[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Rules and Regulations]
[Pages 37571-37576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-13459]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1987-0002; FRL-10010-09-Region 3]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the First Piedmont Rock Quarry
(Route 719) Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) Region III is
publishing a direct final Notice of Deletion of the First Piedmont Rock
Quarry (Route 719) Superfund Site (Site), located in Pittsylvania
County, 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 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 Commonwealth of Virginia, through
the Virginia Department of Environmental Quality (VDEQ), because EPA
has determined that all appropriate response actions under CERCLA,
other than operation and maintenance (O&M), monitoring, and five-year
reviews, have been completed. However, this deletion does not preclude
future actions under Superfund.
DATES: This direct final rule is effective August 24, 2020 unless EPA
receives adverse comments by July 23, 2020. If adverse comments are
received, EPA will publish a timely withdrawal of the direct final rule
in the Federal Register informing the public that the deletion will not
take effect.
ADDRESSES: You may submit comments, identified by Docket ID No. EPA-HQ-
SFUND-1987-0002, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov
(our preferred method). Follow the online instructions for submitting
comments. Once submitted, comments cannot be edited or removed from
Regulations.gov. The EPA may publish any comment received to its public
docket. Do not submit electronically any information you consider to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Multimedia submissions (audio,
video, etc.) must be accompanied by a written comment. The written
comment is considered the official comment and should include
discussion of all points you wish to make. The EPA will generally not
consider comments or comment contents located outside of the primary
submission (i.e. on the web, cloud, or other file sharing system). For
additional submission methods, the full EPA public comment policy,
information about CBI or multimedia submissions, and general guidance
on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Email: sorto.evelyn@epa.gov. Include the Docket ID No. in
the subject line of the message.
Written comments submitted by mail are temporarily
suspended and no hand deliveries will be accepted. We encourage the
public to submit comments via https://www.regulations.gov.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1987-0002. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://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 https://www.regulations.gov or email. The https://www.regulations.gov website
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 email comment directly to EPA without
going through https://www.regulations.gov, your email 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. 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 https://www.regulations.gov index. Although listed in the index, some
information is
[[Page 37572]]
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 the hard copy. Publicly
available docket materials are available electronically in https://www.regulations.gov, or please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section for additional availability
information. The EPA is temporarily suspending its Docket Center and
Regional Records Centers for public visitors to reduce the risk of
transmitting COVID-19. In addition, many site information repositories
are closed and information in these repositories, including the
deletion docket, has not been updated with hardcopy or electronic
media. For further information and updates on EPA Docket Center
services, please visit us online at https://www.epa.gov/dockets. The
EPA continues to carefully and continuously monitor information from
the Centers for Disease Control and Prevention (CDC), local area health
departments, and our Federal partners so that we can respond rapidly as
conditions change regarding COVID-19.
FOR FURTHER INFORMATION CONTACT:
Technical information: Evelyn Sorto, 215-814-2123,
sorto.evelyn@epa.gov.
Legal information: Ami Antoine, 215-814-2497, antoine.ami@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
EPA Region III is publishing this direct final Notice of Deletion
of the First Piedmont Rock Quarry (Route 719) Superfund Site (Site),
from the National Priorities List (NPL). The NPL constitutes appendix B
of 40 CFR part 300, which is the National 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 40 CFR 300.425(e)(3) of the NCP,
sites deleted from the NPL remain eligible for Fund-financed remedial
actions if future conditions warrant such actions.
Section II of this preamble explains the criteria for deleting
sites from the NPL. Section III of this preamble discusses procedures
that EPA is using for this action. Section IV of this preamble
discusses the First Piedmont Rock Quarry (Route 719) Superfund Site and
demonstrates how it meets the deletion criteria. Section V of this
preamble discusses EPA's action to delete the Site from the NPL unless
adverse comments are received during the public comment period.
II. NPL Deletion Criteria
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 Commonwealth, whether any of the following
criteria have been met:
(1) Responsible parties or other persons have implemented all
appropriate response actions required;
(2) All appropriate Fund-financed 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,
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. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) EPA consulted with the Commonwealth of Virginia prior to
developing this direct final Notice of Deletion and the Notice of
Intent to Delete published in the ``Proposed Rules'' section of this
issue of the Federal Register.
(2) EPA has provided the Commonwealth of Virginia 30 working days
for review of this action and the parallel Notice of Intent to Delete
prior to their publication, and the Commonwealth of Virginia, through
VDEQ, has concurred on the deletion of the Site from the NPL.
(3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major local newspaper, the
Danville Register & Bee. 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 proposed
deletion in the deletion docket and made these items available for
public inspection.
(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 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 in itself create, alter,
or revoke any individual's rights or obligations. Deletion of a site
from the NPL does not in any way alter EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist EPA management. Section
300.425(e)(3) of the NCP states that the deletion of a site from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
IV. Basis for Site Deletion
The following information provides EPA's rationale for deleting the
Site from the NPL:
Site Background and History
The Site is located along Route 719 in Pittsylvania County,
Virginia near the intersection with Route 360, also known as Lawless
Creek Road. It is approximately six miles north of the city of
Danville. Directly across from Route 719 and south of the Site is a
residential area, the Beaver Park community. The community is cross-
gradient and up-gradient of groundwater flow from the Site. All of the
homes in Beaver Park obtain residential water from either wells or
springs. Groundwater flow at the Site is to the northwest. The land
surface in the
[[Page 37573]]
immediate vicinity of the Site slopes gently westward. Drainage from
the Site and area is towards Lawless Creek, which lies approximately
1,400 feet west of the Site. The majority of the land use in the
immediate vicinity of the Site is woodlands, pastures, and open land.
The Site was initially operated as a quarry for crushed stone. The
four-acre property which comprises the Site consists of the abandoned
quarry and adjacent land. The Site was leased from April 1, 1970 to
April 1, 1975 by the First Piedmont Corporation to be used as a
landfill for disposal of industrial and agricultural waste. Wastes were
disposed in the landfill from April 1970 to July 1972, at which point
the Virginia Department of Health ordered waste disposal operations to
cease due to a fire on the landfill.
The landfilling operations were restricted almost exclusively to
the two-acre quarry area. The quarry was not filled in a systematic
fashion; no cells or segregated disposal areas were used for specific
wastes. Hundreds of drums were buried in the landfill in random fashion
with other solid waste. Upon arrival at the Site, wastes were generally
dumped at the highwall along the eastern edge of the landfill, where
the quarry is approximately 35 feet deep, and pushed down with a
bulldozer. Wastes were not covered at the end of each day.
The landfill contains approximately 65,000 cubic yards of
industrial and agricultural waste and approximately 3,000 cubic yards
of soil was used as a cover when the landfilling was stopped. The
industrial wastes were generated by the Goodyear Tire and Rubber
Company and Corning Glass Works; the agricultural wastes were generated
by Southern Processors, Inc. The wastes from Goodyear consisted of
tires, general plant refuse, scrap rubber, rubber buildup, and
approximately 15,000 gallons of a mixture of residual MS-20 (a floor
degreaser), water, carbon black (reinforcing filler in tires), and
detergent. The MS-20 contained ten percent by volume of
tetrachloroethylene (PCE), which is a listed hazardous waste under the
Resource Conservation and Recovery Act (RCRA). The wastes from Corning
Glass Works consisted of paper, glass, cardboard, and off-specification
batch materials which contained trace amounts of lead oxide. The wastes
from Southern Processors, a tobacco processing company, consisted of
soil removed from tobacco leaves, scrap, paper, and wood.
Separate and apart from the landfill are two other waste disposal
areas within the main fenced area on the Site. These two areas are
known as the Carbon Black Pile and the Waste Pile. The Carbon Black
Pile consisted of approximately 1,260 cubic yards of carbon black and
contaminated soils. ``Carbon black'' is a reinforcement additive used
in tire manufacturing that is comprised almost entirely of carbon. The
Carbon Black Pile is located approximately 150 feet from the western
edge of the landfill. The Waste Pile contained approximately 95 cubic
yards of waste material, consisting of waste steel, nylon tire cording,
waste glass, waste rubber strips, and contaminated soils. The Waste
Pile is located about 75 feet from the western edge of the landfill.
On June 1, 1981, the Goodyear Tire and Rubber Company notified the
First Piedmont Corporation that some of the wastes deposited at the
First Piedmont Rock Quarry Landfill were hazardous. The First Piedmont
Corporation filed a ``Notification of Hazardous Wastes Site'' form with
EPA on June 5, 1981, listing solvents as one of the wastes disposed of
at the landfill. The EPA Field Investigation Team subcontractor sampled
the media in the landfill vicinity in July 1983 to provide data for EPA
to determine whether the landfill should be proposed for listing on the
NPL. EPA proposed the Site (CERCLIS ID VAD980554984) to the NPL on
April 10, 1985 (50 FR 14115, April 10, 1985) and added the Site to the
NPL on July 22, 1987 (52 FR 27620, July 22, 1987).
Remedial Investigation and Feasibility Study (RI/FS)
EPA sent Special Notice Letters on May 6, 1986 to initiate
negotiations with the First Piedmont Corporation, Corning Glass Works,
and the Goodyear Tire and Rubber Company (the potentially responsible
parties or PRPs) to perform a Remedial Investigation/Feasibility Study
(RI/FS) for the Site. On December 31, 1987, EPA and the PRPs entered
into an Administrative Order by Consent for the PRPs to conduct the RI/
FS. The RI/FS was designed to determine the nature and extent of
contamination at the Site and to identify and evaluate remedial
alternatives for remediation at the Site.
The RI for the Site was performed by Westinghouse Environmental and
Geotechnical Services, Inc. (Westinghouse) on behalf of the PRPs. In
May 1988, the RI was initiated to assess the nature and extent of
contamination and document the potential for contaminant migration from
the Site. Westinghouse field activities conducted during the RI
included:
Sampling and analysis of source area materials including
waste materials, soil, and water within the quarry;
Residential well sampling and analysis for private wells
in the Beaver Park community;
Installation of ten (10) monitoring wells and five (5)
piezometers. Four (4) piezometers were converted to monitoring wells
for a total of 14 monitoring wells;
Groundwater sampling and analysis of the 14 monitoring
wells;
Surface water, sediment, and soil sampling from areas
within and adjacent to the Site;
A preliminary wetland delineation; and
Biological toxicity testing.
Based on the sampling results, EPA identified 14 contaminants of
concern (COCs) for the Site's leachate, surface waters, groundwater,
soils, and sediments. The contaminants were all detected at
concentrations exceeding background levels. The COCs include antimony,
arsenic, barium, benzene, bis(2-ethylhexyl) phthalate, cadmium, copper,
lead, manganese, mercury, nickel, selenium, vanadium, and zinc.
Although PCE was disposed at the Site, the compound was not detected in
any of the sampled media at levels exceeding health-based criteria.
Therefore, it was not identified as a COC.
As part of the RI, a Baseline Risk Assessment was prepared. The
assessment concluded that the levels of antimony, arsenic, barium, and
lead in the Site's leachate posed an unacceptable risk to human health.
In particular, the quarry leachate posed an unacceptable risk to human
health if ingested. The assessment also found that the concentrations
of lead in the quarry soil presented an unacceptable risk to human
health due to the possible incidental ingestion of soil by children
playing in the soil. Similarly, the Site's source material (including
the Carbon Black Pile, Waste Pile, and drums) was determined to contain
elevated levels of lead that posed unacceptable risk if ingested by
children.
Selected Remedy
The remedial action objectives (RAOs) for the Site, as described in
the Site decision documents, are to prevent human contact with
materials containing COCs, prevent the off-site migration of
contaminants, and prevent COCs in surface water from being discharged
to Lawless Creek or reduce concentrations of COCs in surface water to
levels that pose no risk to the environment.
[[Page 37574]]
A Record of Decision (ROD) was signed by EPA on June 28, 1991. The
ROD described the Selected Remedy for the Site and addressed the
contaminated media known to exist at the time. The Selected Remedy
consisted of the installation of a RCRA Subtitle-C cap over the
landfill as well as a leachate collection and storage system. Collected
leachate would be stored and eventually transported to the City of
Danville publicly owned treatment works (POTW) for treatment and final
discharge. The Selected Remedy also included the excavation and off-
site disposal of surface drums, debris, and non-landfill wastes
(including the Carbon Black Pile, Waste Pile, and select Northern
Drainage soils and sediments). Finally, the Selected Remedy called for
the installation of groundwater monitoring wells, development of a
routine monitoring system, and implementation of institutional controls
for the Site.
In the First Five-Year Review Report dated September 30, 1999, EPA
determined that the remedy was not protective because sediments in the
Southern Drainage and portions of the Lawless Creek were found to have
significant levels of zinc which posed a potential risk to ecological
receptors. As a result, the PRPs performed additional investigations to
further delineate the nature and extent of zinc-contaminated sediments
within the Southern Drainage and Lawless Creek areas. Based on the
results of the investigations, EPA concluded that zinc oxide disposed
of at the Carbon Black Pile was the primary source of zinc in the
sediment of the Southern Drainage and Lawless Creek areas. EPA
determined that additional excavation of the Carbon Black Pile was
required in order to protect the environment. EPA issued an Explanation
of Significant Differences (ESD) on May 30, 2007. The ESD modified the
Selected Remedy to establish cleanup standards for zinc-impacted soils
in the Carbon Black Pile. The 1991 ROD did not outline soil cleanup
standards for zinc. Instead, the excavation of the Carbon Black Pile
ended when no more carbon black was visible. Pursuant to the ESD, the
Carbon Black Pile would be excavated to remove soils with zinc
concentrations exceeding 200.2 mg/kg.
On February 3, 2005, EPA issued the Second Five-Year Review Report
for the Site. The report concluded that the remedy was protective of
human health but was not functioning as intended. EPA found that
sediments in the Southern Drainage Area and Lawless Creek Floodplain
still had elevated levels of zinc which could pose a risk to ecological
receptors. It was also determined that institutional controls called
for in the 1991 ROD had not been implemented.
On September 23, 2014, EPA issued a ROD Amendment to address zinc-
contaminated sediments and soils within the Southern Drainage and
Lawless Creek Floodplain, areas which had not been addressed under the
1991 ROD or 2007 ESD. The ROD Amendment established cleanup standards
for zinc-impacted sediments and soils in the Southern Drainage and
Lawless Creek Floodplain. The Selected Remedy included excavation and
off-site disposal of sediments and soils with zinc concentrations
exceeding 148.6 mg/kg. It also called for the reclamation of the
excavated area (including backfilling of soils and planting of
vegetation), monitoring for sediment and erosion control until the
wetland portion was successfully re-vegetated, the purchase of wetlands
credits from a mitigation bank at a ratio of 2:1, and institutional
controls to prevent the disturbance of the soils and sediments in the
wetland area, the surface cap, the leachate collection system, and the
temporary tank in which the leachate is stored.
On April 13, 2020, EPA prepared a memorandum to the site file to
document a non-significant change to the Selected Remedy. As discussed
previously, the 2014 ROD Amendment required that institutional controls
be implemented in the wetland area to prevent the disturbance of soils
and sediments. The memorandum to the site file modifies the Selected
Remedy to remove the requirement for institutional controls to be
implemented in the wetland, because no zinc-contaminated material
remained there after completion of the remedy, and documents that this
minor change does not have a significant impact on the scope,
performance, or cost of the Selected Remedy.
Response Actions
EPA issued a Unilateral Administrative Order (UAO) to the PRPs on
July 23, 1992 for implementation of the ROD. The PRPs completed the
Final Remedial Design Report in June 1994. EPA conditionally approved
the Final Remedial Design Report on June 30, 1994, with final approval
contingent upon the submission of additional information including
analytical data and a deed restriction. Remedial action (RA) work at
the Site began on September 6, 1994. Work was completed in accordance
with the approved design such that a pre-certification inspection of
the Site was conducted on April 27, 1995. The Remedial Action Report
dated July 25, 1995, certified that the RA activities were performed
according to design specifications set forth in the RA package. The RA
included the following major actions:
A RCRA Subtitle-C cap was installed on the landfill;
A leachate collection system with on-site holding tanks
was installed. Leachate collection is followed by transport to the City
of Danville's POTW for treatment and final discharge;
Excavation and off-site disposal of an estimated 1,260
cubic yards of Carbon Black Pile soils, 95 cubic yards of Waste Pile
soils and debris, and 710 cubic yards of Northern Drainage soils and
sediments;
96 drums and 100 cubic yards of tires and debris on the
surface landfill were disposed off-site; and
A perimeter security fence was installed.
Following the issuance of the May 2007 ESD, the PRPs submitted an
Addendum to the Remedial Action Work Plan in October 2007 and a Revised
Supplement to the work plan in April 2008. The Addendum to the Remedial
Action Work Plan and Revised Supplement addressed additional excavation
activities proposed for the Carbon Black Pile area. The documents were
approved by EPA in April 2008. The work plan was implemented in August
2008 and the excavation activities were completed on January 2, 2009.
The remedial activities resulted in the excavation and off-site
disposal of approximately 608 tons of soil, 10 yards of debris and
trash generated during remedial action, and 1,600 gallons of stormwater
that accumulated in the excavation area during the remedial action.
Final confirmation sampling results indicated that the zinc
concentrations in the bottom of the excavation ranged from 55.6 mg/kg
to 161 mg/kg, with an average concentration of 94.7 mg/kg, well below
the cleanup standard of 200.2 mg/kg. The excavation was backfilled with
clean fill material and excavation areas were restored to approximate
preconstruction conditions and grade.
After EPA signed the September 2014 ROD Amendment, the PRPs
prepared and submitted the Remedial Design and Remedial Action Work
Plan Addendum in July 2015. EPA and VDEQ provided comments on the work
plan and the PRPs submitted a revised work plan in February 2016. The
revised work plan was approved by EPA and VDEQ in July 2016. The
excavation at the Southern Drainage and Lawless Creek Floodplain
[[Page 37575]]
started on August 14, 2017 and was completed on November 20, 2017. The
excavation focused on the removal of zinc-impacted sediment and soil
within a 0.71-acre area of the Lawless Creek Floodplain with the upper
24 inches of soil initially removed. The area was excavated to remove
sediment and soil with zinc concentrations exceeding the 148.6 mg/kg
cleanup standard. At the PRPs discretion, excavations continued past
the 24-inch depth requirement, resulting in no zinc-contaminated soils
exceeding 148.6 mg/kg remaining in the area. Because of the removal of
all zinc-contaminated material, no institutional control is required
for the wetland area. The excavation led to the removal and off-site
disposal of 420 cubic yards (62.2 tons) of vegetative debris, 2,655
cubic yards (3,188 tons) of impacted soils, 200 gallons of wastewater,
and 13.85 tons of general trash. The area was then backfilled with
clean soil and planted. EPA inspected the excavation area on October
18, 2018 to verify that the revegetation of the area had taken root.
Cleanup Levels
Remedial actions including the excavation and off-site disposal of
contaminated soils and sediments, removal of drums and debris,
construction of a RCRA Subtitle-C Cap and leachate collection system,
and installation of a property fence addressed human health risks at
the Site. Remedial actions have also removed all soils exceeding the
risk-based ecological levels for zinc and therefore addressed any
elevated ecological risk at the Site. Although no groundwater remedy
was selected for the Site, groundwater and leachate are monitored as
part of the landfill closure O&M. Groundwater is monitored semi-
annually and analyzed for the target analyte list (TAL) inorganic
metals. Data analysis shows that concentrations of COCs have remained
consistent and are below action levels and maximum contaminant levels
(MCLs).
Operation and Maintenance
The PRPs continue to operate and maintain the landfill cover, the
leachate collection system and storage system, the groundwater
monitoring system, and landfill in accordance with the approved O&M
Plan, which was conditionally approved in the fall of 1995 and received
final approval in December 2019. Vegetation on the landfill cap is cut
and fencing is repaired as needed. Groundwater sampling is conducted
semi-annually. Leachate is temporarily stored on-site in two 20,000-
gallon storage tanks. The leachate is sampled annually and transported
to the City of Danville's POTW for treatment.
A Uniform Environmental Covenants Act (UECA) covenant for the Site
was signed and recorded with Pittsylvania County on November 2, 2018.
The covenant prohibits use of the Site for residential purposes,
requires maintenance and repairs for the Site's fencing, and requires
the maintenance of the Site's landfill cap, leachate collection system,
and leachate holding tanks. At the PRPs discretion, groundwater use
restrictions were also included in the covenant. The restrictions
prohibit the extraction or use of groundwater beneath the Site for
potable or non-potable purposes.
Five-Year Review
Pursuant to CERCLA section 121(c) and as provided by current
guidance on five-year reviews, Five-Year Review Recommended Template
(OLEM 9200.0-89, January 2016), EPA must conduct a statutory five-year
review if hazardous substances remain on-site above levels that would
allow for unlimited use and unrestricted exposure. Statutory five-year
reviews have been conducted at the Site in 1999, 2005, 2010, 2015, and
2020. The Protectiveness Statement in the 2020 Five-Year Review is as
follows: ``The remedial actions performed at the Site achieved the
cleanup goals outlined in the 1991 ROD, 2007 ESD, and 2014 ROD
Amendment and institutional controls have been implemented. Although
O&M, monitoring, and five-year reviews, are needed to protect human
health and the environment, no further Superfund response action is
necessary. Therefore, the Site is protective of human health and the
environment in the long term.'' No issues or recommendations were
identified during the 2020 Five-Year Review. The next five-year review
for this Site is scheduled to be completed in January 2025 and every
five years thereafter.
Community Involvement
EPA's community involvement activities associated with the deletion
will consist of making the deletion docket electronically available for
the general public and placing a public notice of EPA's intent to
delete the Site from the NPL in the Danville Register & Bee, a major
local newspaper of general circulation. EPA is also providing a 30-day
comment period and will respond to significant comments and significant
data in accordance with 40 CFR 300.425(e)(4)(iv).
Determination That the Site Meets the Criteria for Deletion in the NCP
Construction completion for the Site was documented in the
Preliminary Closeout Report (PCOR), dated September 27, 1995. Site
completion was documented in the Final Closeout Report (FCOR), dated
January 9, 2020. All RAOs, performance standards, and cleanup levels
established in the 1991 ROD, 2007 ESD, and 2014 ROD Amendment have been
achieved at the Site, and the Selected Remedy is protective of human
health and the environment. Institutional controls are in place and
effective. No further Superfund response actions, other than O&M,
monitoring, and five-year reviews, are necessary to protect human
health and the environment.
The procedures specified in 40 CFR 300.425(e) have been followed
for the deletion of the Site. EPA, with concurrence of the Commonwealth
of Virginia through VDEQ, has determined that all appropriate response
actions under CERCLA have been completed. Therefore, EPA is issuing
this Notice of Deletion to delete the Site from the NPL.
V. Deletion Action
The EPA, with concurrence of the Commonwealth of Virginia through
VDEQ, has determined that all appropriate response actions under
CERCLA, other than O&M, 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 August 24, 2020 unless EPA receives adverse comments by
July 23, 2020. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final rule before the effective date of the 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 delete and the comments already received. There will be no
additional opportunity to comment.
List of Subjects in 40 CFR Part 300
Environmental protection, Air pollution control, Chemicals,
Hazardous waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
[[Page 37576]]
Dated: June 16, 2020.
Cosmo Servidio,
Regional Administrator, EPA Region III.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 300 as follows:
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN
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1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1251 et seq.
Appendix B to Part 300--[Amended]
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2. Table 1 of Appendix B to part 300 is amended by removing ``VA,''
``First Piedmont Rock Quarry (Route 719)'', ``Pittsylvania County''.
[FR Doc. 2020-13459 Filed 6-22-20; 8:45 am]
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