[Federal Register Volume 65, Number 98 (Friday, May 19, 2000)]
[Rules and Regulations]
[Pages 31821-31823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-12516]



40 CFR Part 300


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct Final Action to Delete Releases at the Mid-Atlantic Wood 
Preservers, Inc. Site from the National Priorities List (NPL).


SUMMARY: The EPA announces the deletion of releases at the Mid-Atlantic 
Wood Preservers, Inc. Site (the Site) from the NPL. The NPL is 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 of 1980 (CERCLA), as amended. The EPA 
has determined that no further response pursuant to CERCLA is 

DATES: This ``direct final'' action will be effective July 18, 2000 
unless EPA receives dissenting comments by June 19, 2000. 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 
rule will not take effect.

ADDRESSES: Comments may be mailed to Matthew T. Mellon, Remedial 
Project Manager, U.S. EPA, Region III, 1650 Arch Street (3HS23), 
Philadelphia, PA 19103-2029.
    Comprehensive information on the Site is available at EPA's Region 
III office and at the local information repository located at the 
Provinces Branch Library, Severn Square Shopping Center, 2624 Annapolis 
Road, Severn, MD 21144.
    Requests for copies of documents associated with this action should 
be directed to the Region III Docket Office. The address and phone 
number for the Regional Docket Office is U.S. EPA Region III Public 
Reading Room, 1650 Arch Street, Philadelphia, PA 19103-2029; (215) 814-


Matthew T. Mellon, Remedial Project Manager, U.S. EPA, Region III, 1650 
Arch Street (3HS23), Philadelphia, PA 19103-2029, (215) 814-3168, or
Richard Kuhn, Community Involvement Coordinator, U.S. EPA, Region III, 
1650 Arch Street (3HS43), Philadelphia, PA 19103-2029, (215) 814-3063.

[[Page 31822]]


Table of Contents

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

I. Introduction

    EPA Region III announces the deletion of releases at the Site from 
the NPL, which constitutes Appendix B of the NCP. The EPA identifies 
sites that appear to present a significant risk to public health, 
welfare or the environment, and maintains the NPL as the list of those 
sites. Sites on the NPL may be the subject of remedial actions financed 
by the Hazardous Substance Superfund (Fund). Pursuant to 
Sec. 300.425(e)(3) of the NCP, any site deleted from the NPL remains 
eligible for Fund-financed remedial actions if the conditions at the 
Site warrant such action.
    The EPA will accept comments on this notice for 30 days after 
publication of this notice in the Federal Register.
    Section II of this notice explains the criteria for deleting sites 
from the NPL. Section III discusses procedures that EPA is using for 
this action. Section IV discusses the history of the Mid-Atlantic Wood 
Preservers, Inc. Site and explains how the Site meets the deletion 
criteria. Section V announces EPA's intention to delete the Site from 
the NPL unless dissenting comments are received during the comment 

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 this 
determination, 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; or
    (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, taking of remedial measures is not appropriate.
    Sites may not be deleted from the NPL until the State in which the 
site is located has concurred on the proposed deletion.

III. Deletion Procedures

    Section 300.425(e)(4) of the NCP sets forth requirements for site 
deletions to ensure public involvement in the decision. The EPA is 
required to conduct the following activities:
    (i) Publish a notice of intent to delete in the Federal Register 
and solicit comment through a public comment period of a minimum of 30 
calendar days;
    (ii) Publish a notice of availability of the notice of intent to 
delete in a major local newspaper of general circulation at or near the 
    (iii) Place copies of information supporting the proposed deletion 
in the information repository at or near the site proposed for 
deletion; and,
    (iv) Respond to each significant comment and any significant new 
data submitted during the comment period and include this response 
document in the final deletion package.
    Upon completion of the public comment period, the EPA Regional 
Office will, if necessary, prepare a Responsiveness Summary to evaluate 
and address comments that were received. The public is welcome to 
contact the EPA Region III Office to obtain a copy of this 
Responsiveness Summary, if one is prepared.
    If none of the comments received during the comment period are 
dissenting, the Site will be deleted from the NPL, effective July 18, 
    Deletion of sites from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Furthermore, deletion 
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 Agency management.

IV. Basis for Site Deletion

    The Mid-Atlantic Wood Preservers, Inc. Site occupies approximately 
3.17 acres straddling Shipley Avenue in Harmans, Anne Arundel County, 
Maryland in a mixed industrial and residential area. Between 1974 and 
February 1993, the Site was occupied by a wood treatment facility 
operated under the name of Fort McHenry Lumber Company, d/b/a Mid-
Atlantic Wood Preservers, Inc. (collectively MAWP). Until MAWP ceased 
operations, this facility utilized a chromated copper arsenate (CCA) 
water-borne wood treating process. This two-part process began by 
pressure treating dimensional lumber in a housed processing plant. The 
wood was then moved to a concrete drip pad and left to dry. The 
facility consisted of two parcels: a Treatment Yard to the east of 
Shipley Avenue and a Storage Yard to the west.
    Stoney Run Creek flows north through a wetland area approximately 
six hundred feet west of the Site, extending approximately four miles 
before discharging to the Patapsco River near Elkridge, Maryland. 
Drainage from the Treatment Yard enters the storm water drain in 
Shipley Avenue, which ultimately discharges to Stoney Run Creek, 
approximately 1200 feet from the Site. Drainage from the Storage Yard 
flows west to Stoney Run Creek.
    In 1978, water in a shallow residential well hydraulically 
downgradient of the MAWP facility was found to contain up to 19,500 
g/l chromium, far exceeding the Federal and State drinking 
water standard of 50 g/l for chromium (this standard has since 
been increased to 100 g/l). Subsequently, the Maryland Water 
Resources Administration (WRA) identified MAWP as a user of chromium 
and a potential source of ground water contamination.
    In February 1979, the Maryland WRA determined that MAWP had 
discharged CCA into the soil and that the ground water beneath the 
facility had become contaminated with chromium and arsenic. The 
Maryland WRA issued an Administrative Order requiring MAWP to develop 
and implement a plan to remove contaminated soil and to remediate 
contaminated ground water in the vicinity of the facility. Mandated 
actions included removal of twenty-six cubic yards of contaminated soil 
at the facility, modification of the product storage system to prevent 
overflows, and installation of a concrete drainage pad to collect CCA 
drippings. On December 26, 1980, Maryland WRA issued a ``Notice of 
    A Site Investigation was performed at the Site by EPA in January 
1983. Analyses of ground water indicated that arsenic and chromium 
levels in the ground water still exceeded drinking water standards. The 
public water supply was extended to properties in the area by the local 
government. The Site was promulgated to the National Priorities List 
(NPL) in June 1986. In July 1986, MAWP entered into a Consent Order 
with EPA to perform a Remedial Investigation and Feasibility Study (RI/
FS) at the Site.
    The RI reaffirmed the presence of elevated levels of arsenic in the 
on-Site soil and slightly elevated levels of chromium in the ground 
water. The risk assessment concluded that arsenic and chromium were 
contaminants of concern and that the potential carcinogenic risk at the 
Site was dominated by incidental ingestion of

[[Page 31823]]

on-Site surface soil by workers. On December 31, 1990, the EPA Regional 
Administrator signed the Record of Decision (ROD) identifying the 
remedial action to be taken to address the unacceptable risks to human 
health identified in the RI/FS process.
    In December 1991, following unsuccessful efforts to negotiate a 
Consent Decree with MAWP, EPA issued a Unilateral Administrative Order 
(UAO) requiring MAWP to implement the selected remedy. The selected 
remedy, as described in the ROD and the UAO, consisted of the 

     Excavation, stabilization and off-site disposal of 
``hot spots'' of contaminated soils with arsenic concentrations 
greater than 1,000 mg/kg;
     Construction of an enlarged roofed drip pad that 
complies with the Resource Conservation and Recovery Act (RCRA) 
Subpart W wood treating regulations;
     Capping of those portions of the Treatment Yard that 
were not covered by the treatment plant, enlarged drip pad or paved 
parking area with an asphalt/concrete cap;
     Capping of soils in the Storage Yard contaminated with 
arsenic exceeding 10 mg/kg with an asphalt/concrete cap;
     Excavation of any off-Site soils containing arsenic at 
concentrations greater than 10 mg/kg (i.e., background concentration 
of arsenic in area soils) and consolidation of those soils on-Site 
prior to paving with the asphalt/concrete cap;
     Environmental monitoring to ensure the effectiveness of 
the remedy;
     Implementation of a deed restriction to preclude future 
land use which might compromise the effectiveness of the remedy.

    Pre-design sampling performed in April and June 1992 indicated that 
no soil on- or off-site had concentrations of arsenic greater than 
1,000 mg/kg and therefore, excavation, stabilization and off-site 
disposal was not necessary. Predesign sampling did, however, indicate 
that surface soils on a portion of the adjacent Number One Supply 
property had been contaminated by runoff from the MAWP property. The 
sampling results indicated that the western portion of the Number One 
Supply property nearest the paved parking lot was not contaminated 
(i.e., levels of arsenic were less than 10 mg/kg), but the center 
portion and the eastern portions of the property did contain arsenic at 
concentrations greater than 10 mg/kg.
    On February 4, 1993, MAWP informed EPA that it was ceasing business 
operations and closing the facility. Because MAWP was ceasing its wood 
treating operations, there was no longer a need to expand the drip pad 
to prevent potential future releases from wood drying operations. The 
remedial objectives were satisfied by extending the asphalt cap to all 
areas of the Treatment Yard not currently paved or covered by existing 
buildings, including those areas previously planned to be covered by 
the expanded drip pad.
    The Remedial Action Work Plan and Remedial Design were approved by 
EPA on May 14, 1993. The scaled-back remedy included excavation and 
consolidation of contaminated soils from the Number One Supply 
property, paving of the MAWP property, implementation of institutional 
controls, long-term monitoring, and maintenance of the asphalt cap.
    Construction activities were implemented from June to August 1993. 
In September 1993, EPA negotiated a Prospective Purchaser Agreement 
(PPA) with Gunther's Leasing Transport, Inc. (Gunther), which became 
effective January 24, 1994. In accordance with the PPA, Gunther agreed 
to implement the necessary institutional controls and perform operation 
and maintenance (O&M) activities, including environmental monitoring, 
as required by the EPA-approved O&M Plan. On July 5, 1994, Gunther 
filed EPA-approved ``Restrictions on Land Use'' for the MAWP site with 
the Clerk of Circuit Court, Anne Arundel County, Maryland.
    Long-term environmental monitoring has been performed in accordance 
with the Post-Remedy Sampling and Analysis Plan contained in the RA 
Work Plan (ERM, April 1993). Monitoring and maintenance of the asphalt 
cap has been conducted with reports submitted to EPA on a biannual 
basis. A Five-Year Review dated August 26, 1998, confirmed that 
measures taken at the site remain effective, as do the results from 
long-term environmental monitoring completed on February 12, 1999.
    The remedial action selected for the Site has been implemented in 
accordance with the Record of Decision. As a result, human health 
threats and potential environmental impacts arising from releases at 
the Site have been eliminated. Continued protection of human health and 
the environment will be achieved by maintenance activities and 
performance of the Five-Year Reviews, as required by CERCLA.

V. Action

    The EPA, with concurrence from the State of Maryland, has 
determined that all appropriate response under CERCLA at the Site has 
been completed, and no further CERCLA response action is appropriate in 
order to provide protection of human health and environment. Therefore, 
EPA is deleting the Site from the NPL.
    This action will be effective July 18, 2000. However, if EPA 
receives dissenting comments by June 19, 2000, EPA will publish a 
document that withdraws this action. If, after reviewing such comments, 
EPA decides to proceed with the deletion, EPA will publish a notice of 
deletion in the Federal Register and place copies of the final deletion 
package, including a Responsiveness Summary, in the Site repositories.

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, Water pollution 
control, Water supply.

    Dated: April 5, 2000.
Bradley M. Campbell,
Regional Administrator, Region III.

    Part 300, title 40 of the Code of Federal Regulations is amended as 


    1. The authority citation for part 300 continues to read as 

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp.; p.351; E.O. 12580, 52 FR 
2923, 3 CFR, 1987 Comp.; p. 193.

Appendix B [Amended]

    2. Table 1 of Appendix B to part 300 is amended by removing the 
Site ``Mid-Atlantic Wood Preservers, Inc., Harmans, Maryland.''.

[FR Doc. 00-12516 Filed 5-18-00; 8:45 am]