to remove COCs in Site soils 
and groundwater beneath the site; (2) a post-remediation soil 
investigation verified meeting soil cleanup standards prescribed in the 
ROD; (3) groundwater has been monitored on a site-wide basis, and the 
monitoring results from June 2004 through June 2007 show that cleanup 
standards specified in the ROD have been met, and; (4) a Land Use 
Covenant between DTSC and SCE has been recorded with Tulare County that 
restricts site uses and activities.
    The NCP specifies that EPA may delete a site from the NPL if ``all 
appropriate Fund-financed response under CERCLA has been implemented, 
and no further response action by responsible parties is appropriate.'' 
40 CFR 300.425(e)(1)(ii). EPA, with the concurrence from the State of 
California, DTSC, believes that this criterion for deletion has been 
met. Consequently, EPA is deleting this Site from the NPL. Documents 
supporting this action are available in the Site repositories.

V. Deletion Action

    The EPA, with concurrence of the State of California, DTSC, has 
determined that all appropriate response actions under CERCLA, other 
than operation, maintenance, monitoring and five-year reviews have been 
completed. Therefore, EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective September 25, 2009 unless EPA receives adverse comments by 
August 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 deletion before its effective date of deletion, 
and it will not take effect; otherwise, 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 substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: July 15, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.


0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
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,

[[Page 36948]]

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 3 CFR, 1987 Comp., p. 
193.

Appendix B to Part 300 [Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing ``Southern 
California Edison Co. (Visalia) Visalia, CA.''

[FR Doc. E9-17562 Filed 7-24-09; 8:45 am]
BILLING CODE 6560-50-P


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