[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)]
[Proposed Rules]
[Pages 33182-33186]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15243]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2000-0003; FRL-9980-72--Region 4]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Davis Timber Company 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is issuing 
a Notice of Intent to Delete the Davis Timber Company Superfund Site 
(Site) located in Hattiesburg, Lamar County, Mississippi, 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). 
The EPA and the State of Mississippi (State), through the Mississippi 
Department of Environmental Quality (MDEQ), have determined that all 
appropriate response actions under CERCLA, other than operations and 
maintenance and five-year reviews, have been completed. However, this 
deletion does not preclude future actions under Superfund.

DATES: Comments must be received by August 16, 2018.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2000-0003, by one of the following methods:
    (1) http://www.regulations.gov. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.
    (2) Email: Scott Martin, Remedial Project Manager, 
[email protected].
    (3) Mail: Scott Martin, Remedial Project Manager, Superfund 
Restoration and Sustainability Branch, Superfund Division, U.S. 
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, 
Atlanta, Georgia 30303-8960.
    (4) Hand delivery: USEPA Region 4, 61 Forsyth Street SW, Atlanta, 
Georgia 30303-8960. Attention: Scott Martin, Remedial Project Manager, 
Superfund Restoration and Sustainability Branch. Hours of Operation: 
Monday to Friday 7:30 a.m. to 4:30 p.m. Phone: 404-562-8951.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2000-0003. EPA 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 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 email. The http://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 http://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 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

[[Page 33183]]

restricted by statue. 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:
    (1) USEPA Region 4, 61 Forsyth Street SW, Atlanta, Georgia 30303-
8960, Monday-Friday 7:30 a.m.-4:30 p.m., Contact Tina Terrell 404-562-
8835; and
    (2) Oak Grove Public Library (in the Reference Section) 4958 Old 
Highway 11, Hattiesburg, Mississippi, 39402, Monday-Friday 9:00 a.m.-
6:00 p.m.; and Saturdays 10:00 a.m. to 2:00 p.m.; Phone: 601-296-1620.

FOR FURTHER INFORMATION CONTACT: Scott Martin, Remedial Project 
Manager, Superfund Restoration and Sustainability Branch, Superfund 
Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 
Street SW, Atlanta, Georgia 30303-8960, phone 404-562-8916, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The EPA announces its intent to delete the Davis Timber Company 
Superfund Site from the NPL and requests public comment on this 
proposed action. The NPL constitutes Appendix B of 40 CFR part 300 
which is the NCP, which the EPA promulgated pursuant to section 105 of 
the Comprehensive Environmental Response, Compensation and Liability 
Act (CERCLA) of 1980, as amended. The 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.
    The EPA will accept comments on the proposal to delete this site 
for thirty (30) days after publication of this document in the Federal 
Register.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that the EPA is 
using for this action. Section IV discusses the Davis Timber Superfund 
Site and demonstrates how it meets the deletion criteria.

II. NPL Deletion Criteria

    The NCP establishes the criteria that the 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), the 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, the EPA conducts 
five-year reviews (FYRs) 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. The EPA conducts such FYRs even if a site is 
deleted from the NPL. The 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) The EPA consulted with the State before developing this Notice 
of Intent to Delete.
    (2) The EPA has provided the State 30 working days for review of 
this notice prior to publication of it today.
    (3) In accordance with the criteria discussed above, the EPA has 
determined that no further response is appropriate.
    (4) The State, through the MDEQ, has concurred with deletion of the 
Site from the NPL.
    (5) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, a notice is being published in a major 
local newspaper, Hattiesburg American. The newspaper notice announces 
the 30-day public comment period concerning the Notice of Intent to 
Delete the site from the NPL.
    (6) 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.
    If comments are received within the 30-day public comment period on 
this document, the EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. If necessary, the 
EPA will prepare a responsiveness summary to address any significant 
public comments received. After the public comment period, if the EPA 
determines it is still appropriate to delete the Site, the Regional 
Administrator will publish a final Notice of Deletion in the Federal 
Register. Public notices, public submissions and copies of the 
responsiveness summary, if prepared, will be made available to 
interested parties and in the site's information repositories listed 
above.
    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 the EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist the 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 the EPA's rationale for deleting 
the Site from the NPL.

Site Background and History

    The Davis Timber Company Site is located at 107 Jackson Road, 
approximately 6 miles northwest of Hattiesburg, in Lamar County, 
Mississippi. The Davis Timber Company produced treated pine poles, 
pilings, and timber at the Site from 1972 to 1987. Operations at the 
Site included bark removal, treatment of wood with pentachlorophenol 
(PCP), and product storage. The Site is approximately 30 acres and was 
comprised of a scragg mill, debarker, pole peeler, office and shop, 
treatment cylinder, cooling pond, oil storage tank, two aboveground 
PCP-solution storage tanks, a storage yard, and a large former PCP and 
waste bark Impoundment (Impoundment).
    Surface soil on the Site consists of a very thin layer of sandy 
clay, which overlies a very thick clay unit, the Hattiesburg formation, 
that inhibits

[[Page 33184]]

vertical migration of precipitation. Surface water runoff from the 
property flows into two intermittent tributaries of Mineral Creek: East 
Mineral Creek and West Mineral Creek. Mineral Creek flows northeast 
into Country Club Estates Lake, a 66-acre lake located approximately 
1.25 miles downstream of the Site. Country Club Estates Lake is a 
recreational fishery and designated recreation area. Wastewater from 
Site operations containing PCP, dioxin and furan compounds, was 
discharged into the Impoundment. In 1980, the Impoundment was 
backfilled and capped by the property owner with approximately 6 to 8 
inches of clay.
    Between December 1974 and January 1987, the MDEQ documented six 
fish kills in Country Club Estates Lake. Several of the fish kills were 
attributed to documented releases of PCP from the Impoundment. In 1987, 
MDEQ ordered Davis Timber Company to discontinue wood preserving 
operations. According to MDEQ, Davis Timber Company subsequently 
declared bankruptcy in 1990. Since 1987, Mississippi officials 
collected fish from Country Club Estates Lake seven times and analyzed 
the fish tissue for dioxin compounds. In 1989, after obtaining the 
first set of fish tissue data, MDEQ issued an advisory against both 
commercial fishing and consumption of fish caught in Country Club 
Estates Lake due to the high levels of dioxin compounds in the fish 
tissue. In 1989, the Agency for Toxic Substances and Disease Registry 
(ATSDR) was petitioned by the MDEQ to conduct a public health 
assessment at Country Club Estates Lake on behalf of the residents of 
Country Club Estates. In that public health assessment, released in 
January 1993, ATSDR classified Country Club Estates Lake as a public 
health hazard because of concentrations of PCP and chlorinated 
dibenzodioxins (dioxins) and dibenzofurans (furans) detected in the 
Lake. In July 2000, MDEQ collected fish from Country Club Estates Lake. 
According to these sampling results, dioxin levels in fish from Country 
Club Estates Lake declined below 5 pg/g, which is Mississippi's lower 
limit for issuing consumption advisories for dioxin. In June 2001, 
Mississippi officials lifted the ban on consumption of fish caught near 
the Site because dioxin levels in fish showed a significant decrease 
over a 10-year period.
    The Site was proposed as a NPL Site on May 11, 2000 (65 FR 30489). 
It was finalized as a NPL Site in July 2000 (65 FR 46096). The EPA's 
Identification Number is MSD046497012.

Remedial Investigation and Feasibility Study (RI/FS)

    The Remedial Investigation (RI) was conducted by the EPA Region 4 
Science and Ecosystem Support Division (SESD) between May 2000 and 
September 2001. During this period, SESD collected 30 subsurface soil 
samples, 6 groundwater samples, 51 sediment samples, 11 surface water 
samples, 27 surface soil samples, and multiple fish tissue samples 
(individual and composite). The Site was divided into 49 grids 
measuring 200-ft by 200-ft except in the central-northern portion of 
the Site, which was divided into 100-ft by 100-ft grids. A 3 to 5-point 
composite surface sample was collected from each grid and a subsurface 
sample was collected from the center of each grid at a depth of 18 to 
24 inches.
    Contamination was delineated based on those constituents detected 
at concentrations exceeding the EPA Region 9 Preliminary Remediation 
Goals (PRGs) and/or Federal Maximum Contaminant Levels (MCLs) for 
surface water and groundwater; or human health risk-based Region 4 PRGs 
(e.g., for dioxins/furans in soil and sediment). Risk-based remediation 
goals derived from Site-specific data are identified by the Human 
Health Risk Assessment (HHRA) for residential, industrial and 
recreational receptors and the ecological risk assessment. Arsenic, 
aluminum, thallium, and iron are identified in soil as chemicals of 
potential concern (COPCs) assuming residential use of the property in 
the RI; however, they were not Chemicals of Concern (COCs) when 
considering the property will likely be utilized for a recreational 
future land use, not residential purposes. As a result, COCs for the 
Site are limited to PCP and dioxin/furans.
    Appreciable quantities of groundwater have not been observed at the 
Site. Of the four permanent monitoring wells installed outside the 
Impoundment area, only one produced an adequate quantity of water to 
collect a groundwater sample. No Volatile Organic Compounds (VOCs), 
PCP, or Polycyclic Aromatic Hydrocarbons (PAHs) were detected in the 
groundwater sample collected from this well outside the Impoundment 
area. Temporary monitoring wells were installed and sampled in the 
initial field investigation. After evaluation of historical aerial 
photographs, it is believed these temporary monitoring wells were 
installed within the footprint of the Impoundment and the fluid sampled 
was not groundwater but fluid remaining within the Impoundment. The 
four permanent monitoring wells have been properly abandoned. The 
groundwater was not a pathway of contaminant migration, and a 
groundwater response action was not required.

Selected Remedy

    The site is comprised of one Operable Unit (OU). The Record of 
Decision (ROD) for the Davis Timber Site was signed on September 24, 
2009 following consideration of public comment on the proposed plan. 
The Site's ROD identified the following Remedial Action Objectives 
(RAOs):
    i. Reduce or eliminate human exposure to contaminated surface and 
subsurface soil;
    ii. Reduce human exposure to contaminated surface water; and
    iii. Reduce exposure of ecological receptors to contaminated 
surface soil and sediment.
    The remedial action specified for this site has been deemed 
necessary by the EPA to protect public health, welfare, and the 
environment from actual or threatened releases of hazardous substances 
from this site into the environment. The remedial actions chosen for 
the Site are summarized as follows:
    (1) Extract the liquid from the closed Impoundment, and treat the 
liquid to remove the dissolved contamination and discharge the clean 
water to West Mineral Creek;
    (2) Move a 500 to 1,000-foot portion of West Mineral Creek 
(immediately adjacent to the Impoundment area) approximately 200 feet 
west of its current location;
    (3) Construct an earthen retaining wall or berm structure along the 
western boundary of the Impoundment between it and the relocated 
portion of West Mineral Creek;
    (4) Excavate and move contaminated soil into the Impoundment area;
    (5) Dredge contaminated sediment from the creeks, ponds, and 
wetlands, and remove excess water and move into the Impoundment area;
    (6) Construct a cap over the Impoundment area (designed with a 
stabilizing sub-cap);
    (7) Backfill excavated and dredged locations with clean borrow 
material;
    (8) Implement land-use/deed restrictions to limit construction over 
the capped Impoundment and contaminated soil areas;
    (9) Grade and prepare the site for optimal storm water drainage 
control; and
    (10) Establish and implement a long-term monitoring program to 
assess the effectiveness of the remedial action.

[[Page 33185]]

Response Actions

    Remedial action physical construction activities began during 
October 2011 following receipt of remedial action funding through the 
President's Jobs Initiative Program. Remedial action construction 
services were procured through the existing Region 4 Emergency Response 
and Removal Services (ERRS) contract.
    Construction activities were completed in August 2012, and included 
the following:
    (1) Site clearing and demolition of on-site structures;
    (2) Installation of the Impoundment liquid extraction and treatment 
system (this system treated approximately 539,000 gallons of liquid);
    (3) West Mineral Creek Relocation (relocated approximately 1,046 
linear feet of creek approximately 200 feet west of its current 
location);
    (4) Impoundment berm construction;
    (5) Cooling pond and areas of surface soil contamination excavation 
(excavated approximately 3,060 cubic yards);
    (6) East Mineral Creek Excavation (approximately 525 linear feet 
and 101 cubic yards of soil);
    (7) Impoundment cap construction; and
    (8) Final grading and vegetation.
    The selected remedy required Institutional Controls (land use or 
deed restrictions) to control and limit on-site activities to preserve 
the integrity of the capped Impoundment and all components of the 
engineered containment system. Site use is restricted to activities 
compatible with the future anticipated recreational land use.
    The Site parcel has an environmental covenant which does not allow 
residential use and restricts excavation before meeting notification 
requirements of Mississippi's One Call law.

Cleanup Levels

    The RA successfully achieved compliance with the defined 
performance standards documented in the ROD and the RD.
Impoundment Water Extraction and Treatment
    The water extraction and treatment system removed and treated 
539,454 gallons of contaminated water from the closed Impoundment. 
Approximately 77 percent of the water was removed from the Impoundment. 
The remedial design established performance standards for the treatment 
system discharge to West Mineral Creek as the Mississippi Water Quality 
Criteria for Intrastate, Interstate and Coastal Waters. These standards 
comply with the requirements of a Mississippi National Pollutant 
Discharge Elimination System (NPDES) permit. Operation of the treatment 
system continued until May 30, 2012, when diminishing recovery volumes 
and water levels indicated the practical limit of dewatering had been 
reached.
Soil
    The remedial design specified excavation of contaminated soil from 
two areas of the Site:
    (1) Within the footprint of the former cooling pond; and
    (2) Within the delineated area of surface soil contamination 
surrounding the former cooling pond and process area.
    Two additional areas of contaminated soil were discovered during 
the remedial action and were also excavated:
    (1) Beneath the former maintenance building; and
    (2) Beneath the location of the former treatment cylinder.
    Contaminated soil in these additional soil areas were excavated and 
disposed of in the Impoundment area until the visible extent of 
contamination was removed and vapor screening indicated total organic 
vapors of less than 10 parts per million.
    Post-excavation subsurface soil samples collected from the base of 
the cooling pond excavation and the surface soil excavation were 
analyzed for dioxins, furans and PCP. The 2013 Remedial Action Report 
summarized the sampling results as follows:
    (1) Three composite subsurface soil samples were collected from the 
base of the cooling pond excavation and compared to the dioxin Toxic 
Equivalency Quotient (TEQ) cleanup level of 5 [micro]g/kg. All three 
sample results were below the cleanup level, ranging from 0.088 to 0.40 
[micro]g/kg.
    (2) Five composite subsurface soil samples and one duplicate sample 
were collected from the bottom of the surface soil excavation area. All 
of the sample results were below the dioxin TEQ cleanup goal of 5 
[micro] g/kg.
Sediment
    Prior to excavation, the EPA contractor collected additional 
sediment samples from East Mineral Creek and analyzed for dioxins and 
furans. All results were below the cleanup goal for dioxin TEQs. 
Contaminated sediment was excavated from three areas of East Mineral 
Creek that had shown the highest concentrations during the RI. A total 
of 101 cubic yards of sediment was removed and disposed of in the 
closed Impoundment area. Three post-excavation sediment samples and one 
duplicate sample were collected from the creek to confirm that cleanup 
goals were achieved. Dioxin TEQ results were below the ROD cleanup 
level of 1.9 [micro]g/kg for all samples, with values ranging from 0.21 
to 0.73 [micro]g/kg. All samples collected during the RI were below the 
sediment cleanup goal for PCP except for one (8,200 [micro]g/kg, 
performance standard 7,600 [micro]g/kg).
Groundwater
    No appreciable quantities of groundwater have been observed at the 
Site. Of the four permanent monitoring wells installed outside the 
Impoundment area, only one produced an adequate quantity of water to 
collect a groundwater sample. No volatile organic compounds (VOCs), 
PCP, or polycyclic aromatic hydrocarbons (PAHs) were detected in the 
groundwater sample collected from this well outside the Impoundment 
area.
    Post-excavation soil sampling performed by Onedia Total Integrated 
Enterprise (OTIE) confirmed that soil and sediment cleanup levels were 
achieved. All work performed by WRS Compass (WRSC) during the RA was 
conducted in accordance with the RD specifications, unless otherwise 
documented and approved by the EPA Remedial Project Manager (RPM). The 
EPA had a representative on-site for much of the RA construction who, 
in conjunction with the OTIE representative, ensured that the remedy 
was constructed in accordance with the RD specifications and that the 
construction quality control requirements of the specifications were 
strictly adhered to.

Operations and Maintenance

    The responsibility for operations and maintenance (O&M) was 
transferred to the State on October 20, 2014. Future O&M activities at 
the site are expected to be limited to mowing, inspections, and FYRs. 
Periodic inspections will need to be implemented to ensure the 
Impoundment cap and berm retain their integrity, and to ensure that 
stormwater and sediment controls, the West Mineral Creek channel, and 
revegetated areas operate as intended.

Five-Year Review

    The purpose of a the FYR is to evaluate the implementation and 
performance of a remedy to determine if the remedy is and will continue 
to be protective of human health and the environment. In addition, FYR 
reports identify issues found during the review,

[[Page 33186]]

if any, and document recommendations to address them. The first FYR was 
conducted in December 2016.
    The FYR was conducted pursuant to the Comprehensive Environmental 
Response, Compensation and Liability Act (CERCLA) section 121, 
consistent with the NCP (40 CFR 300.430(f)(4)(ii)), and considering the 
EPA policy. The triggering action for this statutory review is the on-
site construction start date of the remedial action. The FYR has been 
prepared because hazardous substances, pollutants or contaminants 
remain at the Site above levels that allow for unlimited use and 
unrestricted exposure (UU/UE).
    The Site consists of one operable unit (OU1), and OU1 consisted of 
all contaminated media, which includes soil and sediment, associated 
with the Site.
    The FYR concluded that the remedy at OU1 currently protects human 
health and the environment because there are no completed exposure 
pathways; contaminated soil and sediment were excavated and capped, and 
Impoundment water was treated and discharged. The FYR had no issues or 
recommendations. The next FYR will be conducted in 2021.

Community Involvement

    Throughout the removal and remedial process, the EPA has kept the 
public informed of the activities being conducted at the Site by way of 
public meetings, progress fact sheets, and the announcement through 
local newspaper advertisement on the availability of documents related 
to the site and FYRs.
    The notice of the availability of the Administrative Record and an 
announcement of the Proposed Plan for a public meeting was published in 
the Hattiesburg American newspaper on July 15, 2009. A public comment 
period was held from July 15, 2009, to August 14, 2009. The Proposed 
Plan was presented to the community during a public meeting on August 
10 at the Breland Community Center, 79 Jackson Road, Hattiesburg, MS 
39402. At this meeting, representatives from the EPA and MDEQ answered 
questions from the community concerning the proposed remedy and the 
remedial alternatives that were evaluated. The Administrative Record 
file was available to the public and was placed in the information 
repository maintained at the EPA Region 4 Superfund Record Center and 
at the Oak Grove Public Library (in the Reference Section) 4958 Old 
Highway 11, Hattiesburg, Mississippi, 39402.
    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 the EPA relied on 
for recommendation of the deletion from the NPL, are available to the 
public in the information repositories identified above.

Determination That the Site Meets the Criteria for Deletion in the NCP

    The EPA has followed the procedures required by 40 CFR 300.425(e) 
as mentioned above and the implemented remedy achieves the degree of 
cleanup specified in the ROD for all pathways of exposure. 
Specifically, post-excavation soil sampling performed by OTIE confirmed 
that soil and sediment cleanup levels were achieved. These results 
verify that the Site has achieved the ROD cleanup standards, and that 
all cleanup actions specified in the ROD have been implemented. All 
selected remedial and removal action objectives and associated cleanup 
levels are consistent with agency policy and guidance. This Site meets 
all the site completion requirements as specified in Office of Solid 
Waste and Emergency Response (OSWER) Directive 9320.22, Close-Out 
Procedures for National Priorities List Sites. No further Superfund 
response is needed to protect human health and the environment.
    The EPA, with concurrence of the State through MDEQ, has determined 
that all appropriate response actions under CERCLA have been completed. 
Therefore, the EPA is proposing to delete the Site from the NPL.

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, Superfund, Water 
pollution control, Water supply.

    Authority:  33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., 
p. 193.

    Dated: July 3, 2018.
Onis ``Trey'' Glenn, III,
Regional Administrator, Region 4.
[FR Doc. 2018-15243 Filed 7-16-18; 8:45 am]
 BILLING CODE 6560-50-P


