[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Rules and Regulations]
[Pages 32081-32085]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13841]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1987-0002; FRL-9315-8]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Coker's Sanitation Service 
Landfills Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region III is 
publishing a direct final Deletion of the Coker's Sanitation Service 
Landfills Superfund Site (Site) located in Cheswold, Kent County, 
Delaware, 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 Delaware, through the 
Delaware Department of Natural Resources and Environmental Control 
(DNREC), 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 August 2, 2011 unless 
EPA receives adverse comments by July 5, 2011. If adverse comments 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-1987-0002, by one of the following methods:
     http://www.regulations.gov . Follow on-line instructions 
for submitting comments.
     E-mail: Darius Ostrauskas, Remedial Project Manager, U.S. 
EPA, ostrauskas.darius@epa.gov
     Fax: (215) 814-3002, Attn: Darius Ostrauskas
     Mail: Darius Ostrauskas, Remedial Project Manager (3HS23), 
U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-2029
     Hand delivery: Darius Ostrauskas, Remedial Project Manager 
(3HS23), U.S. EPA Region III, 1650 Arch Street, Philadelphia, PA 19103-
2029. Phone 215-814-3360, Business Hours: Monday through Friday--9 a.m. 
to 4 p.m. Such deliveries are accepted only 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-
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 
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 the hard 
copy. Publicly available docket materials are available either 
electronically in http://www.regulations.gov or in hard copy at:

U.S. EPA Region III, Library, 2nd Floor, 1650 Arch Street, 
Philadelphia, PA 19103-2029, (215) 814-5254, Monday through Friday 8 
a.m. to 5 p.m.
The Dover Public Library, Reference Department, 45 South State Street, 
Dover, DE 19901, (302) 736-7030, Monday through Thursday, 9 a.m. to 9 
p.m., Friday and Saturday, 9 a.m. to 5 p.m., and Sunday, 1 p.m. to 5 
p.m.

FOR FURTHER INFORMATION CONTACT: Darius Ostrauskas, Remedial Project 
Manager (3HS23), U.S. Environmental Protection Agency, Region III, 1650 
Arch Street, Philadelphia, PA 19103-2029, (215) 814-3360.

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 Coker's Sanitation Service Landfills Superfund 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.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective August 2, 2011 unless EPA 
receives adverse comments by July 5, 2011. 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.

[[Page 32082]]

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 Coker's Sanitation Service 
Landfills 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

    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. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the State of Delaware prior to developing 
this direct final Notice of Deletion and the Notice of Intent to Delete 
the Site co-published today in the ``Proposed Rules'' section of the 
Federal Register.
    (2) EPA has provided the State 30 working days for review of this 
notice and the parallel Notice of Intent to Delete prior to their 
publication today, and the State, through DNREC, 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 
Delaware State News. 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 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 will prepare a response to comments and continue 
with the deletion process on the basis of the Notice of Intent to 
Delete and the comments already received.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

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

Site Background and History

    The Site (EPA Identification Number DED980704860) is located near 
Cheswold in Kent County, Delaware, approximately six miles northwest of 
the City of Dover. The Site consists of two landfills located 
approximately one-half mile apart on opposite sides of County Road 152. 
Landfill No. 1, which is on the north side of County Road 152, and 
Landfill No. 2, which is on the south side of County Road 152, are both 
part of larger, heavily wooded tracts of land. Both landfills are 
fenced off and covered with vegetation. There are no known development 
plans for the properties occupied by the landfills. Properties adjacent 
to both landfills are primarily used for agricultural or light 
residential development. Landfill No. 1 is bordered on the north by a 
forested wetland that includes a shallow meandering stream, the Willis 
Branch of the Leipsic River. Agricultural lands border the tree lines 
east and west of Landfill No. 2. Deer and other wildlife populate this 
area of Kent County. Groundwater near the Site is used for domestic 
purposes, including drinking water.
    Landfill No. 1 is located on property owned by Alberta F. Schmidt. 
Use of Landfill No. 1 began in 1969 under a permit issued by the 
Delaware Water and Air Resources Commission. DNREC issued subsequent 
permits (1973-1976). The landfill was closed in 1977 in accordance with 
the Delaware Solid Waste Disposal Regulations of August 1974. During 
landfill operation, latex waste sludge was discharged into unlined 
trenches that were six to eight feet deep and twelve feet wide. Liquids 
were allowed to drain off as solids settled. Trenches were then 
backfilled with soil obtained locally.
    Landfill No. 2, located on property owned by Kowinsky Farms, Inc., 
was operated from 1976 to 1980 under a state permit. The permit 
required each six-foot deep, twenty-eight foot wide, one hundred 
twenty-five foot long trench to have a synthetic liner. The permit also 
required leachate collection, installation of groundwater monitoring 
wells, regularly scheduled site inspections, and periodic groundwater 
and leachate monitoring. When the Site was closed in 1980, all trenches 
were capped with two feet of native soil. As waste settled and no 
longer generated collectable quantities of leachate, the leachate 
collection was phased out in the early 1980's.
    EPA conducted an initial Site Investigation in 1980, and a second 
one in 1983. Elevated levels of acrolein were found in one well and in 
one leachate collection pipe on Landfill No. 2. Ethylbenzene was 
detected in the same well and leachate collection pipe. Bis(2-
chloroethyl) ether was detected in Landfill No. 1 leachate seeps. The 
Site was proposed for inclusion on the NPL in the Federal Register on 
April 10, 1985 (50 FR 14115), and included on the NPL in the Federal 
Register on July 22, 1987 (52 FR 27620).

[[Page 32083]]

Remedial Investigation and Feasibility Study (RI/FS)

    In April 1986, EPA issued letters to several Potentially 
Responsible Parties (PRPs) notifying them of their potential liability 
for Site response actions and inviting them to conduct the RI/FS. On 
December 30, 1987, three PRPs signed an agreement with EPA in the form 
of an Administrative Order on Consent to conduct the RI/FS.
    Media investigation during the RI/FS included waste, leachate, 
groundwater, surface water and sediment, soil, and air. Among the 
different media types investigated, waste contained the highest number 
of contaminants at the highest levels for styrene, ethylbenzene, and 
phenolic compounds. Leachate from Landfill No. 2 (taken from leachate 
collection trenches within the lined cells) contained the same 
contaminants, but at lower levels. The waste and leachate were 
determined to pose a threat to human health and the environment. 
Groundwater at both landfills contained similar compounds but at 
significantly lower levels, and it was determined that they did not 
pose a threat to human health or the environment.
    The FS provided an in-depth analysis of the following potential 
remedial alternatives: (1) No Action; (2) Monitoring; (3) Limited 
Action; (4) Soil Cap; (5) Multi-Layer Cap (both landfills) and Sub-
drain (Landfill No. 1 only); (6) Volatile Organic Compound (VOC) 
Stripping by Aeration ; and (7) On-site Incineration (of Waste). The FS 
also analyzed EPA and DNREC's preferred alternative, alternative 3. The 
parties agreed, under a separate order, to remove drums containing 
varying quantities of latex waste found on-site during the RI.

Selected Remedy

    EPA issued a Record of Decision (ROD) for the Site on September 28, 
1990. Under the ROD, the remedial action objective was to reduce the 
potential for future contact with waste at the Site and thereby reduce 
risk to within EPA guidelines.
    The waste materials found in the landfills at the Site are neither 
liquid nor highly mobile, and can be controlled reliably in place. The 
Site contains a large volume of material that would be difficult to 
handle and treat due to clay-like physical properties and the potential 
risk posed by substantial release of volatile organic compounds. EPA 
and DNREC determined that on-site containment of the waste was an 
appropriate remedial action.
    The selected remedy addresses the principal threats posed by the 
conditions at the Site by reducing the potential for human exposure to 
wastes remaining at the Site. The major components of the selected 
remedy are as follows:
     Land use restrictions placed on both landfill properties.
     The entire waste disposal areas of both landfills are 
enclosed by a chain-link security fence with a locked gate to restrict 
the access of unauthorized persons and equipment onto the landfills. 
Appropriate warning signs are placed along the fence.
     Cover material was placed along the northern slope of 
Landfill No. 1 to eliminate exposure to leachate seeps.
     Areas of Landfill No. 2, which had subsided due to uneven 
settling of waste, were backfilled to grade and seeded.
     Leachate collection wells at Landfill No. 2 were sealed 
with grout to reduce the potential for direct contact with leachate.
     Groundwater was initially sampled semi-annually at both 
landfills; now, it is sampled at least once every five years.
     The landfills are inspected semi-annually.
     Surface water monitoring was conducted at the Willis 
Branch adjacent to
    Landfill No. 1 at the same time as groundwater monitoring for a 
period of no less than five years. In response to monitoring 
requirements identified in the ROD, a groundwater and surface water 
monitoring program has been implemented at the Site. This monitoring 
program has included the identification of trigger levels for 
contaminants of concern for groundwater and surface water for both 
Landfill No.1 and Landfill No. 2. The trigger levels for Landfill No. 1 
were developed primarily for the protection of aquatic wildlife due to 
the proximity of the Willis Branch and lack of potential human 
receptors. For Landfill No. 2, the trigger levels were developed to 
protect human health due to the proximity of nearby residential wells. 
Those levels are:

------------------------------------------------------------------------
                                          Landfill No. 1  Landfill No. 2
         Contaminant of concern               [mu]g/L         [mu]g/L
------------------------------------------------------------------------
Groundwater:
    Styrene.............................            2900             100
    Ethylbenzene........................            3200               5
    1,2,3-trichloropropane..............  ..............               5
    Phenolics...........................  ..............           22999
    Antimony............................  ..............               6
Surface Water:
    Styrene.............................            1400  ..............
    Ethylbenzene........................            1600  ..............
    Xylenes.............................             900  ..............
------------------------------------------------------------------------

Response Actions

    The following is a summary of the activities that were completed at 
the Site.
     An Environmental Protection Easement and Declaration of 
Restrictive Covenants between Alberta Schmidt, as Grantor, and DNREC, 
on behalf of the State of Delaware, as Grantee, relating to Landfill 
No. 1 was signed on February 24, 2005. The document was recorded with 
the Office of the Recorder of Deeds for Kent County, Delaware on April 
18, 2005, to implement the institutional controls (land use 
restrictions) for Landfill No. 1.
     An Environmental Protection Easement and Declaration of 
Restrictive Covenants between Kowinsky Farms, Inc, as Grantor, and 
DNREC, on behalf of the State of Delaware, as Grantee, relating to 
Landfill No. 2 was signed on September 24, 2008. The document was 
recorded with the Office of the Recorder of Deeds for Kent County, 
Delaware on November 26, 2008, to implement the institutional controls 
(land use restrictions) for Landfill No. 2.
     On April 8, 1992, the PRPs entered into a Consent Decree 
with EPA pursuant to which the PRPs agreed to implement the remedy 
selected in the ROD. The PRPs started construction activities in early 
July 1993.
     Remedial construction activities at Landfill No.1 
consisted of clearing the

[[Page 32084]]

perimeter of vegetation so that the security fence could be installed. 
Leachate seeps were covered with wood chip mulch. Following 
installation of the security fence, cleared areas were seeded. Lastly, 
warning signs were posted around the landfill perimeter.
     At Landfill No. 2, remedial construction activities were 
more extensive. First, the landfill was cleared of all vegetation. 
Trees within the landfill perimeter were cut and chipped for mulch. 
Each waste cell's leachate collection system was grout sealed. Settled 
waste cells were filled with clean fill and the entire landfill surface 
was re-graded. Top soil was added; the landfill was then graded and 
seeded. A security fence was installed around the landfill. Finally, 
warning signs were placed around the landfill perimeter.
     Three wells were sampled at Landfill No. 1 and four at 
Landfill No. 2. The sampling parameters were ethylbenzene, styrene, 
1,2,3-trichloropropane, antimony, and phenolics, as well as field 
parameters. Groundwater was sampled semi-annually in 1993 and 1994, and 
then annually through 1998. During this period, all sampling results 
for contaminants of concern were below established trigger levels for 
both Landfill No. 1 and Landfill No. 2, as well as Maximum Contaminant 
Levels (MCLs) established under the Safe Drinking Water Act. In 1999, 
EPA determined that the subject monitoring could be discontinued. In 
2009, the monitoring resumed at a frequency of at least once every five 
years. Sampling in 2009 found that all contaminants of concern were 
below the established trigger levels and MCLs.
     The Site has been inspected regularly as required in the 
ROD and routine maintenance activities have been performed as needed. 
The routine maintenance activities have generally consisted of minor 
fence repair, replacement of warning signs, and mowing the surface of 
Landfill No. 2.
    On September 9, 1993, EPA and DNREC conducted the final 
construction inspection. On September 29, 1993, EPA signed the 
Preliminary Site Close Out Report (PCOR), which documented that the 
PRPs had completed construction activities at the Site. EPA signed the 
Final Close Out Report on February 19, 2009, which documented 
completion of all response action, other than operation, maintenance, 
and five-year reviews.

Cleanup Goals

    EPA approved the Sampling and Analysis Plan (Part IV of the 
Remedial Design Submittal) requiring periodic sampling of groundwater, 
surface water and sediments. Sampling under the subject Plan was 
initiated at the start of remedial action (RA) activities and continued 
for six years. During that time, the monitored contaminants of concern 
at Landfill No.1 and Landfill No. 2 were well below identified trigger 
levels. In response to the results of this monitoring, the First Five-
Year Review for the Site issued by EPA in 1999 found that monitoring of 
groundwater and surface water at the Site could be discontinued. 
However, during the preparation and completion of the Final Close Out 
Report for the Site in February 2009, EPA determined that monitoring 
should resume and be conducted at a minimum of once every five years 
because waste has been left in place at the Site.

Operation and Maintenance (O&M)

    The landfills are inspected semi-annually to identify any 
maintenance activities that need to be conducted to ensure continued 
performance of the RA. Inspection frequency was quarterly for the first 
year to provide for seep cover inspection and maintenance. The EPA-
approved O&M Plan presented the requirements for the Site inspections, 
and included a checklist that was used to document inspection 
observations and results. O&M began following EPA's certification that 
the RA activities were completed. O&M activities that will continue at 
the Site are mowing and semi-annual inspections. Also, because waste 
remains onsite, groundwater and surface water monitoring will be 
performed once every five years.
    An Environmental Protection Easement and Declaration of Restrictive 
Covenants between Alberta Schmidt, as Grantor, and DNREC, on behalf of 
the State of Delaware, as Grantee, relating to Landfill No.1 was signed 
on February 24, 2005. The document was recorded with the Office of the 
Recorder of Deeds for Kent County, Delaware on April 18, 2005, to 
implement the institutional controls for Landfill No. 1.
    An Environmental Protection Easement and Declaration of Restrictive 
Covenants between Kowinsky Farms, Inc, as Grantor, and DNREC, on behalf 
of the State of Delaware, as Grantee, relating to Landfill No. 2 was 
signed on September 24, 2008. The document was recorded with the Office 
of the Recorder of Deeds for Kent County, Delaware on November 26, 
2008, to implement institutional controls for Landfill No. 2.
    The implemented institutional controls (land use restrictions) for 
both Landfill No. 1 and Landfill No. 2 prohibit disturbance of the 
onsite containment remedies.

Five-Year Review

    EPA has conducted three (3) statutory Five-Year Reviews for this 
Site. Since the remedies selected for the Site allow hazardous 
substances, pollutants, or contaminants to remain onsite above levels 
that allow for unlimited use and unrestricted exposure, statutory Five-
Year Reviews are required. These reviews are conducted pursuant to 
CERCLA Section 121(c), 42 U.S.C. 9621(c), and as provided in the 
current guidance on Five-Year Reviews.
    The first Five-Year Review for the Site was completed on January 6, 
1999, and the second Five-Year Review was completed on May 25, 2004. 
Both of these Five-Year Reviews found the remedy to be not fully 
protective due to the need for institutional controls in both cases.
    The most recent Five-Year Review was completed on May 22, 2009. 
With the implementation of institutional controls, this Five-Year 
Review found no issues that affected the current or future 
protectiveness of the remedy for the Site and concluded that the remedy 
at the Site is protective over the short term and the long term.
    The next Five-Year Review will be completed by May 25, 2014.

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 deletion docket which EPA relied on for 
recommendation of the deletion from the NPL are available to the public 
in the information repositories.
    Before the start of construction activities, representatives of the 
PRPs visited residents whose homes were adjacent to the landfills on 
both sides of County Road 152. Residents who were at home at the time 
of the visit were informed of the start date and the nature and 
duration of the construction activities. The PRP representatives 
answered questions that the residents asked about the construction 
activities. Fact sheets advising the residents of the construction 
activities were given to residents in person or were placed in their 
mailboxes. EPA issued a fact sheet in July 1993, at about midway 
through the construction activities. The fact sheet presented a 
description of the Site remedial action and project status.
    EPA notified local officials about upcoming Five-Year Reviews. EPA 
placed notices in the Delaware State News to inform the public that the 
Five-Year Reviews were being conducted and when the findings of each 
would be available.

[[Page 32085]]

Determination That the Criteria for Deletion Have Been Met

    No further response action under CERCLA is appropriate. EPA has 
determined based on the investigations conducted that all appropriate 
response actions required have been implemented at the Site. Through 
the third Five-Year Review, EPA has also determined that the remedy is 
considered protective of human health and the environment and, 
therefore, additional remedial measures are not necessary. Other 
procedures required by 40 CFR 300.425(e) are detailed in Section III of 
this direct Final Notice of Deletion.

V. Deletion Action

    The EPA, with concurrence dated September 16, 2010, of the State of 
Delaware, through DNREC, has determined that all appropriate response 
actions under CERCLA, other than operation, maintenance, and five-year 
reviews, have been completed. Therefore, EPA is deleting the Site from 
the NPL.
    Because EPA considers this action noncontroversial and routine, EPA 
is taking it without prior publication. This action will be effective 
August 2, 2011 unless EPA receives adverse comments by July 5, 2011. 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. 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.

     Dated: April 29, 2011.
James W. Newsom,
Acting Regional Administrator, Region III.
    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, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923, 3 CFR 1987 Comp., p.193.


0
2. Table 1 of Appendix B to part 300 is amended by removing ``DE'', 
``Coker's Sanitation Service Landfills'', ``Kent County''.

[FR Doc. 2011-13841 Filed 6-2-11; 8:45 am]
BILLING CODE 6560-50-P