National Oil and Hazardous Substance Pollution Contingency Plan; National Priorities List: Deletion of the Nutting Truck & Caster Co. Superfund Site, 44529-44533 [2017-20348]
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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations
PART 62—APPROVAL AND
PROMULGATION OF STATE PLANS
FOR DESIGNATED FACILITIES AND
POLLUTANTS
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2005–0011; FRL–9967–
25–Region 5]
1. The authority citation for part 62
continues to read as follows:
■
National Oil and Hazardous Substance
Pollution Contingency Plan; National
Priorities List: Deletion of the Nutting
Truck & Caster Co. Superfund Site
Authority: 42 U.S.C. 7401 et seq.
Subpart FF—New Jersey
2. Add § 62.7607 and an undesignated
heading to subpart FF to read as follows:
Air Emissions from Existing Sewage
Sludge Incineration Units
■
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§ 62.7607 Identification of plan—
delegation of authority.
(a) Letter from the New Jersey
Department of Environmental Protection
(NJDEP), submitted October 12, 2016,
requesting delegation of authority from
the EPA to implement and enforce the
Federal plan for existing Sewage Sludge
Incineration (SSI) units. The Federal
plan will be administered by both the
NJDEP and the EPA, pursuant to
‘‘Federal Plan Requirements for Sewage
Sludge Incineration Units Constructed
on or Before October 14, 2010’’ 40 CFR
62.15855–62.16050.
(b) Identification of sources. The
Federal plan applies to owners or
operators of existing facilities that meet
all three of the following criteria:
(1) The SSI unit(s) commenced
construction on or before October 14,
2010;
(2) The SSI unit(s) meets the
definition of an SSI unit as defined in
§ 62.16045; and
(3) The SSI unit(s) is not exempt
under § 62.15860.
(c) On December 27, 2016, the EPA
prepared and signed a Memorandum of
Agreement (MOA) between the EPA and
NJDEP that define the policies,
responsibilities and procedures
pursuant to the SSI Federal plan
identified in (a) above by which the
Federal plan will be administered by
both the NJDEP and the EPA. On
January 24, 2017, Bob Martin, NJDEP
Commissioner, signed the MOA,
therefore agreeing to the terms and
conditions of the MOA and accepting
responsibility to enforce and implement
the policies, responsibilities, and
procedures for existing SSI units.
(d) The delegation became fully
effective on January 24, 2017, the date
the MOA was signed by the NJDEP
Commissioner.
[FR Doc. 2017–20440 Filed 9–22–17; 8:45 am]
BILLING CODE 6560–50–P
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Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 5 is publishing a
direct final Notice of Deletion of the
Nutting Truck & Caster Co. Superfund
Site (Site), located in Faribault, Rice
County, Minnesota 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
Minnesota, through the Minnesota
Pollution Control Agency (MPCA),
because EPA has determined that all
appropriate response actions under
CERCLA have been completed.
However, this deletion does not
preclude future actions under
Superfund.
SUMMARY:
This direct final deletion is
effective November 24, 2017 unless EPA
receives adverse comments by October
25, 2017. 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.
DATES:
Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–2005–0011 at https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Comments may also be submitted by
email or mail to Randolph Cano, NPL
Deletion Coordinator, U.S.
Environmental Protection Agency
Region 5 (SR–6J), 77 West Jackson
Boulevard, Chicago, IL 60604, (312)
886–6036, email address:
cano.randolph@epa.gov or hand deliver:
Superfund Records Center, U.S.
Environmental Protection Agency
Region 5, 77 West Jackson Boulevard,
7th Floor South, Chicago, IL 60604,
(312) 886–0900. Such deliveries are
only accepted during the Docket’s
ADDRESSES:
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44529
normal hours of operation, and special
arrangements should be made for
deliveries of boxed information. The
normal business hours are Monday
through Friday, 8 a.m. to 4 p.m.,
excluding Federal holidays. Once
submitted, comments cannot be edited
or removed from Regulations.gov. The
EPA may publish any comment received
to its public docket. Do not submit
electronically any information you
consider to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Multimedia submissions (audio, video,
etc.) must be accompanied by a written
comment. The written comment is
considered the official comment and
should include discussion of all points
you wish to make. The EPA will
generally not consider comments or
comment contents located outside of the
primary submission (i.e. on the web,
cloud, or other file sharing system). For
additional submission methods, the full
EPA public comment policy,
information about CBI or multimedia
submissions, and general guidance on
making effective comments, please visit
https://www2.epa.gov/dockets/
commenting-epa-dockets. Publicly
available docket materials are available
either electronically through https://
www.regulations.gov or in hard copy at
the site information repositories.
Locations, contacts, phone numbers
and viewing hours are:
U.S. Environmental Protection
Agency—Region 5, Superfund Records
Center, 77 West Jackson Boulevard, 7th
Floor South, Chicago, IL 60604, Phone:
(312) 886–0900, Hours: Monday through
Friday, 8 a.m. to 4 p.m., excluding
Federal holidays.
Buckham Memorial Library, 11
Division Street E, Faribault, MN 55021,
Phone: (507) 334–2089, Hours: Monday
and Wednesday, 9 a.m. to 6 p.m.,
Tuesday and Thursday 9 a.m. to 8 p.m.,
Friday and Saturday 9 a.m. to 5 p.m.
FOR FURTHER INFORMATION CONTACT:
Randolph Cano, NPL Deletion
Coordinator, U.S. Environmental
Protection Agency Region 5 (SR–6J), 77
West Jackson Boulevard, Chicago, IL
60604, (312) 886–6036, or via email at
cano.randolph@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 5 is publishing this direct
final Notice of Deletion of the Nutting
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Truck & Caster Co. Site (Site) from the
NPL and requests public comment on
this action. 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 CERCLA, 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 Fundfinanced remedial actions if future
conditions warrant such actions.
Because EPA considers this action to
be noncontroversial and routine, this
action is effective November 24, 2017,
unless EPA receives adverse comments
by October 25, 2017.
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 Nutting Truck & Caster
Co. 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.
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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
Minnesota prior to developing this
direct final Notice of Deletion and the
Notice of Intent to Delete co-published
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today in the ‘‘Proposed Rules’’ section
of the Federal Register.
(2) EPA has provided the State thirty
(30) working days for review of this
action and the parallel Notice of Intent
to Delete prior to their publication
today, and the State, through the MPCA,
has concurred on the deletion of the Site
from the NPL.
(3) Concurrent 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 ‘‘Faribault Daily News’’. The
newspaper document announces the 30day public comment period concerning
the Notice of Intent to Delete the Site
from the NPL.
(4) 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 Nutting Truck & Caster Co.
Superfund Site (CERCLIS ID:
MND006154017) is located at 85 Prairie
Avenue (formerly reported as 1201 or
1221 W. Division Street) in Faribault,
Minnesota. The Site covers
approximately 8.6 acres of the former 11
acre Nutting Truck & Caster Co.
(Nutting) property that was used for
manufacturing and waste disposal
activities. The Site is bound on the west
by Prairie Avenue and the southeast by
railroad tracks. The majority of the
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north Site boundary is approximately
250 feet south of Division Street. The
Site is accessed via Prairie Avenue. The
property is currently owned by Prairie
Avenue Leasing, Ltd., and is utilized for
commercial and light industrial uses.
The property includes an industrial/
commercial building with loading
docks. Most of the remainder of the
property is paved. A cell tower is
located on the property.
Single-family homes and an Islamic
Center are located to the west and north
of the Site. The residences and other
water-users on and near the Site are
connected to the municipal water
supply. Nutting manufactured casters,
wheels and hand trucks at the Site from
1891 to 1984. Prior to 1979, Nutting
disposed wastes in an unlined seepage
pit in a former gravel pit on the Site.
The wastes were primarily solvents and
sludges containing cadmium, lead,
cyanide, methylene chloride,
trichloroethylene (TCE) and xylene.
The MPCA issued a Notice of
Noncompliance to Nutting for their past
TCE disposal practice at the Site in
1979. Nutting excavated the sludge and
contaminated soil from the former
seepage pit under MPCA oversight in
1980. Nutting land spread the excavated
material on Rice County property
adjacent to the Rice County Landfill in
accordance with MPCA Permit
MNL051748. Nutting backfilled the pit
with clean fill and paved the area over
with concrete. MPCA determined that
the source materials were effectively
removed, but that groundwater
contamination remained at the Site
above drinking water standards.
EPA proposed the Site to the NPL on
September 8, 1983 (48 FR 40658) and
finalized the Site on the NPL on
September 21, 1984 (49 FR 37055).
MPCA added Nutting to its State
Superfund Priority List, known as the
Permanent List of Priorities (PLP), in
1984. MPCA took the lead in addressing
the Site through its State environmental
response authority under the Minnesota
Environmental Response and Liability
Act (MERLA) of 1983.
MPCA issued a Request for Response
Action (RFRA) to Nutting in September
1983 and a Response Order by Consent
to Nutting in April 1984 (1984 Order).
The 1984 Order required Nutting to
conduct a remedial investigation (RI)
and to make recommendations
concerning further response actions that
may be necessary at the Site. EPA was
not a party to the 1984 Order because
the Site was a State enforcement lead
site.
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Remedial Investigation and Feasibility
Study (RI/FS)
Nutting completed the RI and
recommended response actions for
groundwater in 1986. MPCA issued a
second Response Order by Consent to
Nutting on September 22, 1987 (1987
Order). EPA was not a party to the 1987
Order. The 1987 Order required Nutting
to develop and implement a Response
Action Plan (RAP) for groundwater
remediation. MPCA required this action
based on the possibility that the
groundwater contamination
immediately downgradient of the
Nutting Site could pose a potential
future threat to the Faribault well field.
Nutting submitted a RAP to MPCA in
response to the 1987 Order. MPCA
approved the RAP and Nutting
implemented the RAP in 1987. The RAP
called for the extraction and treatment
of contaminated groundwater and
continued groundwater monitoring.
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Selected Remedy
Soil: MPCA’s selected remedy for soil
was the soil excavation Nutting
conducted pursuant to MPCA’s 1979
Notice of Noncompliance. Nutting
excavated the contaminated soil and
material from the seepage pit located in
the west central area of the property.
Nutting disposed of these materials,
which were the Site’s major source of
TCE contamination, off-site. This
removal action achieved MPCA’s
residential soil clean-up goals. Nutting
backfilled the excavated pit with clean
fill and paved the area with concrete.
The area is currently used as a loading
dock and parking area. The soil removal
action objectives for the Site are: (1) To
eliminate the possibility of precipitation
facilitating the migration of
contaminants through the soil; and (2)
to eliminate access to the former
seepage pit area by potential receptors.
Groundwater: The remedial action
objectives (RAOs) for Site groundwater
are documented in the 1987 RAP. The
groundwater RAOs are to prevent the
migration of contaminated groundwater
away from the Site and to ensure the
protection of downgradient aquifers for
future use as a potable water supply.
Nutting installed a groundwater pumpand-treat (P&T) system at the Site to
prevent the contaminated groundwater
from migrating away from the Site in
1987. Nutting also installed a system of
downgradient compliance wells to
assess the effectiveness of the
groundwater remedy.
MPCA set the cleanup level for
groundwater in the RAP at 50 parts per
billion (ppb) for TCE in the upper
aquifer units. MPCA’s objective was to
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ensure that the downgradient drinking
water aquifers would be protected. TCE
levels in groundwater could not exceed
50 parts per billion (ppb) in the
compliance wells. The compliance
wells were the wells that were the
closest to the Site, 350–400 feet
downgradient of the Nutting property
boundary. Several of the sentinel wells
located on private properties were
subsequently sealed due to requests
from property owners.
The Minnesota Department of Health
(MDH) recommended that the
Minnesota Health Risk Limit (HRL) for
TCE be changed from 30 ppb to 5 ppb
in 2002. This lower value coincides
with EPA’s Maximum Contaminant
Level (MCL) for TCE under the Safe
Drinking Water Act. MPCA prepared an
amended RAP to modify the
groundwater clean-up goals for the Site
from 50 ppb of TCE to the present MCL/
HRL action level of 5 ppb in 2003.
Response Actions
Nutting constructed and began
operating the groundwater extraction
system at the Site in 1987. The
extraction system consisted of two
wells. One extraction well was installed
in the shallower, glacial outwash unit of
the upper aquifer and one extraction
well was installed in the deeper, St.
Peter Sandstone unit of the upper
aquifer. The St. Peter Sandstone unit of
the upper aquifer is above the lower,
Prairie du Chien aquifer, which is the
source of drinking water. Groundwater
flow in both aquifers is to the north.
Both extraction wells were located just
north of the Site on Division Street
West. Nutting treated the extracted
groundwater on-Site using a gravity
cascade to remove the TCE and other
volatile organic compounds. Nutting
discharged the treated groundwater to a
municipal storm water sewer.
Cleanup Levels
MPCA lowered the cleanup level for
TCE to 5 ppb in an amended RAP in
2003. Groundwater sampling
demonstrated that the extraction system
achieved the 5 ppb cleanup standard for
TCE in the off-site compliance wells in
2004. Nutting shut down the extraction
wells in 2004 with the approval of the
MPCA.
Nutting prepared a Long-term
Monitoring Plan in June 2004 that
contained a two-tier monitoring plan for
removing the groundwater treatment
system. This document also contained
criteria and contingency plans for
restarting the groundwater treatment
system.
Nutting continued to monitor the
groundwater until 2007. In 2007, MPCA
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determined that the cleanup standard
for groundwater was met and
maintained at the compliance wells and
that no additional groundwater
monitoring was required. Nutting sealed
all extraction and monitoring wells with
MPCA approval in 2008. MPCA
terminated the 1987 Order and deleted
the Site from its PLP in 2009.
EPA reviewed the Site in 2010. EPA
determined that no further action was
necessary to protect public health or
welfare or the environment at the Site.
EPA issued a Record of Decision (ROD)
in 2010 stating that all appropriate
MERLA response actions, which
parallel CERCLA response actions, were
completed at the Site, and that longterm monitoring indicates that the soil
and the groundwater at the Site do not
pose a threat to public health or welfare
or the environment. EPA’s ROD
determined that because the actions
taken at the Site removed the potential
for risks to human health and the
environment, these actions meet EPA
clean-up standards, and no further
action is required. EPA’s ROD also
determined that Site conditions allow
for unlimited use and unrestricted
exposure.
EPA reviewed the historical
groundwater data from the Site in 2013
when preparing to delete the Site from
the NPL. During this review, EPA
determined that the drinking water
standard for TCE was, in fact, not being
met throughout the plume. This
standard would have to be achieved
throughout the plume before the Site
could be deleted from the NPL. EPA
raised this issue with MPCA.
MPCA contracted the Antea Group
(Antea) to re-install two groundwater
monitoring wells at the Site to address
this issue. Antea re-installed nested
groundwater monitoring well B4R in the
glacial outwash/St. Peter Sandstone
upper aquifer and W13R in the Prairie
du Chien lower aquifer in 2014 to
confirm that the MCL was attained in
the on-Site plume. Antea sampled the
groundwater during 15 sampling events
from August 2014 to November 2016.
Antea sampled lower aquifer well W13R
during all 15 sampling events and upper
aquifer well B4R during the first 11
events under EPA direction.
The analytical results from all 11
sampling events from B4R showed TCE
concentrations below the cleanup level
of 5 ppb. The analytical results from the
first seven W13R sampling events
showed TCE levels below 10 ppb, with
the final eight sampling events under
the cleanup level of 5 ppb. Because the
last eight consecutive groundwater
sampling events at the Site show that
the TCE cleanup level of 5 ppb is being
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met throughout the plume, EPA’s
requirements for Site closeout are
achieved. No additional groundwater
monitoring is required.
MPCA tasked Antea to conduct
additional sampling to assess whether
there was any potential risk from soil
vapor intrusion in 2015. Antea
advanced five soil gas probes to depths
of six to eight feet below ground surface
around the northwest corner of the Site
downgradient of the former disposal pit.
The analytical results were below the
screening values for all constituents on
the Minnesota Soil Gas List and total
hydrocarbons. These results indicate
that the risk for vapor intrusion is
minimal and that additional vapor
intrusion actions are not necessary.
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Operation and Maintenance
This Site does not require any
operation and maintenance (O&M)
activities. Site soil and groundwater
meet all cleanup objectives and no
further remedial action or O&M is
required. The MPCA will permanently
abandon the re-installed monitoring
wells, which are no longer needed for
the collection of groundwater data.
Nutting executed an Environmental
Covenant and Easement at the Site on
October 28, 2008. The MPCA required
this institutional control as part of the
State delisting requirement from the
State PLP. The covenant provides
additional and enforceable protection of
public health and the environment, as it
provides that: (1) No wells can be
installed on the property without the
approval of the MPCA; (2) all
monitoring and extraction wells have
been properly abandoned as a condition
of the Environmental Covenant; (3) the
property owner is required to report to
the MPCA on an annual basis that
conditions at the Site remain consistent
with land use prescribed in the zoning
requirements; and (4) any proposed
changes in land use require that MPCA
be notified to determine if the changes
will adversely affect the protectiveness
of the completed remedy. It should be
noted that this covenant is not required
by EPA.
Five Year Reviews
MPCA conducted five-year reviews
(FYRs) of the Site in 1994, 1998, 2003
and 2008. MPCA conducted the last
FYR of the Site in 2008. MPCA’s 2008
FYR concluded that the remedial
actions at the Site were protective of
human health and the environment in
the short-term, and that long-term
protectiveness would be achieved when
the groundwater cleanup standards
were attained and the State-required
institutional controls were in place. The
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Site-wide remedy protects human
health and the environment because
exposure pathways that could result in
unacceptable risks have been controlled
through the completed remedial
activities.
MPCA deleted the Site from the State
PLP in 2009. EPA’s 2010 ROD
determined that all appropriate MERLA
response actions, which parallel
CERCLA response actions, have been
completed. Long-term monitoring
indicates that the soil and groundwater
at the Site do not pose a threat to public
health or welfare or the environment.
EPA’s 2010 ROD does not require
subsequent FYRs since Site conditions
allow for unlimited use and unrestricted
exposure. EPA, MPCA, Antea and the
Site property owner conducted a final
inspection at the Site on November 15,
2016. EPA completed a Final Close Out
Report for the Site on April 11, 2017.
Community Involvement
EPA and MPCA satisfied public
participation activities as required in
CERCLA Section 113(k), 42 U.S.C.
9613(k), and CERCLA Section 117, 42
U.S.C. 9617. MPCA published
notifications announcing the FYR and
inviting the public to comment and
express their concerns about the Site in
the Faribault Daily News at the start of
the 1994, 1998, 2003 and 2008 FYRs.
EPA published a document about its
proposed no further action plan for the
Site, the 30-day public comment period,
and the availability of a public meeting,
if requested, in the Faribault Daily News
in 2010. EPA mailed a proposed plan
fact sheet with information about the
Site and announcing a 30-day public
comment period to the addresses on the
Site mailing list prior to issuing its final
decision in the 2010 ROD. EPA did not
receive any comments during the public
comment period or any requests for a
public meeting.
EPA published a document
announcing this proposed Direct Final
Deletion in the Faribault Daily News
prior to publishing this deletion in the
Federal Register. Documents in the
deletion docket which EPA relied on for
recommending the deletion of this Site
from the NPL are available to the public
in the information repositories and at
https://www.regulations.gov.
Determination That the Site Meets the
Criteria for Deletion in the NCP
This Site meets all of the site
completion requirements as specified in
Office of Solid Waste and Emergency
Response (OSWER) Directive 9320.2–22,
Close Out Procedures for National
Priorities List Sites. All cleanup actions
specified in the RAP have been
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implemented, and the Site has achieved
the RAP cleanup objectives or has been
cleaned up to acceptable risk levels for
all media and exposure pathways as
noted in the 2010 EPA ROD. The RAOs
and associated clean-up goals are
consistent with Agency policy and
guidance. Confirmation groundwater
sampling and soil vapor results provide
further assurance that the Site no longer
poses a threat to human health or the
environment. Therefore, the EPA has
determined that no further Superfund
response is necessary at the Site to
protect human health and the
environment.
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 Minnesota, has determined
that all required response actions have
been implemented and no further
response action by the responsible
parties is appropriate.
V. Deletion Action
EPA, with concurrence from the State
of Minnesota through the MPCA, 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
direct final deletion is effective
November 24, 2017 unless EPA receives
adverse comments by October 25, 2017.
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
substances, Hazardous waste,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, and Water supply.
Dated: August 21, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
For the reasons stated in the
preamble, 40 CFR part 300 is amended
as follows:
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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
2013 Comp., p. 306; 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 to Part 300 [Amended]
2. Table 1 of Appendix B to part 300
is amended by removing the entry
‘‘MN’’, ‘‘Nutting Truck & Caster Co’’,
‘‘Faribault’’.
■
[FR Doc. 2017–20348 Filed 9–22–17; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 770
[EPA–HQ–OPPT–2017–0244; FRL–9966–56]
RIN 2070–AK35
Compliance Date Extension;
Formaldehyde Emission Standards for
Composite Wood Products
Environmental Protection
Agency (EPA).
ACTION: Final rule; compliance date
extension.
AGENCY:
EPA is extending the
compliance dates for the formaldehyde
emission standards for composite wood
products final rule issued pursuant to
the Toxic Substances Control Act
(TSCA) Title VI, and published in the
Federal Register on December 12, 2016.
EPA is extending the December 12,
2017, manufactured-by date for
emission standards, recordkeeping, and
labeling provisions until December 12,
2018; extending the December 12, 2018
compliance date for import certification
provisions until March 22, 2019; and
extending the December 12, 2023,
compliance date for provisions
applicable to producers of laminated
products until March 22, 2024.
Additionally, this final rule will extend
the transitional period during which the
California Air Resources Board (CARB)
Third Party Certifiers (TPC) may certify
composite wood products under TSCA
Title VI without an accreditation issued
by an EPA TSCA Title VI Accreditation
Body, so long as the TPC remains
approved by CARB, is recognized by
EPA, and complies with all aspects of
the December 12, 2016 final rule until
March 22, 2019. EPA believes that
extension of these compliance dates and
asabaliauskas on DSKBBXCHB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:53 Sep 22, 2017
Jkt 241001
the transitional period for CARB TPCs
adds needed regulatory flexibility for
regulated entities, reduces compliance
burdens, and helps to prevent
disruptions to supply chains while still
ensuring that compliant composite
wood products enter the supply chain
in a timely manner.
DATES: This final rule is effective on
October 25, 2017.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2017–0244, is
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW., Washington,
DC. The Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is (202) 566–1744,
and the telephone number for the OPPT
Docket is (202) 566–0280. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT:
For technical information contact:
Erik Winchester, National Program
Chemicals Division, Office of Pollution
Prevention and Toxics, Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460–0001;
telephone number: (202) 564–6450;
email address: winchester.erik@epa.gov.
For general information contact: The
TSCA-Hotline, ABVI-Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; email address: TSCA-Hotline@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Does this action apply to me?
You may be affected by this final rule
if you manufacture (including import),
sell, supply, offer for sale, test, or work
with the certification of hardwood
plywood, medium-density fiberboard,
particleboard, and/or products
containing these composite wood
materials in the United States. The
following list of North American
Industrial Classification System
(NAICS) codes is not intended to be
exhaustive, but rather provides a guide
to help readers determine whether this
document applies to them. Potentially
affected entities may include:
• Veneer, plywood, and engineered
wood product manufacturing (NAICS
code 3212).
• Manufactured home (mobile home)
manufacturing (NAICS code 321991).
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
44533
• Prefabricated wood building
manufacturing (NAICS code 321992).
• Furniture and related product
manufacturing (NAICS code 337).
• Furniture merchant wholesalers
(NAICS code 42321).
• Lumber, plywood, millwork, and
wood panel merchant wholesalers
(NAICS code 42331).
• Other construction material
merchant wholesalers (NAICS code
423390), e.g., merchant wholesale
distributors of manufactured homes
(i.e., mobile homes) and/or
prefabricated buildings.
• Furniture stores (NAICS code 4421).
• Building material and supplies
dealers (NAICS code 4441).
• Manufactured (mobile) home
dealers (NAICS code 45393).
• Motor home manufacturing (NAICS
code 336213).
• Travel trailer and camper
manufacturing (NAICS code 336214).
• Recreational vehicle (RV) dealers
(NAICS code 441210).
• Recreational vehicle merchant
wholesalers (NAICS code 423110).
• Engineering services (NAICS code
541330).
• Testing laboratories (NAICS code
541380).
• Administrative management and
general management consulting services
(NAICS code 541611).
• All other professional, scientific,
and technical services (NAICS code
541990).
• All other support services (NAICS
code 561990).
• Business associations (NAICS code
813910).
• Professional organizations (NAICS
code 813920).
If you have any questions regarding
the applicability of this action, please
consult the technical person listed
under FOR FURTHER INFORMATION
CONTACT.
II. Background
A. What action is the agency taking?
EPA shares the concerns raised by
industry stakeholders regarding the time
needed to comply with provisions of the
formaldehyde emission standards for
composite wood products final rule (81
FR 89674, December 12, 2016) (FRL–
9949–90), and, therefore, is extending
several rule compliance dates. EPA also
believes that CARB TPCs should be
allotted the full two years granted by the
December 12, 2016 final rule to operate
under the transitional period as
promulgated in § 770.7(d).
1. Direct Final Rule and Notice of
Proposed Rulemaking. Given that EPA
extended the effective date of the TSCA
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]]>Agencies
[Federal Register Volume 82, Number 184 (Monday, September 25, 2017)]
[Rules and Regulations]
[Pages 44529-44533]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20348]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2005-0011; FRL-9967-25-Region 5]
National Oil and Hazardous Substance Pollution Contingency Plan;
National Priorities List: Deletion of the Nutting Truck & Caster Co.
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 5 is
publishing a direct final Notice of Deletion of the Nutting Truck &
Caster Co. Superfund Site (Site), located in Faribault, Rice County,
Minnesota 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 Minnesota, through the
Minnesota Pollution Control Agency (MPCA), 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 November 24, 2017 unless
EPA receives adverse comments by October 25, 2017. 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-2005-0011 at https://www.regulations.gov. Follow the online
instructions for submitting comments. Comments may also be submitted by
email or mail to Randolph Cano, NPL Deletion Coordinator, U.S.
Environmental Protection Agency Region 5 (SR-6J), 77 West Jackson
Boulevard, Chicago, IL 60604, (312) 886-6036, email address:
cano.randolph@epa.gov or hand deliver: Superfund Records Center, U.S.
Environmental Protection Agency Region 5, 77 West Jackson Boulevard,
7th Floor South, Chicago, IL 60604, (312) 886-0900. Such deliveries are
only accepted during the Docket's normal hours of operation, and
special arrangements should be made for deliveries of boxed
information. The normal business hours are Monday through Friday, 8
a.m. to 4 p.m., excluding Federal holidays. Once submitted, comments
cannot be edited or removed from Regulations.gov. The EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e. on the web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets. Publicly available docket
materials are available either electronically through https://www.regulations.gov or in hard copy at the site information
repositories.
Locations, contacts, phone numbers and viewing hours are:
U.S. Environmental Protection Agency--Region 5, Superfund Records
Center, 77 West Jackson Boulevard, 7th Floor South, Chicago, IL 60604,
Phone: (312) 886-0900, Hours: Monday through Friday, 8 a.m. to 4 p.m.,
excluding Federal holidays.
Buckham Memorial Library, 11 Division Street E, Faribault, MN
55021, Phone: (507) 334-2089, Hours: Monday and Wednesday, 9 a.m. to 6
p.m., Tuesday and Thursday 9 a.m. to 8 p.m., Friday and Saturday 9 a.m.
to 5 p.m.
FOR FURTHER INFORMATION CONTACT: Randolph Cano, NPL Deletion
Coordinator, U.S. Environmental Protection Agency Region 5 (SR-6J), 77
West Jackson Boulevard, Chicago, IL 60604, (312) 886-6036, or via email
at cano.randolph@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 5 is publishing this direct final Notice of Deletion of
the Nutting
[[Page 44530]]
Truck & Caster Co. Site (Site) from the NPL and requests public comment
on this action. 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 CERCLA, 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, 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 is effective November 24, 2017, unless EPA
receives adverse comments by October 25, 2017.
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 Nutting Truck & Caster Co.
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 Minnesota 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 thirty (30) working days for review
of this action and the parallel Notice of Intent to Delete prior to
their publication today, and the State, through the MPCA, has concurred
on the deletion of the Site from the NPL.
(3) Concurrent 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
``Faribault Daily News''. The newspaper document announces the 30-day
public comment period concerning the Notice of Intent to Delete the
Site from the NPL.
(4) 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 Nutting Truck & Caster Co. Superfund Site (CERCLIS ID:
MND006154017) is located at 85 Prairie Avenue (formerly reported as
1201 or 1221 W. Division Street) in Faribault, Minnesota. The Site
covers approximately 8.6 acres of the former 11 acre Nutting Truck &
Caster Co. (Nutting) property that was used for manufacturing and waste
disposal activities. The Site is bound on the west by Prairie Avenue
and the southeast by railroad tracks. The majority of the north Site
boundary is approximately 250 feet south of Division Street. The Site
is accessed via Prairie Avenue. The property is currently owned by
Prairie Avenue Leasing, Ltd., and is utilized for commercial and light
industrial uses. The property includes an industrial/commercial
building with loading docks. Most of the remainder of the property is
paved. A cell tower is located on the property.
Single-family homes and an Islamic Center are located to the west
and north of the Site. The residences and other water-users on and near
the Site are connected to the municipal water supply. Nutting
manufactured casters, wheels and hand trucks at the Site from 1891 to
1984. Prior to 1979, Nutting disposed wastes in an unlined seepage pit
in a former gravel pit on the Site. The wastes were primarily solvents
and sludges containing cadmium, lead, cyanide, methylene chloride,
trichloroethylene (TCE) and xylene.
The MPCA issued a Notice of Noncompliance to Nutting for their past
TCE disposal practice at the Site in 1979. Nutting excavated the sludge
and contaminated soil from the former seepage pit under MPCA oversight
in 1980. Nutting land spread the excavated material on Rice County
property adjacent to the Rice County Landfill in accordance with MPCA
Permit MNL051748. Nutting backfilled the pit with clean fill and paved
the area over with concrete. MPCA determined that the source materials
were effectively removed, but that groundwater contamination remained
at the Site above drinking water standards.
EPA proposed the Site to the NPL on September 8, 1983 (48 FR 40658)
and finalized the Site on the NPL on September 21, 1984 (49 FR 37055).
MPCA added Nutting to its State Superfund Priority List, known as the
Permanent List of Priorities (PLP), in 1984. MPCA took the lead in
addressing the Site through its State environmental response authority
under the Minnesota Environmental Response and Liability Act (MERLA) of
1983.
MPCA issued a Request for Response Action (RFRA) to Nutting in
September 1983 and a Response Order by Consent to Nutting in April 1984
(1984 Order). The 1984 Order required Nutting to conduct a remedial
investigation (RI) and to make recommendations concerning further
response actions that may be necessary at the Site. EPA was not a party
to the 1984 Order because the Site was a State enforcement lead site.
[[Page 44531]]
Remedial Investigation and Feasibility Study (RI/FS)
Nutting completed the RI and recommended response actions for
groundwater in 1986. MPCA issued a second Response Order by Consent to
Nutting on September 22, 1987 (1987 Order). EPA was not a party to the
1987 Order. The 1987 Order required Nutting to develop and implement a
Response Action Plan (RAP) for groundwater remediation. MPCA required
this action based on the possibility that the groundwater contamination
immediately downgradient of the Nutting Site could pose a potential
future threat to the Faribault well field. Nutting submitted a RAP to
MPCA in response to the 1987 Order. MPCA approved the RAP and Nutting
implemented the RAP in 1987. The RAP called for the extraction and
treatment of contaminated groundwater and continued groundwater
monitoring.
Selected Remedy
Soil: MPCA's selected remedy for soil was the soil excavation
Nutting conducted pursuant to MPCA's 1979 Notice of Noncompliance.
Nutting excavated the contaminated soil and material from the seepage
pit located in the west central area of the property. Nutting disposed
of these materials, which were the Site's major source of TCE
contamination, off-site. This removal action achieved MPCA's
residential soil clean-up goals. Nutting backfilled the excavated pit
with clean fill and paved the area with concrete. The area is currently
used as a loading dock and parking area. The soil removal action
objectives for the Site are: (1) To eliminate the possibility of
precipitation facilitating the migration of contaminants through the
soil; and (2) to eliminate access to the former seepage pit area by
potential receptors.
Groundwater: The remedial action objectives (RAOs) for Site
groundwater are documented in the 1987 RAP. The groundwater RAOs are to
prevent the migration of contaminated groundwater away from the Site
and to ensure the protection of downgradient aquifers for future use as
a potable water supply. Nutting installed a groundwater pump-and-treat
(P&T) system at the Site to prevent the contaminated groundwater from
migrating away from the Site in 1987. Nutting also installed a system
of downgradient compliance wells to assess the effectiveness of the
groundwater remedy.
MPCA set the cleanup level for groundwater in the RAP at 50 parts
per billion (ppb) for TCE in the upper aquifer units. MPCA's objective
was to ensure that the downgradient drinking water aquifers would be
protected. TCE levels in groundwater could not exceed 50 parts per
billion (ppb) in the compliance wells. The compliance wells were the
wells that were the closest to the Site, 350-400 feet downgradient of
the Nutting property boundary. Several of the sentinel wells located on
private properties were subsequently sealed due to requests from
property owners.
The Minnesota Department of Health (MDH) recommended that the
Minnesota Health Risk Limit (HRL) for TCE be changed from 30 ppb to 5
ppb in 2002. This lower value coincides with EPA's Maximum Contaminant
Level (MCL) for TCE under the Safe Drinking Water Act. MPCA prepared an
amended RAP to modify the groundwater clean-up goals for the Site from
50 ppb of TCE to the present MCL/HRL action level of 5 ppb in 2003.
Response Actions
Nutting constructed and began operating the groundwater extraction
system at the Site in 1987. The extraction system consisted of two
wells. One extraction well was installed in the shallower, glacial
outwash unit of the upper aquifer and one extraction well was installed
in the deeper, St. Peter Sandstone unit of the upper aquifer. The St.
Peter Sandstone unit of the upper aquifer is above the lower, Prairie
du Chien aquifer, which is the source of drinking water. Groundwater
flow in both aquifers is to the north. Both extraction wells were
located just north of the Site on Division Street West. Nutting treated
the extracted groundwater on-Site using a gravity cascade to remove the
TCE and other volatile organic compounds. Nutting discharged the
treated groundwater to a municipal storm water sewer.
Cleanup Levels
MPCA lowered the cleanup level for TCE to 5 ppb in an amended RAP
in 2003. Groundwater sampling demonstrated that the extraction system
achieved the 5 ppb cleanup standard for TCE in the off-site compliance
wells in 2004. Nutting shut down the extraction wells in 2004 with the
approval of the MPCA.
Nutting prepared a Long-term Monitoring Plan in June 2004 that
contained a two-tier monitoring plan for removing the groundwater
treatment system. This document also contained criteria and contingency
plans for restarting the groundwater treatment system.
Nutting continued to monitor the groundwater until 2007. In 2007,
MPCA determined that the cleanup standard for groundwater was met and
maintained at the compliance wells and that no additional groundwater
monitoring was required. Nutting sealed all extraction and monitoring
wells with MPCA approval in 2008. MPCA terminated the 1987 Order and
deleted the Site from its PLP in 2009.
EPA reviewed the Site in 2010. EPA determined that no further
action was necessary to protect public health or welfare or the
environment at the Site. EPA issued a Record of Decision (ROD) in 2010
stating that all appropriate MERLA response actions, which parallel
CERCLA response actions, were completed at the Site, and that long-term
monitoring indicates that the soil and the groundwater at the Site do
not pose a threat to public health or welfare or the environment. EPA's
ROD determined that because the actions taken at the Site removed the
potential for risks to human health and the environment, these actions
meet EPA clean-up standards, and no further action is required. EPA's
ROD also determined that Site conditions allow for unlimited use and
unrestricted exposure.
EPA reviewed the historical groundwater data from the Site in 2013
when preparing to delete the Site from the NPL. During this review, EPA
determined that the drinking water standard for TCE was, in fact, not
being met throughout the plume. This standard would have to be achieved
throughout the plume before the Site could be deleted from the NPL. EPA
raised this issue with MPCA.
MPCA contracted the Antea Group (Antea) to re-install two
groundwater monitoring wells at the Site to address this issue. Antea
re-installed nested groundwater monitoring well B4R in the glacial
outwash/St. Peter Sandstone upper aquifer and W13R in the Prairie du
Chien lower aquifer in 2014 to confirm that the MCL was attained in the
on-Site plume. Antea sampled the groundwater during 15 sampling events
from August 2014 to November 2016. Antea sampled lower aquifer well
W13R during all 15 sampling events and upper aquifer well B4R during
the first 11 events under EPA direction.
The analytical results from all 11 sampling events from B4R showed
TCE concentrations below the cleanup level of 5 ppb. The analytical
results from the first seven W13R sampling events showed TCE levels
below 10 ppb, with the final eight sampling events under the cleanup
level of 5 ppb. Because the last eight consecutive groundwater sampling
events at the Site show that the TCE cleanup level of 5 ppb is being
[[Page 44532]]
met throughout the plume, EPA's requirements for Site closeout are
achieved. No additional groundwater monitoring is required.
MPCA tasked Antea to conduct additional sampling to assess whether
there was any potential risk from soil vapor intrusion in 2015. Antea
advanced five soil gas probes to depths of six to eight feet below
ground surface around the northwest corner of the Site downgradient of
the former disposal pit. The analytical results were below the
screening values for all constituents on the Minnesota Soil Gas List
and total hydrocarbons. These results indicate that the risk for vapor
intrusion is minimal and that additional vapor intrusion actions are
not necessary.
Operation and Maintenance
This Site does not require any operation and maintenance (O&M)
activities. Site soil and groundwater meet all cleanup objectives and
no further remedial action or O&M is required. The MPCA will
permanently abandon the re-installed monitoring wells, which are no
longer needed for the collection of groundwater data.
Nutting executed an Environmental Covenant and Easement at the Site
on October 28, 2008. The MPCA required this institutional control as
part of the State delisting requirement from the State PLP. The
covenant provides additional and enforceable protection of public
health and the environment, as it provides that: (1) No wells can be
installed on the property without the approval of the MPCA; (2) all
monitoring and extraction wells have been properly abandoned as a
condition of the Environmental Covenant; (3) the property owner is
required to report to the MPCA on an annual basis that conditions at
the Site remain consistent with land use prescribed in the zoning
requirements; and (4) any proposed changes in land use require that
MPCA be notified to determine if the changes will adversely affect the
protectiveness of the completed remedy. It should be noted that this
covenant is not required by EPA.
Five Year Reviews
MPCA conducted five-year reviews (FYRs) of the Site in 1994, 1998,
2003 and 2008. MPCA conducted the last FYR of the Site in 2008. MPCA's
2008 FYR concluded that the remedial actions at the Site were
protective of human health and the environment in the short-term, and
that long-term protectiveness would be achieved when the groundwater
cleanup standards were attained and the State-required institutional
controls were in place. The Site-wide remedy protects human health and
the environment because exposure pathways that could result in
unacceptable risks have been controlled through the completed remedial
activities.
MPCA deleted the Site from the State PLP in 2009. EPA's 2010 ROD
determined that all appropriate MERLA response actions, which parallel
CERCLA response actions, have been completed. Long-term monitoring
indicates that the soil and groundwater at the Site do not pose a
threat to public health or welfare or the environment. EPA's 2010 ROD
does not require subsequent FYRs since Site conditions allow for
unlimited use and unrestricted exposure. EPA, MPCA, Antea and the Site
property owner conducted a final inspection at the Site on November 15,
2016. EPA completed a Final Close Out Report for the Site on April 11,
2017.
Community Involvement
EPA and MPCA satisfied public participation activities as required
in CERCLA Section 113(k), 42 U.S.C. 9613(k), and CERCLA Section 117, 42
U.S.C. 9617. MPCA published notifications announcing the FYR and
inviting the public to comment and express their concerns about the
Site in the Faribault Daily News at the start of the 1994, 1998, 2003
and 2008 FYRs. EPA published a document about its proposed no further
action plan for the Site, the 30-day public comment period, and the
availability of a public meeting, if requested, in the Faribault Daily
News in 2010. EPA mailed a proposed plan fact sheet with information
about the Site and announcing a 30-day public comment period to the
addresses on the Site mailing list prior to issuing its final decision
in the 2010 ROD. EPA did not receive any comments during the public
comment period or any requests for a public meeting.
EPA published a document announcing this proposed Direct Final
Deletion in the Faribault Daily News prior to publishing this deletion
in the Federal Register. Documents in the deletion docket which EPA
relied on for recommending the deletion of this Site from the NPL are
available to the public in the information repositories and at https://www.regulations.gov.
Determination That the Site Meets the Criteria for Deletion in the NCP
This Site meets all of the site completion requirements as
specified in Office of Solid Waste and Emergency Response (OSWER)
Directive 9320.2-22, Close Out Procedures for National Priorities List
Sites. All cleanup actions specified in the RAP have been implemented,
and the Site has achieved the RAP cleanup objectives or has been
cleaned up to acceptable risk levels for all media and exposure
pathways as noted in the 2010 EPA ROD. The RAOs and associated clean-up
goals are consistent with Agency policy and guidance. Confirmation
groundwater sampling and soil vapor results provide further assurance
that the Site no longer poses a threat to human health or the
environment. Therefore, the EPA has determined that no further
Superfund response is necessary at the Site to protect human health and
the environment.
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 Minnesota, has determined that all
required response actions have been implemented and no further response
action by the responsible parties is appropriate.
V. Deletion Action
EPA, with concurrence from the State of Minnesota through the MPCA,
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 direct final
deletion is effective November 24, 2017 unless EPA receives adverse
comments by October 25, 2017. 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 substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, and Water supply.
Dated: August 21, 2017.
Robert A. Kaplan,
Acting Regional Administrator, Region 5.
For the reasons stated in the preamble, 40 CFR part 300 is amended
as follows:
[[Page 44533]]
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626,
77 FR 56749, 3 CFR, 2013 Comp., p. 306; 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 to Part 300 [Amended]
0
2. Table 1 of Appendix B to part 300 is amended by removing the entry
``MN'', ``Nutting Truck & Caster Co'', ``Faribault''.
[FR Doc. 2017-20348 Filed 9-22-17; 8:45 am]
BILLING CODE 6560-50-P
