[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Rules and Regulations]
[Pages 5930-5932]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-2058]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7868-6]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule of deletion of the Southern Maryland Wood 
Treating Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region III is 
publishing a direct final rule of deletion of the Southern Maryland 
Wood Treating Superfund Site (Site), located in Hollywood (St. Mary's 
County), Maryland, from the National Priorities List (NPL).
    The NPL, promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980, as 
amended (CERCLA), is Appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final rule of deletion is being published by EPA with the 
concurrence of the State of Maryland, through the Maryland Department 
of the Environment (MDE), because EPA has determined that all 
appropriate response actions under CERCLA have been completed and, 
therefore, further remedial action pursuant to CERCLA is not 
appropriate.

DATES: This direct final rule deletion will be effective April 5, 2005, 
unless EPA receives adverse comments by March 7, 2005. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final rule deletion in the Federal Register informing the public 
that the deletion will not take effect.

ADDRESSES: Comments may be mailed to: Robert Sanchez, Remedial Project 
Manager, U.S. EPA Region III (3HS23), 1650 Arch Street, Philadelphia, 
PA 19103-2029, (215) 814-3451.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: U.S. EPA Region III, Regional Center for 
Environmental Information (RCEI), 1650 Arch Street (2nd Floor), 
Philadelphia, PA 19103-2029, (215) 814-5254, Monday through Friday, 8 
a.m. to 5 p.m.; and in Maryland at the St. Mary's County Library, 23250 
Hollywood Road, Leonardtown, MD 20650 (301) 475-2846, Monday through 
Friday, 8 a.m. to 4 p.m.

FOR FURTHER INFORMATION CONTACT: Robert Sanchez, Remedial Project 
Manager, U.S. EPA Region III (3HS23), 1650 Arch Street, Philadelphia, 
PA 19103-2029, (215) 814-3451 or 1-800-553-2509.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region III is publishing this direct final notice of deletion 
of the Southern Maryland Wood Treating Superfund Site from the NPL.
    The EPA identifies sites that appear to present a significant risk 
to public health or the environment and maintains the NPL as the list 
of those sites. As described in Sec.  300.425(e)(3) of the NCP, sites 
deleted from the NPL remain eligible for remedial actions if conditions 
at a deleted site warrant such action.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective April 5, 2005, unless 
EPA receives adverse comments by March 7, 2005, on this document or the 
parallel notice of intent to delete published in the ``Proposed Rules'' 
section of today's Federal Register. If adverse comments are received 
within the 30-day public comment period on this notice or the notice of 
intent to delete, EPA will publish a timely withdrawal of this direct 
final notice of deletion before the effective date of the deletion and 
the deletion will not take effect. EPA will, as appropriate, prepare a 
response to comments and continue with the deletion process on the 
basis of the notice of intent to delete and the comments already 
received. There will be no additional opportunity to comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Southern Maryland Wood 
Treating Superfund Site and demonstrates how it meets the deletion 
criteria. Section V discusses EPA's action to delete the Site from the 
NPL unless adverse comments are received during the public comment 
period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be deleted 
from the NPL where no further response is appropriate. In making a 
determination to delete a Site from the NPL, EPA shall consider, in 
consultation with the State, whether any of the following criteria have 
been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed (Hazardous Substance Superfund 
Response Trust Fund) response under CERCLA has been implemented, and no 
further response action by responsible parties is appropriate; or
    iii. The remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants, or contaminants remain at the deleted site above levels 
that allow for unlimited use and unrestricted exposure, CERCLA section 
121(c), 42 U.S.C. 9621(c), requires that a subsequent review of the 
site be conducted at least every five years after the initiation of the 
remedial action at the deleted site to ensure that the action remains 
protective of public health and the environment. If new information 
becomes available which indicates a need for further action, EPA may 
initiate remedial actions. Whenever there is a significant release from 
a site deleted from the NPL, the deleted site may be restored to the 
NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the State of Maryland on the deletion of the 
Site from the NPL prior to developing this direct final notice of 
deletion.
    (2) The State of Maryland has concurred with deletion of the Site 
from the NPL.

[[Page 5931]]

    (3) Concurrently with the publication of this direct final notice 
of deletion, a notice of the availability of the parallel notice of 
intent to delete published today in the ``Proposed Rules'' section of 
the Federal Register is being published in a major local newspaper of 
general circulation at or near the Site and is being distributed to 
appropriate Federal, State, and local government officials and other 
interested parties; the newspaper notice announces the 30-day public 
comment period concerning the notice of intent to delete the Site from 
the NPL.
    (4) EPA placed copies of documents supporting the deletion in the 
Site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this notice or the companion notice of intent to 
delete also published in today's Federal Register, EPA will publish a 
timely notice of withdrawal of this direct final notice of deletion 
before its effective date. EPA will, as appropriate, prepare a response 
to comments and continue with the deletion process on the basis of the 
notice of intent to delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

Site History and Characteristics

Land and Resource Use
    The Southern Maryland Wood Treating Site is approximately 25 acres 
in size and is located on a 94-acre parcel of land just west of 
Maryland Route 235 approximately one mile north of Hollywood, Maryland. 
The upland portion of the Site where most of the remedial work took 
place is approximately 25 acres. The remainder of the Site is situated 
in or near a flood plain area. Title of the property which constitutes 
the Site is being held by a bankruptcy trustee. The Site is bounded by 
residential, agricultural and wooded tracts of land. The Site is the 
head waters of Old Tom's Run which eventually flows into Breton Bay and 
then into the Potomac River.
History of Contamination/Response Actions
    The Site was owned and operated by the Southern Maryland Wood 
Treating Corporation from 1965 to 1978 as a pressure treatment wood 
preservation facility. Creosote and pentachlorophenol (PCP) were used 
as wood preservatives by the facility. Six unlined lagoons were used 
for disposal of liquid wastes from the process. As a result of such 
disposal practices, onsite soils and ground water beneath the lagoons 
became contaminated. Non-aqueous phase liquids (NAPLs), both light 
(LNAPLs) and dense (DNAPLs), were found in the subsurface beneath the 
lagoons and above the underlying clay layer. Additionally, due to 
ground water discharge to the onsite pond from the lagoon area, surface 
water and sediments in the onsite pond and sediments in Old Tom's Run 
(east and west tributaries) became contaminated. Storage of treated 
wood onsite resulted in surface soil contamination in the northern 
section of the site and northeast tank area.
    On March 14, 1985, EPA initiated its first response action, namely 
a removal action, at the Site after the discovery of contaminated 
material seeping into the onsite freshwater pond. During the removal 
action EPA excavated 1,400 cubic yards of contaminated sediments from 
the freshwater pond. The sediments were stabilized with cement kiln 
dust and encapsulated on the Site, and remained on the Site until a 
final treatment. The Site was promulgated on the National Priorities 
List on June 10, 1986. In 1988, EPA concluded a Remedial Investigation 
(RI) and Feasibility Study (FS) for the Site. Based on the findings of 
these studies, EPA issued a Record of Decision on June 29, 1988 (1988 
ROD). In the 1988 ROD EPA's selected remedy consisted of the 
construction of a subsurface barrier wall around the former lagoon 
area, excavation and onsite incineration of contaminated soil and 
pumping and treatment of contaminated ground water. Construction of the 
substance barrier (sheet pile wall) was completed in November of 1990. 
By May 1992, design of the incinerator and the ground water treatment 
system were 95% complete. At that point, local citizens and local 
government entities expressed opposition to an onsite incinerator. The 
design work was suspended and EPA proposed to conduct a Focused 
Feasibility Study (FFS) to reevaluate the remedy for the Site.
    On June 29, 1993, a second removal action was initiated to address 
certain immediate threats at the Site while the FFS was being 
conducted. This action included the demolition of several buildings 
that were in danger of collapse; the removal and off-site disposal of 
liquid and solid waste in numerous tanks and retorts; maintaining the 
pile of previously excavated and stabilized sediment; the construction 
of an underflow dam to reduce the amount of contaminated material 
migrating from the onsite pond into the west tributary stream; the 
construction of a trench upgradient of the pond to collect contaminated 
ground water, and the construction of a water treatment facility. The 
water treatment plant (WTP-1) became fully operational in 1995.
    The Focused Feasibility Study (FFS) was completed in February 1995. 
Based on the FFS, the EPA issued a second Record of Decision on 
September 8, 1995 (1995 ROD). In this 1995 ROD, EPA revised the remedy 
selected in the 1988 ROD from incineration to thermal desorption which 
the community accepted as the remedy. In addition to excavation of the 
upland area, some excavation in the small tributary stream that 
receives storm water runoff from the former lagoon area was conducted.
    Two large continuous thermal desorption units with vapor recovery 
units were constructed on-site and became operational in June 1998. 
Soil treatment operations continued until October 6, 2000. At that 
point, approximately 270,600 tons of contaminated soils and sediments 
had been successfully treated. The Site was re-graded and re-vegetated 
with a diverse mixture of wildflowers and grains suitable for wildlife 
habitant. Demobilization activities began in October 2000 and continued 
until December 2000.

Cleanup Standards

    During the excavation and thermal desorption process, but before 
backfilling was conducted, all treated soil was sampled to determine if 
contaminants had been properly removed from the soils and sediments. 
Based on this sampling, EPA determined that all of the treated Site 
soils were cleaned to the required performance standards. These 
standards were established in the 1995 ROD as Remedial Action 
Objectives (``RAOs''). The RAOs set soil clean-up levels of 0.1 ppm 
Benzo (a) Pyrene (B(a)P) equivalent for surface soils (within two feet 
of the surface) and 1.0 ppm B(a)P equivalent

[[Page 5932]]

for subsurface soils (below two feet from the surface). However, during 
the remedial action data showed that in areas where the Site soils were 
below the Benzo (a) Pyrene (B(a)P) clean-up levels there were still 
high levels of pentachlorophenol (PCP) in the soil. To assure that the 
soil in these areas was treated, a non-significant change to the 1995 
ROD was issued by EPA on March 5, 1999. This non-significant change 
established a cleanup level of 5.0 ppm PCP. In addition, another non-
significant change was the use of treated soils from the Site as 
backfill below the water table. These treated soils were required to 
meet a clean-up level of 1.7 ppm PCP. This change from the 1995 ROD was 
announced during the public meeting on November 7, 1996 and documented 
in the ``Site Specific Work Plan,'' dated July 1997.

Post Closure Monitoring

    A Post Closure Monitoring Plan, dated November 2000, was prepared 
to verify the success of the cleanup. The plan required sampling a 
network of monitoring wells throughout the Site including one well at 
the center of the former lagoon area. In addition the plan required the 
evaluation of the restored uplands and wetlands areas that had 
undergone excavation, backfilling, and re-vegetation. The monitoring 
wells were sampled quarterly from October 2000 to September 2002. 
Samples were analyzed for target compounds such as semi-volatiles, 
polynuclear aromatic hydrocarbons (PAH), and pentachlorophenol (PCP). 
All the sampling results showed that levels for these contaminants were 
well below their respective Maximum Contaminant Levels (MCLs) 
established under the Safe Drinking Water Act, 42 U.S.C. 300f et seq. 
Formal inspections of the wetland and upland areas were conducted 
concurrently with the monitoring well sampling effort. These areas 
showed no signs of erosion. All disturbed wetland areas have 
stabilized. The disturbed uplands areas are currently stabilized with 
grass, and the overall upland area is showing 95 percent total 
herbaceous coverage. After completion of sampling in September 2002 all 
monitoring wells and the 600-foot deep production well were 
subsequently closed out in accordance with MDE regulations for well 
abandonment. The production well required special close-out procedures 
involving blasting. The concern for this very deep well was that ground 
water from the upper non-potable aquifer could migrate down to the 
lower potable aquifer along possible voids on the outside of the well 
sleeve. Complete separation of these two aquifers was assured by 
blasting the well sleeve open at a point where there was an impervious 
clay layer between the upper and lower aquifers and then pumping in 
grout material to seal the well.

Five-Year Review

    EPA has completed two Five-Year Reviews for this Site. The first 
was completed on September 30, 1994 and the second on September 30, 
1999. Since the clean-up was ongoing these reviews were not required by 
statute, but were conducted as a matter of policy.
    Five-Year Reviews are required at sites where the remedial action 
results in hazardous substances, pollutants or contaminants remain at 
the site above levels that allow for unrestricted use and unrestricted 
exposure. The response actions conducted at the Southern Maryland Wood 
Treating Site are now complete, and allow for unlimited use and 
unrestricted exposure, thus no additional Five-Year Reviews will be 
conducted for this Site.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42 
U.S.C. 9617. Documents in the Site docket which EPA relied on for 
recommendation of the deletion of the Site from the NPL are available 
to the public in the information repositories.

V. Deletion Action

    EPA, with the concurrence of the State of Maryland, has determined 
that all appropriate responses under CERCLA have been completed at the 
Site, and that no further response actions are necessary. Therefore, 
EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective April 5, 2005, unless 
EPA receives adverse comments by March 7, 2005, on this notice or the 
parallel notice of intent to delete published in the ``Proposed Rules'' 
section of today's Federal Register. If adverse comments are received 
within the 30-day public comment period, EPA will publish a timely 
withdrawal of this direct final notice of deletion before the effective 
date of the deletion and it will not take effect and EPA will also 
prepare a response to comments and continue with the deletion process 
on the basis of the notice of intent to delete and the comments already 
received. There will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: January 26, 2005.
Richard J. Kampf,
Acting Regional Administrator, Region III.


0
For the reasons set out in the preamble, 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, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923, 3 CFR, 1987 Comp., p. 193.

Appendix B--[Amended]

0
2. Table 1 of Appendix B to Part 300 is amended under Maryland (``MD'') 
by removing the site name ``Southern Maryland Wood Treating, 
Hollywood.''

[FR Doc. 05-2058 Filed 2-3-05; 8:45 am]
BILLING CODE 6560-50-P