[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

0
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]

0
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]
BILLING CODE 6560-50-P


