[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Notices]
[Pages 47158-47159]
[FR Doc No: 2012-19215]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-67562; File No. SR-BX-2012-053]

Self-Regulatory Organizations; NASDAQ OMX BX, Inc.; Notice of
Filing and Immediate Effectiveness of Proposed Rule Change To Delay the
Implementation Date of Non-Display of Primary Pegged Orders With an
Offset Amount

August 1, 2012.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act''),\1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on July 25, NASDAQ OMX BX, Inc. (``BX'' or ``Exchange'') filed with the
Securities and Exchange Commission (``Commission'') the proposed rule
change as described in Items I and II below, which Items have been
prepared by the Exchange. The Commission is publishing this notice to
solicit comments on the proposed rule change from interested persons.
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    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
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I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The Exchange proposes a rule change to delay the implementation
date for its rule change that provides for non-display of Primary
Pegged Orders with an offset amount. The text of the proposed rule
change is available at http://nasdaqomxbx.cchwallstreet.com/, at the
Exchange's principal office, and at the Commission's Public Reference
Room.

II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, the Exchange included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. The Exchange has prepared summaries, set forth in
Sections A, B, and C below, of the most significant aspects of such
statements.

A. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

1. Purpose
    BX recently submitted a proposed rule change to provide that
Primary Pegged Orders with an offset amount will not be displayed,\3\ a
change that will improve system and inter-market price stability. The
display of Primary Pegged Orders with an offset amount can potentially
result in excessive messaging when multiple venues display pegged non-
marketable orders. The rule change to eliminate display of Primary
Pegged Orders with an offset amount will prevent this feedback loop,
adding to system stability and improving market quality.
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    \3\ Securities Exchange Act Release No. 66698 (March 30, 2012),
77 FR 20671 (April 5, 2012) (SR-BX-2012-022).
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    Implementation of this change has been delayed to allow market
makers to make the necessary system changes and still meet their
compliance obligations. The Exchange expects to implement the change in
the third quarter of 2012, and will announce the exact date through a
publicly disseminated alert.
2. Statutory Basis
    BX believes that the proposed rule change is consistent with the
provisions of Section 6 of the Act,\4\ in general, and with Section
6(b)(5) of the Act,\5\ in particular, in that the proposal is designed
to prevent fraudulent and manipulative acts and practices, to promote
just and equitable principles of trade, to foster cooperation and
coordination with persons engaged in regulating, clearing, settling,
processing information with respect to, and facilitating transactions
in securities, to remove impediments to and perfect the mechanism of a
free and open market and a national market system, and, in

general, to protect investors and the public interest. Specifically, BX
believes that delaying the implementation date of non-display of
primary pegged orders with an offset amount to allow market
participants to adjust their systems consistent with compliance
obligations will provide efficiencies that will benefit investors and
the public interest and encourage more efficient order entry practices
by all market participants.
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    \4\ 15 U.S.C. 78f.
    \5\ 15 U.S.C. 78f(b)(5).
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B. Self-Regulatory Organization's Statement on Burden on Competition

    The Exchange does not believe that the proposed rule change will
result in any burden on competition that is not necessary or
appropriate in furtherance of the purposes of the Act, as amended.
Specifically, the Exchange believes that the proposed delay in the
implementation of the change will not have any effect on competition.

C. Self-Regulatory Organization's Statement on Comments on the Proposed
Rule Change Received From Members, Participants, or Others

    Written comments were neither solicited nor received.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Because the foregoing proposed rule change does not: (i)
Significantly affect the protection of investors or the public
interest; (ii) impose any significant burden on competition; and (iii)
become operative for 30 days from the date on which it was filed, or
such shorter time as the Commission may designate, it has become
effective pursuant to Section 19(b)(3)(A)(ii) of the Act \6\ and
subparagraph (f)(6) of Rule 19b-4 thereunder.\7\
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    \6\ 15 U.S.C. 78s(b)(3)(A)(ii).
    \7\ 17 CFR 240.19b-4(f)(6).
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    At any time within 60 days of the filing of the proposed rule
change, the Commission summarily may temporarily suspend such rule
change if it appears to the Commission that such action is necessary or
appropriate in the public interest, for the protection of investors, or
otherwise in furtherance of the purposes of the Act. The Exchange has
provided the Commission written notice of its intent to file the
proposed rule change, along with a brief description, at least five
business days prior to the date of filing of the proposed rule change.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views, and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
File Number SR-BX-2012-053 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-BX-2012-053. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with the Commission, and all written communications relating to
the proposed rule change between the Commission and any person, other
than those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Room, 100 F Street NE.,
Washington, DC 20549, on official business days between the hours of
10:00 a.m. and 3:00 p.m. Copies of such filing also will be available
for inspection and copying at the principal office of the Exchange. All
comments received will be posted without change; the Commission does
not edit personal identifying information from submissions. You should
submit only information that you wish to make publicly available. All
submissions should refer to File Number SR-BX-2012-053 and should be
submitted on or before August 28, 2012.

    For the Commission, by the Division of Trading and Markets,
pursuant to delegated authority.\8\
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    \8\ 17 CFR 200.30-3(a)(12).
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Kevin M. O'Neill,
Deputy Secretary.
[FR Doc. 2012-19215 Filed 8-6-12; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 76, Number 146 (Friday, July 29, 2011)]
[Rules and Regulations]
[Pages 45432-45435]
[FR Doc No: 2011-19281]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2000-0003; FRL-9445-5]

National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Palmer Barge Line Superfund
Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 is
publishing a direct final Notice of Deletion of the Palmer Barge Line
(PBL) Superfund Site located in Port Arthur, Texas (Jefferson County),
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 State of Texas, through the Texas
Commission on Environmental Quality, because EPA has determined that
all appropriate response actions at these identified parcels under
CERCLA, other than Five-Year Reviews, have been completed. However,
this deletion does not preclude future actions under Superfund.

DATES: This direct final deletion is effective September 27, 2011
unless EPA receives adverse comments by August 29, 2011. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final deletion in the Federal Register informing the public that
the deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2000-0003, by one of the following methods:
     http://www.regulations.gov: Follow Internet on-line
instructions for submitting comments.
     E-mail: Rafael Casanova<EMAIL_ADDRESS>     Fax:<PHONE_NUMBER>.
     Mail: Rafael A. Casanova; U.S. Environmental Protection
Agency, Region 6; Superfund Division (6SF-RA); 1445 Ross Avenue, Suite
1200; Dallas, Texas 75202-2733.
     Hand delivery: U.S. Environmental Protection Agency,
Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202-2733;
Contact: Rafael A. Casanova<PHONE_NUMBER>. Such deliveries are only
accepted during the Docket's normal hours of operation, and special
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-AFUND-
2000-0003. EPA's 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
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 http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site
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 e-mail comment directly to EPA without
going through http://www.regulations.gov, your e-mail 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 restricted by statute. Certain other material, such
as copyrighted material, will be publicly available only in hard copy.
Publicly available docket materials are available either electronically
in http://www.regulations.gov or in hard copy at:
    1. U.S. Environmental Protection Agency, Region 6; 1445 Ross
Avenue,

Suite 700; Dallas, Texas 75202-2733; Hours of operation: Monday thru
Friday, 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m. Contact: Rafael A.
Casanova<PHONE_NUMBER>.
    2. Port Arthur Public Library; 4615 9th Avenue; Port Arthur, Texas
77642-5799; Hours of operation: Monday thru Thursday, 9 a.m. to 9 p.m.;
Friday, 9 a.m. to 6 p.m.; Saturday, 9 a.m. to 5 p.m.; and Sunday, 2 p.m
to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Rafael A. Casanova, Remedial Project
Manager; U.S. Environmental Protection Agency, Region 6; Superfund
Division (6SF-RA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202-
2733; telephone number:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
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 6 is publishing this direct final Notice of Deletion for
the Palmer Barge Line (PBL) 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 Sec.  300.425(e)(3) of the NCP, a site deleted from the
NPL remains eligible for Fund-financed remedial action if future
conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and
routine, this action will be effective September 27, 2011 unless EPA
receives adverse comments by August 29, 2011. Along with this direct
final Notice of Deletion, EPA is co-publishing a Notice of Intent for
Deletion in the ``Proposed Rules'' section of the Federal Register. If
adverse comments are received within the 30-day public comment period
on this deletion action, EPA will publish a timely withdrawal of this
direct final Notice of Deletion before the effective date of the
deletion and the deletion will not take effect. EPA, will as
appropriate, prepare a response to comments and continue with the
deletion process on the basis of the Notice of Intent for Deletion and
the comments already received. There will be no additional opportunity
to comment.
    Section II of this document explains the criteria for deleting
sites from the NPL. Section III discusses procedures that EPA is using
for this action. Section IV discusses the PBL Superfund Site and
demonstrates how it meets the deletion criteria. Section V 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 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, 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 all areas and media within the
PBL Superfund Site:
    (1) EPA has consulted with the state of Texas prior to developing
this direct final Notice of Deletion and the Notice of Intent for
Deletion co-published in the ``Proposed Rules'' section of the Federal
Register.
    (2) EPA has provided the state 30 working days for review of this
notice and the parallel Notice of Intent for Deletion prior to their
publication today, and the state, through the Texas Commission on
Environmental Quality, has concurred on this 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 for Deletion is being published in a major local newspaper, The
Port Arthur News. The newspaper announces the 30-day public comment
period concerning the Notice of Intent for Deletion of the Site from
the NPL.
    (4) The EPA placed copies of documents supporting the deletion in
the deletion docket and made these items available for public
inspection and copying at the Site information repositories identified
above.
    (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 for
Deletion and the comments already received.
    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 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 further response actions, should
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the
PBL Superfund Site from the NPL. A map of the Site, including the
aerial extent of the Site proposed for deletion, is available in the
deletion docket:

Site Location and History

    The PBL Superfund Site (Site, CERCLIS ID--TXD068104561), a former
barge-cleaning operation, encompasses approximately 17 acres and is
located approximately 4.5 miles east-northeast of the City of Port
Arthur on Old Yacht Club Road on Pleasure Islet. Pleasure Islet is a
peninsula located approximately 0.5 miles southwest of

the mouth of the Neches River. The Site is bordered by vacant property
to the north, by Old Yacht Club Road to the west, by the State Marine
of Port Arthur Superfund Site to the south, and Sabine Lake to the
east.
    Pleasure Islet is a manmade landmass consisting of dredge spoils
generated during the construction and maintenance of the Sabine-Neches
canal, also called the Intercoastal Waterway. The canal was constructed
between 1898 and approximately 1920 in the vicinity of Sabine Lake and
the Neches River, between the current Site location and the mainland.
Between 1955 and 1957, a portion of the canal along the western side of
Pleasure Islet was abandoned, and a new canal was cut along the eastern
and southern sides of Pleasure Islet. Pleasure Islet was created when a
land bridge was constructed across the abandoned portions of the canal,
between the northern tip of Pleasure Island and the mainland. Vehicle
access to the Site is limited to a single dirt road starting at the
western Site border along Old Yacht Club Road.
    The Site, along with the adjacent properties to the north and
south, were used as a Municipal Landfill for the City of Port Arthur
from 1956 to 1987. Although disposal at the landfill has long since
ceased and the landfill contents have been covered with dredged
sediments, the contents are still present on the Site in the subsurface
soils.
    In April 1982, John Palmer, President of Palmer Barge Line Inc.
purchased approximately 17 acres from the City of Port Arthur, for the
purpose of servicing and maintaining barges and marine vessels. The
company ceased operations on the property in July 1997.
    During operation, the typical activities performed at the Site
included cleaning, degassing, maintenance, and inspection of barges and
other marine equipment. Cleaning operations included the removal of
sludge and other residual material by pressure steaming the vessel
holds, engines and boilers. Engines were degreased and accumulations of
sludges were removed. Degassing activities involved the removal of
explosive vapors from vessel holds using nitrogen or boiler exhaust.
Maintenance and inspection activities included the replacement and/or
repair of valves, engine repairs, and line leak repairs followed by
pressure tests. A flare was located on-site to burn excess gases and
liquids produced during facility operations.
    The surface water migration pathway was scored as part of the
Hazard Ranking System Documentation Record. The EPA determined that the
Site warranted further investigation to assess the nature and extent of
the human health and environmental risks associated with the Site's
previous barge-cleaning and inspection activities. The Site was
proposed to be included on the NPL on May 11, 2000 (65FR30489), and
made final on July 27, 2000 (65FR46096).
    EPA conducted a Time Critical Removal Action in August 2000 that
addressed the source materials stored on-site. Removal activities
included waste removal, water treatment, oil/water separation, and
sludge stabilization. Approximately 250,000 gallons of water were
treated on-site; 500 cubic yards of sludge were stabilized; and 100,000
gallons of oil/styrene were separated and removed from the Site.
    The investigations of the Site included the wastewater aboveground
storage tank (AST), boiler house ASTs, open top slop tanks area,
horizontal ASTs, twelve ASTs area, flare area, area east of flare in
the center of the Site, ground water, and sediments of Sabine Lake.

Remedial Investigation and Feasibility Study

    On September 30, 2002, the EPA issued an Administrative Order on
Consent (AOC) to the potentially responsible parties (PRPs) to conduct
a Remedial Investigation and Feasibility Study (RI/FS). The objectives
of the RI/FS were to characterize the nature and extent of constituents
of concern in soil, ground water, and surface water and sediments of
Sabine Lake.
    Constituents detected in soil samples included metals, semivolatile
organic compounds (SVOCs), volatile organic compounds (VOCs),
polychlorinated biphenyls (PCBs), and pesticides. Several samples
containing above background concentrations of metals and SVOCs were
from samples collected in soil that contained municipal waste,
indicating that some constituents present may not be due to activities
from the barge cleaning operation.
    There is no current or anticipated future use of the shallow
groundwater at the Site. The shallow groundwater at the Site is not
considered a potential drinking water source. The shallow groundwater
resulted from the dredging activities that formed the isle where the
former PBL Superfund Site is located. Ground water samples collected
from permanent ground water monitoring wells installed downgradient of
the Site did not contain significant concentrations of these Site-
related constituents above risk-based levels.
    Constituents detected in the sediments of Sabine Lake included
polycyclic aromatic hydrocarbons and metals. Many of the constituents
found in the soil at the Site were not detected in sediment samples.
Surface water samples contained only metals at low concentrations.
    The human health risk assessment concluded that contaminants were
present in site soils and sediments that presented an unacceptable risk
to on-site workers and off-site recreational anglers. The screening
level ecological risk assessment concluded that site contaminants did
not present an unacceptable risk to ecological receptors.
    A total of four alternatives were developed for the Site during the
Feasibility Study. The EPA chose excavation and off-site disposal as
the Selected Remedy for the contaminated soils at the Site.

Selected Remedy

    Based on the results of the Baseline Human Health Risk Assessment
(BHHRA) and Screening Level Ecological Risk Assessment (SLERA), the
EPA's Selected Remedy for the PBL Superfund Site, identified in the
September 2005 Record of Decision, was ``Excavation and Off-Site
Disposal.'' The Selected Remedy consisted of the following components:
     Excavation of approximately 1,204 cubic yards of the upper
two feet of soil that exceed human health and ecological risk-based
levels at each of the response areas.
     Confirmation sampling for constituents of potential
concern at each of the response areas.
     Backfilling of excavated areas with clean soil.
     Off-site disposal of the excavated soils at a permitted
disposal facility.
     Implementation of institutional controls to restrict
future land use only for industrial purposes. The ICs shall be a
restrictive covenant by the property owner recorded in the real
property records of Jefferson County, Texas.
     Abandonment of five existing ground water monitoring
wells.
     Wastewater AST sludge removal and decontamination and off-
site disposal.

Remedial Action Objectives

    The Remedial Action Objectives (RAOs) for the Site are based on the
following:
     The reasonable anticipated land use scenario is based on
the future redevelopment of the Site for industrial or commercial use,
consistent with

current Site use and surrounding land use.
     Potential ecological risks were considered for Site soils
to prevent exposure to ecological receptors and prevent surface runoff
of contaminants to Sabine Lake sediments.
    The RAOs for the Site were:
     Prevent direct contact, ingestion, and inhalation of
surface soils that exceed human health risk-based levels, based on an
industrial worker scenario, for the chemicals of concern (COCs).
     Prevent off-site migration of COCs to Sabine Lake
sediments that exceed human health and ecological risk-based levels for
the COCs.
     Prevent exposure to Site soils that may pose a risk to
ecological receptors.

Response Actions

    On May 7, 2007, the EPA issued a Unilateral Administrative Order
(UAO) for Remedial Design and Remedial Action to the PRPs. The UAO
became effective on June 6, 2007. The Final Remedial Design/Remedial
Action Work Plan was approved by the EPA on August 2, 2007. A total of
181 tons of contaminated soils were excavated and disposed at a
permitted disposal facility. Each response area was then backfilled
with clean soil. The Record of Decision (ROD) required the collection
of confirmation samples, including analyses for the constituents of
potential concern, at each of the response areas. Analytical results
were used to determine horizontal limits of impacted media in each of
the response areas. If constituents were found to contain
concentrations in excess of the remediation goals (RG), step-out
samples were analyzed for those constituents. Additional step-out
samples were collected and analyzed when the step-out samples exceeded
the RG. This process continued until sample results for perimeter
samples were below the RG, indicating horizontal delineation had been
achieved according to the requirements of the ROD. Additionally,
approximately 78,340 pounds of oil were skimmed from the 10,000-barrel
AST and recycled for fuel blending, and approximately 854,886 pounds of
the remaining sludge material within the AST were incinerated. As
required by the 2005 ROD, five permanent ground water monitoring wells
were plugged and abandoned.
    An institutional control (IC) in the form of Restrictive Covenant
by the property owner, to the benefit of the State of Texas and the
United States Government, was filed in the appropriate property records
at the County Clerk's office in Jefferson County on March 25, 2011.
This IC ensures that future site use remains commercial/industrial.

Cleanup Goals

    The EPA chose a 1.0 x 10-5 target cleanup goal based on
exposure to COCs that exceeded those levels at surface soils. The COCs
and the selected soil cleanup goals achieved for the Human Health Risk
Areas were:
     Aldrin--1.1 milligrams/kilogram (mg/kg).
     Benzo(a)pyrene--2.3 mg/kg.
     Benzo(a)anthracene--23.0 mg/kg.
     Dieldrin--1.2 mg/kg.
     Heptachlor Epoxide--2.1 mg/kg.
     Naphthalene--210.0 mg/kg.
     Pentachlorophenol--100.0 mg/kg.
     Lead--800.0 mg/kg.
    The COCs and the selected soil cleanup goals achieved for
ecological receptors were:
     4,4'-DDD--0.0864 mg/kg.
     4,4'-DDE--0.0864 mg/kg.
     4,4'-DDT--0.0865 mg/kg.
     Butyl benzyl phthalate--5.37 mg/kg.
     Lead, total--497.0 mg/kg.
     Methoxychlor--0.09 mg/kg.

Five-Year Reviews

    Since the Selected Remedy would result in hazardous substances
remaining on-site above levels that allow for unlimited use and
unrestricted exposure, a Five-Year Review will be conducted no less
often than every five years from initiation of the Remedial Action to
ensure that the remedy is, or will continue to be, protective of human
health and the environment. The first Five-Year Review will be
conducted before September 2012.

Community Involvement

    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 for the deletion from the NPL are available to the
public in the information repositories, and a notice of availability of
the Notice of Intent for Deletion has been published in The Port Arthur
News to satisfy public participation procedures required by 40 CFR
300.425(e)(4).

Determination That the Criteria for Deletion Have Been Met

    In accordance with 40 CFR 300.425(e), sites may be deleted from the
NPL where no further response is appropriate. The EPA has determined
that the criteria for deletion have been met. The EPA has implemented
all appropriate response actions required and no further response
action by responsible parties is appropriate. EPA received a letter,
dated May 26, 2011, from the State of Texas, through the Texas
Commission on Environmental Quality, concurring on the deletion of PBL
Superfund Site from the NPL.

V. Deletion Action

    The EPA, with concurrence of the State of Texas, through the Texas
Commission on Environmental Quality, has determined that all
appropriate response actions under CERCLA, other than Five-Year
Reviews, have been completed. Therefore, EPA is deleting the PBL
Superfund 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 September 27, 2011 unless EPA receives adverse comments by
August 29, 2011. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final notice of deletion 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.

    Dated: July 22, 2011.
Al Armendariz,
Regional Administrator, Region 6.

    For the reasons set out in this document, 40 CFR part 300 is
amended as follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

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

Appendix B--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing ``Palmer
Barge Line, Port Arthur, TX.''

[FR Doc. 2011-19281 Filed 7-28-11; 8:45 am]
BILLING CODE 6560-50-P