National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Hatheway & Patterson Superfund Site, 6981-6982 [2018-03275]

Download as PDF Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations under Executive Order 12898, entitled ‘‘Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations’’ (59 FR 7629, February 16, 1994). Since tolerances and exemptions that are established on the basis of a petition under FFDCA section 408(d), such as the tolerances in this final rule, do not require the issuance of a proposed rule, the requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.), do not apply. This action directly regulates growers, food processors, food handlers, and food retailers, not States or tribes, nor does this action alter the relationships or distribution of power and responsibilities established by Congress in the preemption provisions of FFDCA section 408(n)(4). As such, the Agency has determined that this action will not have a substantial direct effect on States or tribal governments, on the relationship between the national government and the States or tribal governments, or on the distribution of power and responsibilities among the various levels of government or between the Federal Government and Indian tribes. Thus, the Agency has determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). daltland on DSKBBV9HB2PROD with RULES VII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides VerDate Sep<11>2014 17:46 Feb 15, 2018 Jkt 244001 and pests, Reporting and recordkeeping requirements. ACTION: 6981 Final rule. The Environmental Protection Agency (EPA) Region 1 announces the deletion of the Hatheway & Patterson Superfund Site (Site) located in Mansfield and Foxborough, Massachusetts, from the National Therefore, 40 CFR chapter I is Priorities List (NPL). The NPL, amended as follows: promulgated pursuant to section 105 of PART 180—[AMENDED] the Comprehensive Environmental Response, Compensation, and Liability ■ 1. The authority citation for part 180 Act (CERCLA) of 1980, as amended, is continues to read as follows: an appendix of the National Oil and Hazardous Substances Pollution Authority: 21 U.S.C. 321(q), 346a and 371. Contingency Plan (NCP). The EPA and ■ 2. In § 180.361: the Commonwealth of Massachusetts, ■ a. Revise the introductory text of through the Massachusetts Department paragraph (a)(1). of Environmental Protection (MassDEP), ■ b. Revise the entries for ‘‘Alfalfa, have determined that all appropriate forage’’; and ‘‘Alfalfa, hay’’ in the table response actions under CERCLA, other in paragraph (a)(1). than operation and maintenance, The revisions read as follows: monitoring, and five-year reviews, have been completed. However, this deletion § 180.361 Pendimethalin; tolerances for residues. does not preclude future actions under Superfund. (a)(1) General. Tolerances are established for residues of the herbicide DATES: This action is effective February pendimethalin, including its 16, 2018. metabolites and degradates, in or on the ADDRESSES: Docket: EPA has established commodities. Compliance with the a docket for this action under Docket tolerance levels specified in the Identification No. EPA–HQ–SFUND– following table below is to be 2002–0001. All documents in the docket determined by measuring only the sum are listed on the https:// of pendimethalin, [N-(1-ethylpropyl)www.regulations.gov website. Although 3,4-dimethyl-2,6-dinitrobenzenamine] listed in the index, some information is and its metabolite, 4-[(1not publicly available, i.e., Confidential ethylpropyl)amino]-2-methyl-3,5Business Information or other dinitrobenzyl alcohol, calculated as the information whose disclosure is stoichiometric equivalent of restricted by statute. Certain other pendimethalin, in or on the commodity. material, such as copyrighted material, is not placed on the internet and will be Parts publicly available only in hard copy Commodity per form. Publicly available docket million materials are available either Alfalfa, forage ........................... 80 electronically through https:// Alfalfa, hay ................................ 150 www.regulations.gov or in hard copy at the site information repositories. * * * * * Locations, contacts, phone numbers and viewing hours are: * * * * * U.S. EPA Region 1, Superfund [FR Doc. 2018–03277 Filed 2–15–18; 8:45 am] Records Center, 5 Post Office Square, BILLING CODE 6560–50–P Suite 100, Boston, MA 02109, Phone: 617–918–1440, Monday–Friday: 9:00 a.m.–5:00 p.m., Saturday and Sunday— ENVIRONMENTAL PROTECTION Closed. AGENCY FOR FURTHER INFORMATION CONTACT: Kimberly White, Remedial Project 40 CFR Part 300 Manager, U.S. Environmental Protection [EPA–HQ–SFUND–2002–0001; FRL–9974– Agency, Region 1, OSRR07–1, Boston, 43—Region 1] MA 02109–3912, (617) 918–1752, email: white.kimberly@epa.gov. National Oil and Hazardous SUPPLEMENTARY INFORMATION: The site to Substances Pollution Contingency be deleted from the NPL is: Hatheway Plan; National Priorities List: Deletion & Patterson Superfund Site, Mansfield of the Hatheway & Patterson and Foxborough, Massachusetts. A Superfund Site notification of deletion for this Site was AGENCY: Environmental Protection published in the Federal Register (82 Agency. FR 56939) on December 1, 2017. Dated: January 30, 2018. Daniel J. Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs. PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 SUMMARY: E:\FR\FM\16FER1.SGM 16FER1 daltland on DSKBBV9HB2PROD with RULES 6982 Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations The closing date for comments on the notification of deletion was January 2, 2018. Six (6) public comments were received and three of the comments questioned whether EPA completed what is required under CERCLA and whether deletion of the Site was appropriate; the remaining three comments did not articulate a position on the proposed deletion. As a result of the comments, EPA published a notification of withdrawal of the direct final rule in the Federal Register (83 FR 4431) on January 31, 2018, withdrawing the direct final deletion for the Site and announcing it would evaluate and respond to the significant comments and, if appropriate, proceed with the traditional two-step deletion process. After consideration of the comments received, EPA concluded that the deletion of the Site is still appropriate. Based on EPA’s evaluation of the data, the remedy protects human health and the environment because remediation of the soil (soil removal and on-site consolidation) has been completed to cleanup levels that are considered protective for the anticipated future use of the property, there is no current use of on-site groundwater which is classified as non-potable, and institutional controls are in place. Operation and maintenance activities are on-going and will ensure that the consolidation area and associated components of the remedy (e.g., groundwater monitoring wells) remain in good condition. In addition, monitoring of groundwater will continue to assess the protectiveness of the remedy. Monitoring data collected as part of the operation and maintenance plan for the Site will continue to be collected for the foreseeable future and the data will be continuously evaluated. The data will be reported as part of the next FiveYear Review scheduled for 2019. During the Five-Year Review, EPA will evaluate whether the remedy remains protective. If additional actions are warranted, EPA will implement those actions. A responsiveness summary was prepared which addresses all comments received on the deletion and provides further rationale that the deletion is appropriate. The responsiveness summary may be viewed in both the docket, EPA–HQ–SFUND–2002–0001, on www.regulations.gov, and in the local repositories listed above. EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Deletion from the NPL does not preclude further remedial action. Whenever there is a significant release from a site deleted from the NPL, VerDate Sep<11>2014 17:46 Feb 15, 2018 Jkt 244001 the deleted site may be restored to the NPL without application of the hazard ranking system. Deletion of a site from the NPL does not affect responsible party liability in the unlikely event that future conditions warrant further actions. 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: January 29, 2018. Alexandra Dapolito Dunn, Regional Administrator Region 1. For reasons set out in the preamble, 40 CFR part 300 is amended as follows: 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 ‘‘MA’’, ‘‘Hatheway and Patterson Company’’, ‘‘Mansfield’’. ■ [FR Doc. 2018–03275 Filed 2–15–18; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 [Docket No. 160920866–7167–02] RIN 0648–XF891 Fisheries of the Exclusive Economic Zone Off Alaska; Pacific Cod by Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Central Regulatory Area of the Gulf of Alaska (GOA). This action SUMMARY: PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 is necessary to prevent exceeding the A season allowance of the 2018 Pacific cod total allowable catch apportioned to vessels using pot gear in the Central Regulatory Area of the GOA. DATES: Effective 1200 hours, Alaska local time (A.l.t.), February 14, 2018, through 1200 hours, A.l.t., June 10, 2018. FOR FURTHER INFORMATION CONTACT: Obren Davis, 907–586–7228. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the GOA exclusive economic zone according to the Fishery Management Plan for Groundfish of the Gulf of Alaska (FMP) prepared by the North Pacific Fishery Management Council under authority of the MagnusonStevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. Regulations governing sideboard protections for GOA groundfish fisheries appear at subpart B of 50 CFR part 680. The A season allowance of the 2018 Pacific cod total allowable catch (TAC) apportioned to vessels using pot gear in the Central Regulatory Area of the GOA is 1,075 metric tons (mt), as established by the final 2017 and 2018 harvest specifications for groundfish of the GOA (82 FR 12032, February 27, 2017) and inseason adjustment (82 FR 60327, December 20, 2017). In accordance with § 679.20(d)(1)(i), the Administrator, Alaska Region, NMFS (Regional Administrator) has determined that the A season allowance of the 2018 Pacific cod TAC apportioned to vessels using pot gear in the Central Regulatory Area of the GOA will soon be reached. Therefore, the Regional Administrator is establishing a directed fishing allowance of 1,065 mt and is setting aside the remaining 10 mt as bycatch to support other anticipated groundfish fisheries. In accordance with § 679.20(d)(1)(iii), the Regional Administrator finds that this directed fishing allowance has been reached. Consequently, NMFS is prohibiting directed fishing for Pacific cod by vessels using pot gear in the Central Regulatory Area of the GOA. After the effective date of this closure the maximum retainable amounts at § 679.20(e) and (f) apply at any time during a trip. Classification This action responds to the best available information recently obtained from the fishery. The Assistant Administrator for Fisheries, NOAA E:\FR\FM\16FER1.SGM 16FER1

Agencies

[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6981-6982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-03275]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2002-0001; FRL-9974-43--Region 1]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Hatheway & Patterson 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 1 announces 
the deletion of the Hatheway & Patterson Superfund Site (Site) located 
in Mansfield and Foxborough, Massachusetts, 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). The EPA and 
the Commonwealth of Massachusetts, through the Massachusetts Department 
of Environmental Protection (MassDEP), have determined that all 
appropriate response actions under CERCLA, other than operation and 
maintenance, monitoring, and five-year reviews, have been completed. 
However, this deletion does not preclude future actions under 
Superfund.

DATES:  This action is effective February 16, 2018.

ADDRESSES: Docket: EPA has established a docket for this action under 
Docket Identification No. EPA-HQ-SFUND-2002-0001. All documents in the 
docket are listed on the https://www.regulations.gov website. Although 
listed in the index, some information is not publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. 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. EPA Region 1, Superfund Records Center, 5 Post Office Square, 
Suite 100, Boston, MA 02109, Phone: 617-918-1440, Monday-Friday: 9:00 
a.m.-5:00 p.m., Saturday and Sunday--Closed.

FOR FURTHER INFORMATION CONTACT: Kimberly White, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 1, OSRR07-1, 
Boston, MA 02109-3912, (617) 918-1752, email: [email protected].

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: 
Hatheway & Patterson Superfund Site, Mansfield and Foxborough, 
Massachusetts. A notification of deletion for this Site was published 
in the Federal Register (82 FR 56939) on December 1, 2017.

[[Page 6982]]

    The closing date for comments on the notification of deletion was 
January 2, 2018. Six (6) public comments were received and three of the 
comments questioned whether EPA completed what is required under CERCLA 
and whether deletion of the Site was appropriate; the remaining three 
comments did not articulate a position on the proposed deletion. As a 
result of the comments, EPA published a notification of withdrawal of 
the direct final rule in the Federal Register (83 FR 4431) on January 
31, 2018, withdrawing the direct final deletion for the Site and 
announcing it would evaluate and respond to the significant comments 
and, if appropriate, proceed with the traditional two-step deletion 
process.
    After consideration of the comments received, EPA concluded that 
the deletion of the Site is still appropriate. Based on EPA's 
evaluation of the data, the remedy protects human health and the 
environment because remediation of the soil (soil removal and on-site 
consolidation) has been completed to cleanup levels that are considered 
protective for the anticipated future use of the property, there is no 
current use of on-site groundwater which is classified as non-potable, 
and institutional controls are in place. Operation and maintenance 
activities are on-going and will ensure that the consolidation area and 
associated components of the remedy (e.g., groundwater monitoring 
wells) remain in good condition. In addition, monitoring of groundwater 
will continue to assess the protectiveness of the remedy. Monitoring 
data collected as part of the operation and maintenance plan for the 
Site will continue to be collected for the foreseeable future and the 
data will be continuously evaluated. The data will be reported as part 
of the next Five- Year Review scheduled for 2019. During the Five-Year 
Review, EPA will evaluate whether the remedy remains protective. If 
additional actions are warranted, EPA will implement those actions. A 
responsiveness summary was prepared which addresses all comments 
received on the deletion and provides further rationale that the 
deletion is appropriate. The responsiveness summary may be viewed in 
both the docket, EPA-HQ-SFUND-2002-0001, on www.regulations.gov, and in 
the local repositories listed above.
    EPA maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. 
Deletion from the NPL does not preclude further remedial action. 
Whenever there is a significant release from a site deleted from the 
NPL, the deleted site may be restored to the NPL without application of 
the hazard ranking system. Deletion of a site from the NPL does not 
affect responsible party liability in the unlikely event that future 
conditions warrant further actions.

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: January 29, 2018.
Alexandra Dapolito Dunn,
Regional Administrator Region 1.

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

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 ``MA'', 
``Hatheway and Patterson Company'', ``Mansfield''.

[FR Doc. 2018-03275 Filed 2-15-18; 8:45 am]
BILLING CODE 6560-50-P
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