National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Sola Optical U.S.A., Inc. Superfund Site, 44455-44459 [2013-17828]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 78, Number 142 (Wednesday, July 24, 2013)]
[Rules and Regulations]
[Pages 44455-44459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-17828]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0010; FRL 9836-9]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Sola Optical U.S.A., Inc. 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 9 is 
publishing a direct final Notice of Deletion of the Sola Optical 
U.S.A., Inc. Superfund Site (Site), located in Petaluma, California, 
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 California, through the 
California Regional Water Quality Control Board--San Francisco Bay 
Region, because EPA has determined that all appropriate response 
actions under CERCLA have been completed. However, this deletion does 
not preclude future actions under Superfund.

DATES: This direct final deletion is effective September 23, 2013, 
unless EPA receives adverse comments by August 23, 2013. 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-1990-0010, by one of the following methods:
     https://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     Email: rodriguez.dante@epa.gov.
     Fax: (415)947-3528.
     Mail: Dante Rodriguez, U.S. EPA Region 9, mail code SFD-8-
2, 75 Hawthorne Street, San Francisco, CA 94105.
     Hand delivery: U.S. EPA Region 9, 75 Hawthorne Street, 
mail code SFD-8-2, San Francisco, CA 94105.
    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-SFUND-
1900-0010. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov 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 email comment directly to EPA without 
going through https://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment 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 https://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 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 https://www.regulations.gov or in hard copy at:
Superfund Records Center, 95 Hawthorne St., Room 403, Mail Stop SFD-7C, 
San Francisco, CA 94105, (415) 536-2000, Mon-Fri: 8:00 a.m. to 5:00 
p.m.;

or the Site Repository at

Petaluma Public Library, 100 Fairgrounds Drive, Petaluma, CA 94952, 
(707) 763-9801, Mon, Thurs, Fri, Sat: 10:00 a.m. to 6:00 p.m., Tues, 
Wed: 10:00 a.m. to 9:00 p.m.

[[Page 44456]]


FOR FURTHER INFORMATION CONTACT: Dante Rodriguez, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 9, SFD-8-2, 75 
Hawthorne Street, San Francisco, CA 94105, (415) 972-3166, email: 
rodriguez.dante@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents:

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

I. Introduction

    EPA Region 9 is publishing this direct final Notice of Deletion of 
the Sola Optical U.S.A., Inc. Superfund site (Site), from the National 
Priorities List (NPL). The NPL constitutes Appendix B of 40 CFR part 
300, which is the 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 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.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective September 23, 2013 unless EPA 
receives adverse comments by August 23, 2013. Along with this direct 
final Notice of Deletion, EPA is co-publishing a Notice of Intent to 
Delete 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 to Delete 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 Sola Optical U.S.A., Inc. 
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.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the State of California prior to developing 
this direct final Notice of Deletion and the Notice of Intent to Delete 
co-published today 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 to Delete prior to their 
publication today, and the state, through the California Regional Water 
Quality Control Board--San Francisco Bay Region, has concurred on the 
deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in a major local newspaper, the 
Petaluma Argus-Courier. The newspaper notice announces the 30-day 
public comment period concerning the Notice of Intent to Delete the 
Site from the NPL.
    (4) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket and made these items available for 
public inspection 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 to 
Delete 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 future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

Site Background and History

    The Site (CAD981171523) is located at 1500 Cader Lane in the City 
of Petaluma in Sonoma County, California. The Site's main property 
contains a manufacturing building and adjoining administration office 
building. Six underground storage tanks (USTs) were formerly located 
behind the north corner of the manufacturing facility. The Site 
building is currently occupied by three companies, which utilize the 
main facility building. There is a fence located along the eastern Site 
boundary. Since 2005, an asphalt parking lot and four building pads 
with the associated below grade infrastructure (i.e., electrical and 
plumbing) have been constructed on the auxiliary 11 acre lot, adjacent 
to the main property.
    Sola manufactured ophthalmic lenses at the facility from 1978 
through 2001. The manufacturing process involved the injection of a 
catalyzed, thermosetting resin into a cavity between polished glass 
molds. The mold assembly was then placed in an air oven to cure the 
resin. The assembly was removed from the oven and subsequently put 
through a cleaning process before the production was repeated. The six 
USTs were used to store solvents such as 1,1,1-trichloroethane (1,1,1-
TCA), acetone, and methanol.
    In May 1982, Sola found low concentrations of volatile organic 
compound (VOC) contamination in the groundwater beneath the Site, near 
the six USTs. In 1983, the San Francisco Regional Water Quality Control 
Board (Regional Board) directed Sola to investigate the contamination, 
and 1,1-

[[Page 44457]]

dichloroethane (1,1-DCA), 1,1-dichloroethene (1,1-DCE), methylene 
chloride, and 1,1,1-TCA were identified in the groundwater. In July 
1985, Sola excavated and removed the six USTs. When the tanks were 
removed, there were no signs of leakage from the tanks; however, 
observations of the tank fill pipes and surrounding backfill showed 
staining on the pipes and in the adjacent backfill. It was concluded 
that the groundwater contamination might be a result of accidental 
spillage adjacent to, or leakage from, the fill pipes.
    The tank removal included excavation of gravel backfill materials 
and three to five feet of native soil from the sides and bottom of the 
excavation pit. Confirmation sampling identified the presence of three 
contaminants: acetone, 1,1-DCE, and trans-1,2-dichloroethene. Based on 
these findings, an additional two feet of soil was excavated from the 
eastern wall of the former tank area. Further confirmation sampling 
demonstrated the presence of VOCs, including acetone. No additional 
excavation was performed.
    In July 1986, soil gas samples were collected from 40 locations, 
ranging from three to five feet bgs, to determine if VOCs were 
migrating from shallow groundwater and to aid in selection of locations 
for groundwater monitoring and extraction wells. Chemicals detected in 
the soil gas included: chloroform, carbon tetrachloride, 1,1-DCA, 1,1-
DCE, tetrachloroethene (PCE), and 1,1,1-TCA. Maximum concentrations 
were found approximately 70 feet downgradient from the location of the 
former USTs.
    In 1987, the Regional Board ordered Sola to construct and operate a 
groundwater extraction and treatment system (GWTS). Sola conducted the 
activities, with the treated groundwater being discharged into Adobe 
Creek, just northwest of the Site, under a permit from the Regional 
Board. The extraction and treatment system began operating in 1988. 
Sola also arranged to have the City of Petaluma shut down the nearby 
municipal water supply well, to avoid interference with the groundwater 
clean-up efforts and prevent potential use of Site-impacted 
groundwater.
    In 1989, EPA became the lead regulatory agency for remedial 
activities at the Site. On June 24, 1988, the Site was proposed for NPL 
Listing (53 Fed.Reg. 23987). On February 21, 1990, EPA added the Site 
to the National Priorities List of Superfund sites (55 Fed.Reg. 6153). 
Soon thereafter, EPA issued an administrative order directing Sola to 
conduct further environmental sampling and to prepare a remedial 
investigation report and a feasibility study of clean-up options, both 
of which Sola completed in 1991.

Ongoing or Potential Redevelopment

    The 35-acre Sola property is zoned for industrial use. Land-use in 
the surrounding area is industrial, commercial, residential, and 
undeveloped land. The adjacent property to the west of the Site was 
previously owned by Stero Company, a manufacturer of dishwashers. There 
are residential subdivisions to the north and northwest of the Site, 
approximately 200 feet away. Property east of the Site is used for 
office space and the Harvest Christian School.
    The approximately 11-acre (889,060 square feet) previously 
undeveloped auxiliary lot in the southwest portion of the Site was 
purchased by RNM Cader, L.L.C. (RNM) for development in approximately 
2001. An asphalt parking lot and four building pads with the associated 
below grade infrastructure were constructed between 2005 and 2010. The 
approximately 24-acre main lot of the Sola property, including the 
buildings, was sold to Kland, L.L.C. in 2002. The buildings include the 
original manufacturing building, the adjoining administration office 
building, and a parking lot surrounding the buildings. Three commercial 
tenants currently occupy the Site building: Petaluma Poultry, Reynolds 
Packaging, and Scott Laboratories. Petaluma Poultry conducts sales and 
distribution of poultry; Reynolds Packaging conducts storage and 
distribution of food packaging materials; and Scott Laboratories 
conducts manufacturing and finishing of cork for the wine industry.

Remedial Investigation and Feasibility Study (RI/FS)

    Twelve chemicals of potential concern were cited in the Record of 
Decision for the Site in 1991 (1991 ROD): acetone, butanone, 1,1-DCA, 
1,2-dichloroethane (1,2-DCA), 1,1-DCE, Freon 113, 4-methyl-2-pentanone, 
PCE, toluene, 1,1,1-TCA, 1,1,2-trichloroethane (1,1,2-TCA), and 
trichloroethene (TCE). Contamination was found in the soil (acetone 
ranging up to 54 milligrams per kilogram (mg/kg) and 1,1-DCE at 0.051 
mg/kg), and in the groundwater (primarily 1,1-DCA, 1,1-DCE, 1,1,1-TCA, 
and Freon-113). The highest contaminant concentration in groundwater 
was 1,1-DCE (3,300 micrograms per liter [[mu]g/L]), detected in shallow 
well W-14 located downgradient of the former UST area. The wells on the 
downgradient edge of the Site indicated that the VOC contamination at 
the edge of the Sola property was at or below the clean-up standards.
    The risk assessment presented in the 1991 ROD indicated an excess 
lifetime cancer risk based on use of on-site contaminated groundwater 
for drinking water of 1 x 10-4 (1 person out of 10,000 
people), primarily from 1,1-DCE. The non-carcinogenic risk estimate for 
contaminated groundwater indicated that no adverse non-carcinogenic 
health effects were expected.
    The ecological assessment identified Adobe Creek as the closest 
surface water body to the Site and as a site of a local project to 
reintroduce anadromous steelhead trout to the creek. However, water 
quality samples from groundwater monitoring wells installed between the 
Sola property and Adobe Creek did not detect any contaminants, 
indicating that discharge of contaminants to surface water had not 
occurred. In addition, contaminants detected in groundwater at the Site 
were below their corresponding federal surface water quality criteria 
for the protection of aquatic life.

Selected Remedy

    EPA issued the ROD on September 27, 1991. The Remedial Action 
Objective (RAO) was to restore groundwater to its beneficial use, which 
is drinking water. The 1991 ROD determined that an expanded GWTS was 
the most appropriate method for remediating contamination at the Site. 
The selected site remedy consisted of the following elements:
     Groundwater monitoring to assure capture of contaminated 
groundwater and to demonstrate restoration of groundwater to cleanup 
standards throughout the aquifer
     Operation of existing extraction wells (8)
     Construction and operation of two additional shallow 
extraction wells
     Conversion of monitoring wells LF-13 and LF-17 to deep 
extraction wells
     Construction and operation of additional piping for the 
new and converted wells
     On-site treatment and discharge off-site or to the City of 
Petaluma sewage treatment system.
    A ROD Amendment was signed on March 30, 2007, modifying the 1991 
ROD but leaving intact its remedial action objective of restoring 
groundwater to its beneficial use as drinking water. The 2007 ROD 
Amendment addressed two issues: (1) groundwater clean-up, and (2) 
Institutional Controls (ICs). The ROD Amendment includes the following 
elements:

[[Page 44458]]

     Monitored Natural Attenuation (MNA) to achieve groundwater 
clean-up standards
     ICs to protect against inappropriate use of the 
contaminated groundwater until the clean-up standards are achieved
     Monitoring of both components until clean-up standards are 
achieved and sustained.

Response Actions

    Sola expanded the system in 1992, pursuant to the 1991 ROD and a 
Unilateral Administrative Order issued by EPA, and continued its 
operations. EPA signed an ``Interim Close-out Report'' in 1992 to 
document completion of the construction and operability of the system. 
This report served as the Preliminary Close-out Report and as the 
Remedial Action Report.
    The system was expected to restore the shallow groundwater to 
clean-up standards within 15-20 years. Initially, concentrations of the 
VOC contamination decreased significantly. By 1997, however, the rate 
of contaminant reduction had decreased. Groundwater monitoring data at 
four wells showed that concentrations of two contaminants, 1,1-DCE and 
1,1,-DCA, appeared to have stabilized and reached an asymptote at 
levels above the clean-up standards. Continued monitoring reflected no 
further reductions in contaminant concentrations. Some areas of the 
contaminated aquifer had achieved the clean-up standard of 5 parts per 
billion for 1,1-DCA but not the entire plume. The extraction and 
treatment system was no longer effectively removing these lower 
concentrations of contaminants from the groundwater. As a result, Sola 
shut off the extraction and treatment system and monitored the 
groundwater.
    The concentrations of the two remaining contaminants slowly 
declined. In 2001, Sola analyzed the data gathered since system shut-
down in 1997 and presented its evaluation of MNA, following EPA 
guidance. Sola's evaluation concluded that extraction and treatment 
alone would not be capable of achieving the clean-up standard for the 
remaining areas, but MNA likely would be. EPA indicated it would 
proceed with amending the 1991 ROD to establish MNA as the new remedy. 
The extraction and treatment system was decommissioned in 2002.
    Sampling results showed concentrations of the two contaminants 
continuing to decline. In March 2007, EPA signed the ROD Amendment that 
formally selected MNA and ICs. No additional facilities were 
constructed for the implementation of the ROD Amendment.
    Sola conducted the semi-annual sampling through December 2009, 
followed by one groundwater monitoring event conducted in 2010, none in 
2011, and one in 2012. In 2012, EPA determined that the clean-up 
standards had been achieved and sustained, as documented in a Remedial 
Action Report for the MNA remedy, signed on May 11, 2012.
Institutional Controls
    The 2007 ROD Amendment added a requirement that ICs be implemented 
to protect against inappropriate use of the contaminated groundwater 
until the clean-up standards are achieved.
    The IC that has been implemented at the Site involves the local 
well permitting department, the County of Sonoma Permit and Resource 
Management Department (CSPRMD) placing a note within its system, 
indicating that the parcel is part of a Superfund site and that well 
permits should not be issued before consulting with the CSPRMD and EPA. 
If anyone requests a permit for the Sola Site parcel, this note would 
appear. This control was implemented in October 2011 (Sonoma County, 
2011).

Cleanup Goals

    Site closure criterion was agreed upon by the Site team in January 
2006, in response to recommendations presented in the five-year review 
report. It was agreed that groundwater monitoring at well W-27 would be 
continued until it was demonstrated that the cleanup goal for 1,1-DCA 
(i.e., the California Maximum Contaminant Limit (MCL) of 5 [mu]g/l) and 
other VOCs had been maintained for four consecutive semiannual sampling 
events, or a minimum of two years. At that time, 1,1-DCA was the only 
constituent whose concentration in groundwater remained above the MCL.
    The 1,1-DCA concentrations in well W-27 have been below the MCL in 
three of the last four monitoring events, and have remained below the 
MCL since June 2010 (greater than two years). In addition, the July 
2012 1,1-DCA concentration is the lowest ever detected in this well, 
indicating the continued attenuation of 1,1-DCA. The 1,1-DCE 
concentration has also decreased from the June 2010 concentration to 
below the laboratory reporting limit of 0.5 [mu]g/l.
    The decreasing trend of 1,1-DCA concentrations in well W-27 was 
assessed using both the concentration-versus-time graph and a Mann-
Kendall trend analysis.
    Based on the two consecutive years of VOC concentrations below 
their respective MCLs and the decreasing concentration trend, EPA 
believes the groundwater cleanup standards have been achieved and the 
Site can be closed-out.

Operation and Maintenance

    No operation and maintenance (O&M) activities are required at this 
site. All clean-up goals have been met, consisting of attaining 
drinking water MCL standards in the groundwater. No further remedial 
actions or O&M thereof are required. No ICs are required to remain in 
place.

Five-Year Review

    No further five-year reviews will be conducted, as they are no 
longer required. No wastes were left in place above an unlimited use, 
unrestricted exposure level. To date, three five-year reviews have been 
conducted. These reviews were conducted because contaminant levels in 
the groundwater exceeded the ROD clean-up standards. The groundwater 
has since attained all clean-up standards.
Summary of Last Five-Year Review
    The most recent five-year review was completed in September 2010 
and contained the following Protectiveness Statement: ``The remedy at 
the Sola Site currently protects human health and the environment 
because the groundwater contamination has been reduced below drinking 
water standards (MCLs) in all but a very limited area around one well, 
no exposure pathways to the remaining contamination exist, and no one 
is using the groundwater resource. However, in order for the remedy to 
be protective in the long-term, the following actions need to be taken: 
The well permitting restriction IC within the CSPRMD Permits Plus 
system must be properly implemented to ensure the protectiveness of the 
remedy. Determine whether the restrictive covenant IC is required to 
protect human health in the short-term, and implement it if so.'' As a 
result, EPA has insured proper implementation of the well permitting 
restriction IC and has determined that the restrictive covenant IC was 
not needed because the groundwater clean-up standard had been attained.

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. Community involvement activities were conducted at the 
site, as required, during major steps of the CERCLA

[[Page 44459]]

process, including the 1991 Record of Decision, 2007 Record of Decision 
Amendment, and the 2000, 2005 and 2010 Five Year Reviews. Such 
community involvement activities included making site documents 
available to the public, publishing public notices in local newspapers, 
and providing public comment opportunities.
    EPA's community involvement activities associated with this 
deletion will consist of placing the deletion docket in the local site 
information repository and placing a public notice (of EPA's intent to 
delete the site from the NPL) in a local newspaper of general 
circulation.

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

    The implemented remedy achieves the degree of cleanup specified in 
the ROD and ROD Amendment for all pathways of exposure. All selected 
remedial action objectives and clean-up goals are consistent with 
agency policy and guidance. No further Superfund responses are needed 
to protect human health and the environment at the Site.
    The NCP (40 CFR 300.425(e)) states that a site may be deleted from 
the NPL when no further response action is appropriate. EPA, in 
consultation with the State of California, has determined that all 
required response actions have been implemented, and no further 
response action by the responsible parties is appropriate.

V. Deletion Action

    The EPA, with concurrence of the State of California through the 
California Regional Water Quality Control Board--San Francisco Bay 
Region, has determined that all appropriate response actions under 
CERCLA have been completed. Therefore, EPA is deleting the Site from 
the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective September 23, 2013 unless EPA receives adverse comments by 
August 23, 2013. 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 15, 2013.
Jane Diamond,
Director, Water Division, U.S. EPA Region 9.

    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.

0
2. Table 1 of Appendix B to part 300 is amended by removing the entry 
``Sola Optical U.S.A., Inc.'', ``Petaluma''.

[FR Doc. 2013-17828 Filed 7-23-13; 8:45 am]
BILLING CODE P