National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List, 53151-53152 [E7-18363]

Download as PDF Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Rules and Regulations In Section In paragraph Remove the term or phrase 53151 Add in its place the term or phrase 180.607 (a)(1) table Vegetable, brassica, leafy greens, subgroup 5B Brassica, leafy greens, subgroup 5B 180.607 (a)(1) table Vegetable, leafy greens, subgroup 4A Leafy greens subgroup 4A 180.610 (a)(1) table Aspirated grain fractions Grain, aspirated fractions 180.610 (a)(2) table Cattle, meat byproducts, excluding kidney Cattle, meat byproducts, except kidney 180.610 (a)(2) table Goat, meat byproducts, excluding kidney Goat, meat byproducts, except kidney 180.610 (a)(2) table Horse, meat byproducts, excluding kidney Horse, meat byproducts, except kidney 180.610 (a)(2) table Sheep, meat byproducts, excluding kidney Sheep, meat byproducts, except kidney 180.613 (a)(1) table Potato, granular/flakes Potato, granules/flakes 180.613 (a)(1) table Vegetable, cucurbit, group Vegetable, cucurbit, group 9 180.613 (a)(1) table Vegetable, fruiting, group Vegetable, fruiting, group 8 180.613 (a)(1) table Vegetable, leafy except Brassica group 4, except spinach Vegetable, leafy, except brassica, group 4, except spinach 180.613 (a)(2) table Sheep, meat by products Sheep, meat byproducts 180.614 (a) table Vegetable, fruiting group 81 Vegetable, fruiting, group 81 180.617 (b) table Aspirated grain fractions Grain, aspirated fractions [FR Doc. E7–18159 Filed 9–17–07; 8:45 a.m.] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [FRL–8469–6] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List Environmental Protection Agency. ACTION: Notice of deletion for the Grand Street Mercury Superfund Site from the National Priorities List. mstockstill on PROD1PC66 with RULES AGENCY: SUMMARY: The U.S. Environmental Protection Agency (EPA) Region II Office announces the deletion of the Grand Street Mercury Superfund Site from the National Priorities List (NPL). The Grand Street Mercury Site is located in the city of Hoboken, Hudson County, New Jersey. The NPL constitutes Appendix B to the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. EPA and the State of New Jersey, through the Department of Environmental Protection (NJDEP) have determined that all appropriate response actions have been VerDate Aug<31>2005 21:29 Sep 17, 2007 Jkt 211001 implemented and no further response actions are required. In addition, EPA and the NJDEP have determined that the remedial action taken at the Grand Street Mercury Site is protective of public health, welfare, and the environment. DATES: Effective Date: September 18, 2007. FOR FURTHER INFORMATION CONTACT: Farnaz Saghafi, Remedial Project Manager, U.S. Environmental Protection Agency, Region II, 290 Broadway, 19th Floor, New York, New York 10007– 1866, (212) 637–4408. SUPPLEMENTARY INFORMATION: To be deleted from the NPL is: The Grand Street Mercury Superfund site, City of Hoboken, Hudson County, New Jersey. A Notice of Intent to Delete for the Grand Street Mercury Site was published in the Federal Register on June 28, 2007. The closing date for comments on the Notice of Intent to Delete was July 28, 2007. No comments were received by EPA on the proposed deletion during the public comment period. EPA’s decision to propose the site for deletion is based on the successful implementation of the remedy which included demolition of the former industrial building and excavation and restoration of contaminated soils, thereby mitigating risks to human health and the environment. The monitoring data collected, since the construction of the remedy was completed in December 2004, confirmed that the remedy is PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 protective of human health and the environment. EPA identifies sites that appear to present a significant risk to public health, welfare, or the environment and it maintains the NPL as the list of those sites. As described in § 300.425(e)(3) of the NCP, any site or portion thereof deleted from the NPL remains eligible for remedial actions in the unlikely event that conditions at the site warrant such action in the future. Deletion of a site from the NPL does not affect responsible party liability or impede agency efforts to recover costs associated with response efforts. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution controls, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: August 17, 2007. Alan J. Steinberg, Regional Administrator—Region II. For the reasons set out in the preamble, part 300, Chapter I of Title 40 of the Code of Federal Regulations, is amended as follows: I PART 300—[AMENDED] 1. The authority citation for part 300 continues to read as follows: I Authority: 42 U.S.C. 9601–9675; 33 U.S.C. 1321(c)(2); E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. E:\FR\FM\18SER1.SGM 18SER1 53152 Federal Register / Vol. 72, No. 180 / Tuesday, September 18, 2007 / Rules and Regulations Appendix B—[Amended] 2. Table 1 of Appendix B to part 300 is amended by removing ‘‘Grand Street Mercury, Hoboken, NJ.’’ I [FR Doc. E7–18363 Filed 9–17–07; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 761 [EPA–HQ–OPPT–2005–0042; FRL–8143–4] RIN 2070–AB20 Polychlorinated Biphenyls; Manufacturing (Import) Exemption Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: With certain exceptions, section 6(e)(3) of the Toxic Substances Control Act (TSCA) bans the manufacture, processing, and distribution in commerce of polychlorinated biphenyls (PCBs). For purposes of TSCA, ‘‘manufacture’’ is defined to include import into the Customs Territory of the United States. One of these exceptions is TSCA section 6(e)(3)(B), which gives EPA authority to grant petitions to perform these activities for a period of up to 12 months, provided EPA can make certain findings by rule. On July 21, 2005, the United States Defense Logistics Agency (DLA), a component of the United States Department of Defense (DOD), submitted a petition to EPA to import foreign-manufactured PCBs that DOD currently owns in Japan for disposal in the United States. In this document, EPA is granting DLA’s petition. This decision to grant the petition allows DLA to manufacture (i.e., import) certain PCBs for disposal. DATES: This final rule is effective January 7, 2008. ADDRESSES: EPA has established a docket for this action under docket identification (ID) number EPA–HQ– OPPT–2005–0042. All documents in the docket are listed in the docket index available in regulations.gov. To access the electronic docket, go to https:// www.regulations.gov, select ‘‘Advanced Search,’’ then ‘‘Docket Search.’’ Insert the docket ID number where indicated and select the ‘‘Submit’’ button. Follow the instructions on the regulations.gov website to view the docket index or access available documents. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information (CBI) or other mstockstill on PROD1PC66 with RULES SUMMARY: VerDate Aug<31>2005 18:27 Sep 17, 2007 Jkt 211001 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 electronically at https://www.regulations.gov, or, if only available in hard copy, at the OPPT Docket. The OPPT Docket is located in the EPA Docket Center (EPA/DC) at Rm. 3334, EPA West Bldg., 1301 Constitution Ave., NW., Washington, DC. The EPA/DC Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays. The telephone number of the EPA/DC Public Reading Room is (202) 566–1744, and the telephone number for the OPPT Docket is (202) 566–0280. Docket visitors are required to show photographic identification, pass through a metal detector, and sign the EPA visitor log. All visitor bags are processed through an X-ray machine and subject to search. Visitors will be provided an EPA/DC badge that must be visible at all times in the building and returned upon departure. FOR FURTHER INFORMATION CONTACT: For general information contact: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division (7408M), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (202) 554–1404; e-mail address: TSCA-Hotline@epa.gov. For technical information contact: Tom Simons, National Program Chemicals Division (7404T), Office of Pollution Prevention and Toxics, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (202) 566–0517; e-mail address: simons.tom@epa.gov. SUPPLEMENTARY INFORMATION: This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in 40 CFR part 761. If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed under FOR FURTHER INFORMATION CONTACT. II. Background A. What Action is the Agency Taking? In the Federal Register of April 30, 2007 (Ref. 1), the Agency proposed to grant DLA’s petition to import PCB waste for disposal. The Agency received no comments on that proposal. In this final rule, the Agency is granting a petition submitted by DLA to import PCB waste for disposal. In the absence of an exemption, import of this waste would be banned by section 6(e)(3) of TSCA. The petition, dated July 21, 2005, is for an exemption to import certain foreign-generated PCBs owned by DOD that are currently in use or storage in Japan. (The term ‘‘foreign-generated PCBs’’ is used to identify those PCBs that DOD acquired from foreign sources and that are subject to the TSCA ban on import.) On April 16, 2001, DLA submitted a similar petition to import over four million pounds of foreign-generated PCB waste. EPA granted that petition in a final rule document published in the Federal Register of January 31, 2003 (Ref. 2). I. Does this Action Apply to Me? This action primarily applies to the petitioner, the DLA. However, you may be potentially affected by this action if you process, distribute in commerce, or dispose of PCB waste generated by others, i.e., you are an EPA-permitted PCB waste handler. Potentially affected categories and entities include, but are not necessarily limited to: • Waste treatment and disposal (NAICS code 5622), e.g., facilities that store or dispose of PCB waste. • Materials recovery facilities (NAICS code 56292), e.g., facilities that process and/or recycle metals. • Public administration (NAICS code 92), e.g., the petitioning agency (i.e., the DLA). B. What is the Agency’s Authority for Taking this Action? Section 6(e) of TSCA, 15 U.S.C. 2605(e), generally prohibits the manufacture (which includes import) of PCBs after January 1, 1979, the processing and distribution in commerce of PCBs after July 1, 1979, and most uses of PCBs after October 11, 1977. Section 6(e)(3)(A) of TSCA prohibits the manufacture, processing, and distribution in commerce of PCBs except for the distribution in commerce of PCBs that were sold for purposes other than resale before July 1, 1979. Section 6(e)(1) of TSCA also authorizes EPA to regulate the disposal of PCBs consistent with the provisions in TSCA section 6(e)(2) and (3). PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\18SER1.SGM 18SER1

Agencies

[Federal Register Volume 72, Number 180 (Tuesday, September 18, 2007)]
[Rules and Regulations]
[Pages 53151-53152]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18363]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-8469-6]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of deletion for the Grand Street Mercury Superfund Site 
from the National Priorities List.

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

SUMMARY: The U.S. Environmental Protection Agency (EPA) Region II 
Office announces the deletion of the Grand Street Mercury Superfund 
Site from the National Priorities List (NPL). The Grand Street Mercury 
Site is located in the city of Hoboken, Hudson County, New Jersey. The 
NPL constitutes Appendix B to the National Oil and Hazardous Substances 
Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA 
promulgated pursuant to section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act of 1980 (CERCLA), as amended. 
EPA and the State of New Jersey, through the Department of 
Environmental Protection (NJDEP) have determined that all appropriate 
response actions have been implemented and no further response actions 
are required. In addition, EPA and the NJDEP have determined that the 
remedial action taken at the Grand Street Mercury Site is protective of 
public health, welfare, and the environment.

DATES: Effective Date: September 18, 2007.

FOR FURTHER INFORMATION CONTACT: Farnaz Saghafi, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region II, 290 Broadway, 
19th Floor, New York, New York 10007-1866, (212) 637-4408.

SUPPLEMENTARY INFORMATION: To be deleted from the NPL is: The Grand 
Street Mercury Superfund site, City of Hoboken, Hudson County, New 
Jersey.
    A Notice of Intent to Delete for the Grand Street Mercury Site was 
published in the Federal Register on June 28, 2007. The closing date 
for comments on the Notice of Intent to Delete was July 28, 2007. No 
comments were received by EPA on the proposed deletion during the 
public comment period. EPA's decision to propose the site for deletion 
is based on the successful implementation of the remedy which included 
demolition of the former industrial building and excavation and 
restoration of contaminated soils, thereby mitigating risks to human 
health and the environment. The monitoring data collected, since the 
construction of the remedy was completed in December 2004, confirmed 
that the remedy is protective of human health and the environment. EPA 
identifies sites that appear to present a significant risk to public 
health, welfare, or the environment and it maintains the NPL as the 
list of those sites. As described in Sec.  300.425(e)(3) of the NCP, 
any site or portion thereof deleted from the NPL remains eligible for 
remedial actions in the unlikely event that conditions at the site 
warrant such action in the future. Deletion of a site from the NPL does 
not affect responsible party liability or impede agency efforts to 
recover costs associated with response efforts.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution controls, Chemicals, 
Hazardous substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: August 17, 2007.
Alan J. Steinberg,
Regional Administrator--Region II.

0
For the reasons set out in the preamble, part 300, Chapter I of Title 
40 of the Code of Federal Regulations, is amended as follows:

PART 300--[AMENDED]

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

    Authority: 42 U.S.C. 9601-9675; 33 U.S.C. 1321(c)(2); E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923, 3 CFR, 1987 Comp., p. 193.

[[Page 53152]]

Appendix B--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing ``Grand 
Street Mercury, Hoboken, NJ.''

[FR Doc. E7-18363 Filed 9-17-07; 8:45 am]
BILLING CODE 6560-50-P
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