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copy of the rule, to each House of theCongress and to the Comptroller Generalof the United States. EPA will submit areport containing this rule and otherrequired information to the U.S. Senate,the U.S. House of Representatives, andthe Comptroller General of the UnitedStates prior to publication of this finalrule in the

Federal Register

. This finalrule is not a

‘‘

major rule

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as defined by5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,Administrative practice and procedure,Agricultural commodities, Pesticidesand pests, Reporting and recordkeepingrequirements.

Dated: January 7, 2004.

Lois Rossi,

Director, Registration Division, Office of Pesticide Programs.

Therefore, 40 CFR chapter I isamended as follows:

PART 180

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[AMENDED]

1. The authority citation for part 180continues to read as follows:

Authority:

21 U.S.C. 321(q), 346(a) and371.

2. In section 180.950, the table inparagraph (e) is amended by addingalphabetically the following entries toread as follows:

180.950Tolerance exemptions forminimal risk active and inert ingredients.

* * * * *(e)***

Chemical Name CAS No.*****Lactic acid, n-butyl ester,(S)...............................34451

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9Lactic acid, ethylester,(S)......................687

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8*****

* * * * *

[FR Doc. 04

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04; 8:45 am]

BILLING CODE 6560

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ENVIRONMENTAL PROTECTIONAGENCY40 CFR Part 300

[FRL 7615

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National Oil and Hazardous SubstancePollution Contingency Plan; NationalPriorities List

AGENCY

Environmental ProtectionAgency.

ACTION

Direct final notice of deletion of the Tyler Refrigeration Pit SuperfundSite from the National Priorities List.

SUMMARY

The Environmental ProtectionAgency (EPA) Region III is publishing adirect final notice of deletion of theTyler Refrigeration Pit Superfund Site(Site), located in Smyrna (Kent County),Delaware, from the National PrioritiesList (NPL).The NPL, promulgated pursuant toSection 105 of the ComprehensiveEnvironmental Response,Compensation, and Liability Act of 1980, as amended (CERCLA), isappendix B of 40 CFR part 300, whichis the National Oil and HazardousSubstances Pollution Contingency Plan(NCP). This direct final notice of deletion is being published by EPA withthe concurrence of the State of Delaware, through the Department of Natural Resources and EnvironmentalControl (DNREC), because EPA hasdetermined that all appropriateresponse actions under CERCLA have been completed and, therefore, furtherremedial action pursuant to CERCLA isnot appropriate.

DATES

This direct final deletion will beeffective March 29, 2004 unless EPAreceives adverse comments by February27, 2004. If adverse comments arereceived, EPA will publish a timelywithdrawal of the direct final deletionin the

Federal Register

informing thepublic that the deletion will not takeeffect.

ADDRESSES

Comments may be mailedto: Matthew T. Mellon, Remedial ProjectManager, U.S. EPA Region III (3HS23),1650 Arch Street, Philadelphia, PA19103

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2029, (215) 814

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3168.

INFORMATION REPOSITORIES

Comprehensive information about theSite is available for viewing and copyingat the Site information repositorieslocated at: U.S. EPA Region III, RegionalCenter for Environmental Information(RCEI), 1650 Arch Street (2nd Floor),Philadelphia, PA 19103

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2029, (215)814

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5254, Monday through Friday, 8a.m. to 5 p.m.; and in Delaware at theDelaware Department of NaturalResources and Environmental Control,Site Investigation and RestorationBranch, 391 Lukens Drive, New Castle,DE 19720, (302) 395

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2600, Mondaythrough Friday, 8 a.m. to 4 p.m.

FOR FURTHER INFORMATION CONTACT

Matthew T. Mellon, Remedial ProjectManager, U.S. EPA Region III (3HS23),1650 Arch Street, Philadelphia, PA19103

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2029, (215) 814

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3168 or 1

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800

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553

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2509.

SUPPLEMENTARY INFORMATION

Table of Contents

I. IntroductionII. NPL Deletion CriteriaIII. Deletion ProceduresIV. Basis for Site DeletionV. Deletion Action

I. Introduction

EPA Region III is publishing thisdirect final notice of deletion of theTyler Refrigeration Pit Superfund Sitefrom the NPL.The EPA identifies sites that appear topresent a significant risk to publichealth or the environment andmaintains the NPL as the list of thosesites. As described in

300.425(e)(3) of the NCP, sites deleted from the NPLremain eligible for remedial actions if conditions at a deleted site warrant suchaction.Because EPA considers this action to be noncontroversial and routine, EPA istaking it without prior publication of anotice of intent to delete. This actionwill be effective March 29, 2004 unlessEPA receives adverse comments byFebruary 27, 2004 on this notice or theparallel notice of intent to deletepublished in the

‘‘

Proposed Rules

’’

section of today

’

Federal Register

. If adverse comments are received withinthe 30-day public comment period onthis notice or the notice of intent todelete, EPA will publish a timelywithdrawal of this direct final notice of deletion before the effective date of thedeletion and the deletion will not takeeffect. EPA will, as appropriate, preparea response to comments and continuewith the deletion process on the basis of the notice of intent to delete and thecomments already received. There will be no additional opportunity tocomment.Section II of this document explainsthe criteria for deleting sites from theNPL. Section III discusses proceduresthat EPA is using for this action. SectionIV discusses the Tyler Refrigeration PitSuperfund Site and demonstrates how itmeets the deletion criteria. Section Vdiscusses EPA

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s action to delete the Sitefrom the NPL unless adverse commentsare received during the public commentperiod.

II. NPL Deletion Criteria

Section 300.425(e) of the NCPprovides that releases may be deletedfrom the NPL where no further responseis appropriate. In making adetermination to delete a Site from theNPL, EPA shall consider, inconsultation with the State, whether anyof the following criteria have been met:i. responsible parties or other personshave implemented all appropriateresponse actions required;

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ii. all appropriate Fund-financed(Hazardous Substance SuperfundResponse Trust Fund) response underCERCLA has been implemented, and nofurther response action by responsibleparties is appropriate; oriii. the remedial investigation hasshown that the release poses nosignificant threat to public health or theenvironment and, therefore, the takingof remedial measures is not appropriate.Even if a site is deleted from the NPL,where hazardous substances, pollutants,or contaminants remain at the deletedsite above levels that allow forunlimited use and unrestrictedexposure, CERCLA

121(c), 42 U.S.C.9621(c), requires that a subsequentreview of the site be conducted at leastevery five years after the initiation of theremedial action at the deleted site toensure that the action remainsprotective of public health and theenvironment. If new information becomes available which indicates aneed for further action, EPA may initiateremedial actions. Whenever there is asignificant release from a site deletedfrom the NPL, the deleted site may berestored to the NPL without applicationof the hazard ranking system.

III. Deletion Procedures

The following procedures apply todeletion of the Site:(1) EPA consulted with the State of Delaware on the deletion of the Sitefrom the NPL prior to developing thisdirect final notice of deletion.(2) The State of Delaware concurredwith deletion of the Site from the NPL.(3) Concurrently with the publicationof this direct final notice of deletion, anotice of the availability of the parallelnotice of intent to delete publishedtoday in the

‘‘

Proposed Rules

’’

sectionof the

Federal Register

is beingpublished in a major local newspaper of general circulation at or near the Siteand is being distributed to appropriatefederal, state, and local governmentofficials and other interested parties; thenewspaper notice announces the 30-daypublic comment period concerning thenotice of intent to delete the Site fromthe NPL.(4) EPA placed copies of documentssupporting the deletion in the Siteinformation repositories identifiedabove.(5) If adverse comments are receivedwithin the 30-day public commentperiod on this notice or the companionnotice of intent to delete also publishedin today

’

Federal Register

, EPA willpublish a timely notice of withdrawal of this direct final notice of deletion beforeits effective date and will prepare aresponse to comments and continuewith the deletion process on the basis of the notice of intent to delete and thecomments already received.Deletion of a site from the NPL doesnot itself create, alter, or revoke anyindividual

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s rights or obligations.Deletion of a site from the NPL does notin any way alter EPA

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s right to takeenforcement actions, as appropriate.The NPL is designed primarily forinformational purposes and to assistEPA management. Section 300.425(e)(3)of the NCP states that the deletion of asite from the NPL does not precludeeligibility for future response actions,should future conditions warrant suchactions.

IV. Basis for Site Deletion

The following information providesEPA

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s rationale for deleting the Sitefrom the NPL:

Executive Summary of the Basis for SiteDeletion

The Tyler Refrigeration Pit SuperfundSite was the location of refrigerationmanufacturing from the 1940s until1976, with wastes disposed of in twounlined lagoons. These lagoons wereexcavated, the material removed, andthe holes backfilled sometime between1973 and 1975. From 1978 through1995, Metal Masters Food ServiceEquipment Company (

‘‘

Metal Masters

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)manufactured restaurant supplies (suchas metal cabinetry and countertops) atthe Site. The Site was the focus of twoRemedial Investigations (one performed by Clark Equipment Company (

‘‘

Clark

’’

),overseen by EPA, and one performed byMetal Masters, overseen by the State)and a Record of Decision (ROD). Theconclusions of the investigations andsubsequent ROD were that the formerlagoons presented no substantialelevated level of contaminant oradditional risk, but that the loadingdock area of the Metal Masters facilityappeared to be a source of atrichloroethane (TCA) plume discoveredin ground water on-site. Furthermore, itwas found that the ground water at theSite did not present any currentelevated risk because there was nocurrent exposure (due to a State-implemented Ground WaterManagement Zone (GMZ) that prohibitsthe installation of wells), but that therewas the potential for future elevatedrisk. Therefore, a monitoring programwas implemented to ensure that levelsof contaminants on-site continue todiminish, and that no contaminants areleaving the Site or the area of the GMZ.The No Action remedy wasdetermined in the 2002 Five YearReview of the Site to be protective of human health and the environment.Since the ground water beneath andnear the Site is not currently in use andis not migrating off-site, there is nocurrent risk to human health or theenvironment. The GMZ implementedover the area of the Site by DNRECprevents the installation of wells, andtherefore prevents any future exposureto ground water, thereby eliminatingany future risk to human health or theenvironment. The monitoring programwill continue to verify that nocontaminants are migrating off-site. Theonly work remaining at the Site is tocontinue the monitoring program,which is to be taken over by MetalMasters pursuant to an AdministrativeOrder on Consent that became effective June 4, 2002.

Site History and Characteristics

Land and Resource UseThe Tyler Refrigeration Pit Site (Site)is located on a 3

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acre parcel of propertyat 655 Glenwood Avenue, Smyrna,Delaware. This property is currentlyowned by the State of Delaware andoccupied by a tenant of Metal Masters, but was formerly owned by the TylerRefrigeration Corporation andsubsequently by Clark. The Site isapproximately 1/2 mile southwest of thecenter of the town of Smyrna.The Site includes an area whichformerly contained two wastewaterlagoons in the northeast portion of theproperty. Based on aerial photographs,the two lagoons were approximately 70feet

70 feet and 60 feet

60 feet, andexisted on the property from as early as1954. The lagoons received wastewaterfrom manufacturing operations at theproperty. Sometime between 1973 and1975, Clark excavated and removed thecontents of the lagoons. The lagoonswere then backfilled and graded, andare currently maintained as parts of alawn and an asphalt parking lot.The land use in the area surroundingthe Site is predominantly residentialwith some light industry and farming.Properties to the north of the Site acrossGlenwood Avenue include commercialproperties, several residences andagricultural lands. To the west-northwest of the Site are severalresidences along Glenwood Avenue. Tothe south and southwest of the lagoonsare the Metal Masters building andproperty and a grain elevator/silostructure. The area to the south-southeast of the Site is mainlyresidential.

History of Contamination

In the late 1940s, a plant wasconstructed on the property to

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manufacture refrigerators by WilsonRefrigeration, Inc. Prior to this time theproperty was owned by the John E.Wilson, Jr. and Bertha M. Wilson andWilson Cabinet Company. In 1951,Tyler Refrigeration Corporation (Tyler)leased the property from the Wilsonsuntil 1956 when the title of the propertywas passed to Tyler. Based on existingaerial photographs, the two lagoonswere constructed in the northeastportion of the property sometime priorto 1954. These lagoons were apparentlyconstructed to receive wastewater fromthe refrigeration manufacturingoperations at the Site, although littleinformation is available as to theiroperation. The wastewater reportedlycontained paints, paint-related waste,and solvents includingtrichloroethylene (TCE). In 1963, Tyler became part of the refrigeration divisionof Clark. Clark manufacturedrefrigeration equipment at the propertyuntil 1976. Wastewater discharges fromthe manufacturing operation wereconnected to a municipal sewage systemin 1969. Sometime between 1973 and1975, Clark excavated and removed thecontents of the lagoons, and then backfilled the lagoons. In 1978, MetalMasters took possession of the property.At approximately the same time,pursuant to a financing arrangement inconnection with this transaction, theDelaware Department of CommunityAffairs and Economic Development tooktitle to the property.In 1977, during routine monitoring,the Town of Smyrna

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s two municipalwater supply wells were found tocontain trichloroethene (TCE).Investigations by DNREC, the DelawareDivision of Public Health and the Townof Smyrna identified a number of potential sources of TCE in the Smyrnaarea, including the Site. In 1982,Smyrna installed Granular ActivatedCarbon (GAC) units on its twomunicipal water supply wells. The GACunits effectively reduced TCEconcentrations in the drinking watersupplies to safe levels.In 1982, EPA, performed aPreliminary Assessment/Site Inspectionat the Site. Low levels of trichloroethane(TCA) and dichloroethane (DCA) weredetected in one soil sample and toluenewas detected in another soil sample. InDecember 1983, DNREC performed aPreliminary Site Assessment at the Siteand concluded that TCE concentrationsin the Smyrna wells appeared to bedecreasing. Consequently, the GACunits were no longer necessary, andwere later removed.In June 1985, EPA reviewed theavailable information for the Site andconcluded that it was one of severalpossible sources of the TCE found in theSmyrna municipal wells. On May 7,1986, EPA collected a total of 10 groundwater samples from domestic wells inthe vicinity of the Site. The sampleswere analyzed for volatile organiccompounds (VOCs). The only VOCsdetected were low levels of chloroformin two of the samples.On June 10, 1986, EPA formallyproposed adding the Site to the NationalPriorities List (NPL). Significantcomments were then submitted to EPAregarding the Hazard Ranking System(HRS) score (29.41) and opposing theinclusion of the Site onto the NPL. Asa result, EPA commissioned DNREC toperform a follow-up inspection of theSite. Under this investigation, DNRECinstalled and sampled six (6) monitoringwells located across Glenwood Avenuefrom the Site. Based on the groundwater sampling results, three substancesof concern were identified inconnection with the Site: l,l,l-TCA, l,l-dichloroethene (l,l-DCE) and chromium.Using the ground water sampling datacollected by DNREC, EPA revised theHRS score for the Site in 1989,increasing the score to 33.94. The Sitewas formally added to the NPL onFebruary 20, 1990.In March 1991, EPA and Clark enteredinto an Administrative Order onConsent whereby Clark agreed toperform a Remedial Investigation (RI)and Feasibility Study at the Site.In the spring of 1995, Metal Mastersceased operations and the property iscurrently leased and for sale.

Physical Characteristics

GeologyThe Site lies within the AtlanticCoastal Plain physiographic province.Directly underlying the Site aresediments of the Pleistocene-agedColumbia Formation. The ColumbiaFormation sediments in the vicinity of the Site are comprised of light brown toorange brown colored coarse to finegrained sand with some gravel andgravel layers. Underlying the ColumbiaFormation beneath the Site are theMiocene age sediments of theChesapeake Group which consist of dark gray silty clay.The Columbia Formation sedimentsunderlying the Site form a productiveregional water table aquifer. TheChesapeake Group sediments form aconfining layer beneath the water tableaquifer. Potable water supplies in thevicinity of the Site are obtained fromground water and are providedprimarily through municipal watersystems. The Town of Smyrna operatestwo public water supply wells. Wellnumbers 1 and 2 are 1600 feet and 4600feet east of the Site, respectively. Thetown of Clayton operates three publicwater supply wells. The closest of thesewells, Well number 3, is locatedapproximately 3300 feet southwest of the Site. All three of the Clayton wellsare located in the upgradient groundwater flow direction from the Site. TheSmyrna municipal wells draw waterfrom the Columbia Formation aquiferwhile the Clayton municipal wells drawwater from the deeper Rancocas aquifer.In the Smyrna area, the Columbia andRancocas aquifers are separated by theCalvert and Nanjemoy formations.These formations are 200 feet thick inthe Smyrna area and act as a confiningunit above the Rancocas aquifer.Based on the well inventoryconducted during the RI, several wellsin the Smyrna-Clayton area areclassified as domestic water wells.However, none of these wells is locatedin a downgradient ground water flowdirection from the Site.Ground water flow direction in theColumbia Aquifer was determined based on a four-month water level studyconducted during the Clark RI (referredto herein as

‘‘

the RI

’’

). The ground waterflow direction from the Site is generallyto the northeast. An eight-day waterlevel study conducted during the RIindicated that pumping at Smyrna Wellnumber 1 does not influence the waterlevels at the Site, although the Site may be within the capture zone of SmyrnaWell number 1 under steady-state, long-term conditions.Surface DrainageThe topography at the Site is nearlylevel. The entire Site is at an elevationof approximately 40 feet above sea level.Surface drainage from the parking lotarea at and adjacent to the Site isconveyed via storm drains to a shallowdrainage ditch and retention basin, withno outlet, located east of the Site. Thedrainage ditch and retention basin wereconstructed by Metal Masters after theclosure of the lagoons in conjunctionwith the construction of the parking lot.A scrub/shrub-emergent wetland area islocated within the retention basin. Sincethis area is only intermittently saturatedas a result of storm water runoff from blacktop areas and building roofs, it isnot considered to be a functionalwetland.Surface water bodies in the generalarea include Greens Branch, DuckCreek, Lake Como, and Mill Creek.Greens Branch is located approximately1500 feet west of the Site and flows ina northeasterly direction into DuckCreek. Duck Creek is locatedapproximately 4000 feet to the north of