31582 Federal Register / Vol. 66, No. 113 / Tuesday, June 12, 2001 / Proposed Rules
inundated or contaminated areas and Pollution Contingency Plan (NCP), 40 p.m., Monday–Friday. The telephone temporary loss of function. This upland CFR part 300, which EPA promulgated number is (215) 814–5254. portion included mitigation at a ratio of pursuant to section 105 of the FOR FURTHER INFORMATION CONTACT: 2:1 for the permanently inundated areas Comprehensive Environmental Lorie Baker, U.S. EPA, Region 3 in the East Marsh plus an additional 1:1 Response, Compensation, and Liability (3HS34), 1650 Arch Street, compensation for natural resource Act (CERCLA). This partial deletion for Philadelphia, PA 19103; PHONE: 215– damage agreed to in negotiations with the Tobyhanna Army Depot Site is 814–3355; FAX: 215–814–3001; EMAIL: the FDEP. proposed in accordance with 40 CFR [email protected] The Site’s post-soil treatment 300.425(e) and the Notice of Policy SUPPLEMENTARY INFORMATION: groundwater was monitored on four Change: Partial Deletion of Sites Listed occasions, in order to determine on the National Priorities List. 60 FR whether the groundwater treatment 55466 (Nov. 1, 1995). Table of Contents component of the ROD would need to This proposal for partial deletion I. Introduction be implemented. These results indicated pertains to all portions of the II. NPL Deletion Criteria that further groundwater recovery and Tobyhanna Army Depot Site except for III. Deletion Procedures IV. Basis for Intended Partial Site Deletion treatment would not be necessary. contaminated groundwater plumes at Due to the treatment of contaminated Operable Units 1 and 5 (OU1 and OU5) I. Introduction soil and sediment, hazardous substances [Excluded Areas], which are undergoing The United States Environmental have been immobilized, allowing for natural attention and long-term Protection Agency (EPA) Region 3 unlimited use of part of the Site. monitoring. These Excluded Areas will announces its intent to delete a portion Excluded from unlimited use are the remain on the NPL until the of the Tobyhanna Army Depot Site, areas of the treated soil and the performance standards specified in the located in Monroe County, remediated wetlands, which are the Records of Decision are met. EPA bases Pennsylvania, from the National subject of a conservation easement. In its partial deletion proposal on the Priorities List (NPL), which constitutes order to confirm that the Site is determination by EPA, the Army, and Appendix B of the National Oil and protective of public health and the the Pennsylvania Department of Hazardous Substances Pollution environment, limited maintenance of Environmental Protection that all Contingency Plan (NCP), 40 CFR Part the solidified monolith will be required, appropriate actions under CERCLA have 300, and requests comments on this as well as Five Year Reviews. been completed to protect human proposal. This proposal for partial EPA, with concurrence of FDEP, has health, welfare and the environment. deletion pertains to all portions of the determined that all appropriate actions DATES: EPA will accept comments Tobyhanna Army Depot Site except for at the Schuylkill Metals Corporation concerning its proposal for partial contaminated groundwater plumes at Site have been completed, and no deletion for thirty (30) days after Operable Units 1 and 5 (OU1 and OU5) further remedial action is necessary. publication of this document in the [Excluded Areas], which are undergoing Therefore, EPA is proposing deletion of Federal Register and a local newspaper natural attenuation and long-term the Site from the NPL. of record (the Pocono Record). monitoring. These Excluded Areas will Dated: March 26, 2001. ADDRESSES: Comments may be mailed to remain on the NPL until the A. Stanley Meiburg, Lorie Baker, Superfund Site Manager, performance standards specified in the Acting Regional Administrator, Region 4. U.S. EPA, Region 3 (3HS34), 1650 Arch Records of Decision are met. EPA [FR Doc. 01–14470 Filed 6–11–01; 8:45 am] Street, Philadelphia, PA, 19103; proposes to delete the Tobyhanna Army BILLING CODE 6560–50–U PHONE: 215–814–3355; FAX: 215–814– Depot Site except for the Excluded 3001; EMAIL: Areas as defined above because all [email protected]. appropriate CERCLA response activities have been completed in those areas. ENVIRONMENTAL PROTECTION Information Repositories: The NPL is a list maintained by EPA AGENCY Comprehensive information on the of sites that EPA has determined present Tobyhanna Army Depot Site as well as 40 CFR Part 300 a significant risk to human health, the Deletion Docket is available for welfare, or the environment. Pursuant to [FRL–6964–5] review at the following two information 40 CFR 300.425(e) of the NCP, any site repository locations: National Oil and Hazardous or portion of a site deleted from the NPL Coolbaugh Township Municipal remains eligible for remedial actions if Substances Pollution Contingency Building, Route 611, Tobyhanna, PA Plan; National Priorities List conditions at the site warrant such 18466. The Coolbaugh Township office action. AGENCY: Environmental Protection hours are 8 a.m. to 4:30 p.m., Monday– EPA will accept comments Agency. Friday. The telephone number is (570) concerning its intent for partial deletion 984–8490. ACTION: Notice of intent for partial for thirty (30) days after publication of deletion of the Tobyhanna Army Depot Tobyhanna Army Depot, Public this notice in the Federal Register and Site from the National Priorities List. Affairs Office, 11 Hap Arnold a newspaper of record. Boulevard, Tobyhanna, PA 18466–5076. SUMMARY: The Environmental Protection The Public Affairs Office hours are 7:30 II. NPL Deletion Criteria Agency (EPA) Region 3 announces its a.m. to 4 p.m., Monday–Friday. The The NCP establishes the criteria that intent to delete a portion of the telephone number is (570) 895–6552. EPA uses to delete sites from the NPL. Tobyhanna Army Depot Site, located in The Deletion Docket is also available In accordance with 40 CFR 300.425(e), Monroe County, Pennsylvania, from the for review at the U.S. EPA Region 3 sites may be deleted from the NPL National Priorities List (NPL) and Regional Center for Environmental where no further response is requests public comment on this action. Information (RCEI), 1650 Arch Street appropriate to protect human health or The NPL constitutes Appendix B to the (3PM52), Philadelphia, PA 19103–2029. the environment. In making such a National Oil and Hazardous Substances The RCEI office hours are 8 a.m. to 5 determination pursuant to 40 CFR
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300.425(e), EPA will consider, in This Federal Register document, and beginning in 1913, and as an ambulance consultation with the State, whether any a concurrent notice in a newspaper of and tank regiment training center and of the following criteria have been met: record, announces the initiation of a an ordnance storage depot during World Section 300.425(e)(1)(i): Responsible thirty (30) day public comment period War I. Tobyhanna was inactive until parties or other persons have and the availability of the Notice of 1932, except for Army and National implemented all appropriate response Intent for Partial Deletion. The public is Guard Field Artillery training. From actions required; or Section asked to comment on EPA’s proposal to 1932 to 1938, Tobyhanna was a 300.425(e)(1)(ii): All appropriate Fund- delete a portion of the Tobyhanna Army Conservation Corps camp area, and from financed response under CERCLA has Depot site from the NPL. All critical 1938 to 1941, Tobyhanna, was used by been implemented, and no further documents needed to evaluate EPA’s West Point cadets for field artillery response action by responsible parties is decision are included in the Deletion training. In 1942, Tobyhanna was appropriate; or Section Docket and are available for review at reactivated and converted for storage 300.425(e)(1)(iii): The remedial the aforementioned information and supply uses. Tobyhanna artillery investigation has shown that the release repositories. ranges were deactivated in 1946. In poses no significant threat to human Upon completion of the thirty (30) 1949, the Commonwealth of health or the environment and, day public comment period, EPA will Pennsylvania purchased approximately therefore, taking of remedial measures is evaluate all comments received before 21,000 acres from the United States, and not appropriate. issuing the final decision on the partial in 1952, approximately 1,293 acres were Deletion of a portion of a site from the deletion. EPA will prepare a deeded back to the United States NPL does not preclude eligibility for Responsiveness Summary for comments government for the modern depot subsequent Fund-financed actions at the received during the public comment construction in 1953. Tobyhanna is area deleted if future site conditions period and will address concerns currently a communication-electronics warrant such actions. Section presented in the comments. The maintenance and supply depot. On 300.425(e)(3) of the NCP provides that Responsiveness Summary will be made August 30, 1990 (55 FR 35502), Fund-financed actions may be taken at available to the public at the Tobyhanna was added to the National sites that have been deleted from the information repositories listed Priorities List due to the discovery of NPL. A partial deletion of a site from the previously. Members of the public are groundwater contaminated with NPL does not affect or impede EPA’s encouraged to contact EPA Region 3 to elevated levels of volatile organic ability to conduct CERCLA response obtain a copy of the Responsiveness compounds. The contaminated activities at areas not deleted and Summary. If, after review of all public groundwater was affecting one of the remaining on the NPL. In addition, comments, EPA determines that the Tobyhanna Army Depot drinking water deletion of a portion of a site from the partial deletion from the NPL is supply wells in addition to several NPL does not affect the liability of appropriate, EPA will publish a final nearby residential wells. The responsible parties or impede agency notice of partial deletion in the Federal Department of the Army is considered efforts to recover costs associated with Register. The partial deletion does not the lead agency. response efforts. actually occur until the final Notice of Tobyhanna Army Depot has five Partial Deletion is published in the Operable Units: OU1 (Areas A and B), III. Deletion Procedures Federal Register. OU2 (Former PCB Transformer Area), Deletion of a portion of a site from the OU3 (Former Hazardous Waste Storage IV. Basis for Intended Partial Site NPL does not itself create, alter, or Areas), OU4 (Powder Ridge UXO Area), revoke any person’s rights or Deletion and OU5 (Inactive Sanitary Landfill). In obligations. The NPL is designed The following provides EPA’s addition to the OUs, the Army also primarily for informational purposes rationale for deletion of the Tobyhanna investigated fifty-eight (58) additional and to assist Agency management. The Army Depot (TYAD) site, except for the potential areas of concern (AOCs) following procedures were used for the Excluded Areas, from the NPL and identified in the November 1990 proposed deletion of the Tobyhanna EPA’s finding that the criteria in 40 CFR Tobyhanna site-specific Federal Facility Army Depot site: 300.425(e) are satisfied. Agreement (FFA), all of which have (1) EPA has recommended the partial Background since been formally closed out and deletion and has prepared the relevant require no further action. These documents. TYAD is located in the Pocono determinations were documented in (2) The Commonwealth of Mountains of northeastern three AOC Closeout Documents in 1998, Pennsylvania through the Pennsylvania Pennsylvania, approximately 20 miles 1999, and 2000. Therefore, no further Department of Environmental Protection southeast of Scranton, PA, in Coolbaugh CERCLA investigations or response concurs with this partial deletion. Township, Monroe County. The actions are planned or anticipated. (3) Concurrent with this national installation covers approximately 2.2 Long-term CERCLA and RCRA Notice of Intent for Partial Deletion, a square miles, measuring 1.6 miles east operation and maintenance (O&M) notice has been published in a to west and 2.2 miles north to south at monitoring activities and five-year newspaper of record and has been the widest point. The area surrounding reviews will continue. distributed to appropriate federal, State, TYAD is rural with the village of and local officials, and other interested Tobyhanna bordering the installation at Remedial Action parties. These notices announce a thirty the southeast corner. Tobyhanna State A Record of Decision (ROD) for OU1 (30) day public comment period on the Park and Gouldsboro State Park are was signed on September 30, 1997. OU1 deletion package, which commences on adjacent to the installation on the consists of a former burning area and a the date of publication of this notice in northeast and northwest sides, former hazardous waste staging area that the Federal Register and a newspaper of respectively. Tobyhanna was resulted in volatile organic compounds record. established when the United States (VOCs) leaching into the groundwater (4) EPA has made all relevant purchased 33 square miles of land in and contaminating several off-base documents available at the information 1909. Tobyhanna was primarily used for private wells. The Army began repositories listed previously. machine gun and field artillery training supplying bottled water to the affected
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residences in 1987, and in 1991, remedy for the OU3 ROD was No results of long-term monitoring will be connected the residences to the Depot Further Action. presented to all employees in articles in water supply. In 1996, the Army A ROD for OU4 was signed on the installation newspaper. excavated the source material and September 19, 2000. OU4 consists of a Because hazardous substances, surrounding soils as a Removal Action. 400-acre area where artillery range use pollutants or contaminants that will The OU1 remedy consists of monitored resulted in residual unexploded remain onsite at OU–4, the UXO Area, natural attenuation and institutional ordnance. In September 2000, the Army do not allow unlimited use of, or controls (ICs). The Army monitors completed construction of a fence and unrestricted access to the site, the Army, groundwater on a semi-annual basis, hazard warning signs around the OU4 as lead agency, will conduct five-year and VOC concentrations continue to area as a Removal Action. The OU4 reviews as required by CERCLA. Five- decrease. The ICs will limit future use remedy consists of ICs and Operation year reviews will also be conducted in of the groundwater while contaminants and Maintenance (O&M) activities the Excluded Areas at OU1 and OU5, remain above Maximum Containment necessary to maintain the integrity of which are not being considered for Levels (MCLs) promulgated under the the physical controls constructed during deletion due to long term groundwater Safe Drinking Water Act, which are the the Removal Action. The ICs and O&M monitoring, until such time that it has performance standards as identified in activities that comprise this remedy been determined that cleanup goals the ROD. The expected duration of the include the following: maintenance of have been attained. monitored natural attenuation remedy is the physical controls (i.e., fencing and Operation and maintenance (O&M) fifteen (15) years. signs); increased security patrols to activities at the areas proposed for The ICs implemented at TYAD are minimize trespassing on TYAD deletion will only be necessary at OU4, designed to prevent human property, and specifically OU4; the UXO area. The O&M activities consumption of contaminated proprietary controls such as deed include continuing security patrols and groundwater. An IC previously restrictions to be placed on the land if maintenance of the fencing and the implemented by TYAD includes a it is ever transferred outside of the signs around the perimeter of OU4. waterline agreement with the residents Government; public education to inform Community Relations Activities TYAD personnel and visitors with to ensure that future residents will not Community interest in this site is be exposed to groundwater business in the vicinity of OU4 of the potential for UXO in the area; and currently low. Initially, community contaminated at levels above the MCLs. interest was very high when the VOC- This ongoing interim measure includes periodic review to ensure that this remedial action remains effective in contaminated groundwater plume was supplying potable water to residences/ found to be migrating offsite to businesses, which have wells with VOC protecting the public. No remedial construction was required and the Army residential wells in the village of concentrations above MCLs. The Tobyhanna. Since the affected residents agreement specifies that individual has implemented the IC and O&M procedures. have been connected to the Depot water residential wells will not be used for A ROD for OU5 was signed on supply, the interest in other sites at any purpose except for monitoring by September 28, 2000. OU5 consists of Tobyhanna has remained low. In March the U.S. Army. groundwater emanating from the 1995, a Restoration Advisory Board Another previously implemented IC is inactive (RCRA) sanitary landfill. The (RAB) was formed. The RAB includes an agreement with the Coolbaugh landfill was closed with an engineered representatives of the Army, Monroe Township Zoning Office to notify TYAD soil cover in accordance with a state- County, Coolbaugh Township, former of new construction involving potable and EPA-approved RCRA closure plan, TYAD employees, and other interested water. This control will ensure that new permit and O&M plan. The OU5 remedy parties. The Army keeps the RAB well wells are not placed in areas of known consists of monitored natural informed by providing members with or suspected contamination and will attenuation and ICs. The expected copies of pertinent CERCLA documents allow the resident to be connected to the duration of the monitored natural for review and comment, and by TYAD potable water supply. attenuation remedy is thirty (30) years. holding periodic meetings to discuss Additionally, a control prohibiting the The Army will continue to monitor ongoing CERCLA investigations and construction of any on-post drinking groundwater on a semi-annual basis, actions. water well in the plume of groundwater and ICs will prevent exposure to Applicable Deletion Criteria contamination has been implemented. contaminated groundwater until This IC has been incorporated into the monitoring data indicate that the The final ROD for the Tobyhanna TYAD Master Plan. remediation goals have been met. The Army Depot site was signed on A ROD for OU2 was signed on ICs for OU5 are similar to those September 28, 2000. All remedies are in September 27, 1996. OU2 consists of the implemented at OU1, such that an place, including the institutional former PCB transformer building. PCB- agreement between TYAD and the controls specified in the RODs for OU1, contaminated soils were removed from Coolbaugh Township Zoning Office will OU4, and OU5. Natural attenuation and the site and residual contamination is ensure that future residents will not be long-term monitoring for the Excluded below risk-based levels providing for exposed to groundwater with Areas, the groundwater at OU1 and unlimited use and unrestricted constituents above MCLs. In addition, OU5, is underway. One of the three exposure. The selected remedy for the construction of any onpost drinking criteria for site deletion specifies that OU2 ROD was No Further Action. water well in the area of groundwater EPA may delete a site from the NPL if A ROD for OU3 was signed on July contamination at OU5 will be ‘‘responsible parties or other persons 12, 1996. OU3 consists of two (2) former prohibited until groundwater have implemented all appropriate hazardous waste storage buildings, remediation goals have been met. This response actions required.’’ 40 CFR which were remediated according to an prohibition has been incorporated into 300.425(e)(1)(i). At TYAD, EPA believes approved RCRA closure plan. The the TYAD Master Plan. Also, ongoing that the Army has implemented all residual contamination was below risk- public education regarding potential appropriate response actions and based levels providing for unlimited use hazards associated with consumption of therefore, EPA, with the concurrence of and unrestricted exposure. The selected contaminated groundwater in OU5 and the Commonwealth of Pennsylvania, is
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proposing deletion of this Site, except electronic file via the Internet to http:/ systems operating in the 2.4 GHz band for the previously defined Excluded /www.fcc.gov/e-file/ecfs.html. Parties to use hopping channel bandwidths Areas, from the NPL. Documents who chose to file comments by paper wider than 1 MHz. The NPRM also supporting this action are available in should send comments to the proposed to adopt a new method for the Deletion Docket. Commission’s Secretary, Magalie Roman determining compliance with the While EPA does not believe that any Salas, Office of the Secretary, Federal requirement that direct sequence future response actions in the areas to Communications Commission, 445 systems exhibit a minimum of 10 dB be deleted from the NPL will be Twelfth Street SW., TW–A325, processing gain. The First Report and necessary, if future conditions warrant Washington, DC 20554. Order (‘‘First R&O’’) 65 FR 57557, such action, the proposed deletion areas FOR FURTHER INFORMATION CONTACT: Neal September 25, 2000, in this proceeding of the Tobyhanna Army Depot site McNeil, Office of Engineering and amended the spread spectrum rules to remain eligible for future Fund-financed Technology, (202) 418–2408, TTY (202) allow frequency hopping spread response areas of the Tobyhanna Army 418–2989, e-mail: [email protected]. spectrum transmitters in the 2.4 GHz Depot site remain eligible for future SUPPLEMENTARY INFORMATION: This is a band to use bandwidths between 1 MHz Fund-financed response actions. summary of the Commission’s Further and 5 MHz at a reduced power output Furthermore, this partial deletion does Notice of Proposed Rule Making and of up to 125 mW. Frequency hopping not alter the status of the Excluded Order, ET Docket 99–231, FCC 01–158, systems with a bandwidth of up to 1 Areas, the groundwater plumes at OU1 adopted May 10, 2001 and released May MHz are required to use at least 75 non- and OU5, which are not proposed for 11, 2001. The full text of this document overlapping hopping frequencies. Use of deletion and remain on the NPL. is available for inspection and copying 75 hopping frequencies is generally not State Concurrence during regular business hours in the feasible for systems having a bandwidth FCC Reference Center (Room CY–A257), in excess of 1 MHz because the 2.4 GHz In a letter dated January 11, 2001, the band, which covers 2400–2483.5 MHz, Commonwealth of Pennsylvania 445 12th Street, SW, Washington, DC 20554. The complete text of this provides only 83.5 megahertz of through its Department of spectrum. Accordingly, the rules were Environmental Protection has concurred document also may be purchased from the Commission’s duplication amended to permit systems using a on EPA’s final determination regarding bandwidth greater than 1 MHz but less the partial deletion. contractor, International Transcription Service, Inc., (202) 857–3800, 1231 20th than or equal to 5 MHz to use as few as Dated: March 30, 2001. Street, NW., Washington, DC 20036. 15 non-overlapping channels provided Thomas C. Voltaggio, that the total span of hopping channels Acting Regional Administrator, U.S. Summary of Further Notice of Proposed be at least 75 MHz. Therefore, while a Environmental Protection Agency, Region 3. Rulemaking and Order system using 5 MHz hopping channel [FR Doc. 01–14620 Filed 6–11–01; 8:45 am] 1. The Further Notice of Proposed bandwidths is permitted to use as few BILLING CODE 6560–50–M Rulemaking and Order (‘‘FNPRM’’) as 15 hopping frequencies, one using 3 propose to amend part 15 of the MHz hopping channel bandwidths must Commission’s rules to improve use at least 25 hopping frequencies to FEDERAL COMMUNICATIONS spectrum sharing by unlicensed devices comply with the rules. COMMISSION operating in the 2.4 GHz band (2400— 3. Frequency Hopping Spread 2483.5 MHz), provide for introduction Spectrum Systems. Thirteen parties 47 CFR Part 15 of new digital transmission filed a Joint Petition for Clarification, or in the Alternative, Partial [ET Docket 99–231; FCC 01–158] technologies, and eliminate unnecessary regulations for spread spectrum Reconsideration (‘‘Joint Petition’’) in Spread Spectrum Devices systems. Specifically, this FNPRM response to the First R&O requesting proposes to revise the rules for that the Commission clarify its rules to AGENCY: Federal Communications frequency hopping spread spectrum specify a minimum of 15 hopping Commission. systems operating in the 2.4 GHz band channels for any frequency hopping ACTION: Proposed rule. to reduce the amount of spectrum that system operating in the 2.4 GHz that must be used with certain types of uses adaptive hopping techniques as SUMMARY: This document proposes to operation, and to allow new digital allowed under 47 CFR 15.247(h) and amend the Commission’s rules to transmission technologies to operate limits its output power to 125 mW, improve spectrum sharing by pursuant to the same rules as spread regardless of hopping channel unlicensed devices operating in the 2.4 spectrum systems. It also proposes to bandwidth. We propose to amend 47 GHz band (2400—2483.5 MHz), provide eliminate the processing gain CFR 15.247 by incorporating the for introduction of new digital requirement for direct sequence spread changes proposed in the Joint Petition. transmission technologies, and spectrum systems, which will provide Interested parties are invited to eliminate unnecessary regulations for manufacturers with increased flexibility comment on the acceptability of this spread spectrum systems. We take these and regulatory certainty in the design of proposal. Commenters are encouraged actions to facilitate the continued their products. We take these actions to to include technical analyses that development and deployment of new facilitate the continued development support claims that this change will wireless devices for businesses and and deployment of new wireless devices either improve or degrade sharing of consumers. for businesses and consumers. this spectrum. We particularly invite DATES: Comments must be filed on or 2. The original Notice of Proposed comment as to whether use of adaptive before August 27, 2001, and reply Rule Making (‘‘NPRM’’) 64 FR 38877, hopping techniques should be comments must be filed on or before July 20, 1999, in this proceeding, which mandatory and how we should September 25, 2001. was initiated in response to a request determine compliance with this ADDRESSES: Comments filed through the from the Home RF working group, requirement when evaluating specific Commission’s Electronic Comment proposed to amend the rules to allow devices for purposes of equipment Filing System (ECFS) can be sent as an frequency hopping spread spectrum certification. Commenters are also
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