National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Ordnance Works Disposal Areas Superfund Site, 42224-42225 [2018-18032]

Download as PDF 42224 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.); • does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4); • does not have Federalism implications as specified in Executive Order 13132 (64 FR 43255, August 10, 1999); • is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 FR 19885, April 23, 1997); • is not a significant regulatory action subject to Executive Order 13211 (66 FR 28355, May 22, 2001); • is not subject to requirements of Section 12(d) of the National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and • will not have disproportionate human health or environmental effects under Executive Order 12898 (59 FR 7629, February 16, 1994). This final redesignation action is not approved to apply to any Indian reservation land or in any other area where EPA or an Indian tribe has demonstrated that a tribe has jurisdiction. In those areas of Indian country, the rule does not have tribal implications as specified by Executive Order 13175 (65 FR 67249, November 9, 2000), nor will it impose substantial direct costs on tribal governments or preempt tribal law. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. EPA will submit a report containing this action 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. A major rule cannot take effect until 60 days after it is published in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Under section 307(b)(1) of the CAA, petitions for judicial review of this action must be filed in the United States Court of Appeals for the appropriate circuit by October 22, 2018. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. See section 307(b)(2). List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, National parks, Wilderness areas. Dated: August 8, 2018. Onis ‘‘Trey’’ Glenn, III Regional Administrator, Region 4. 40 CFR part 81 is amended as follows: PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 1. The authority citation for part 81 continues to read as follows: ■ Authority: 42.U.S.C. 7401, et seq. 2. In § 81.301, the table entitled ‘‘Alabama-2006 24-Hour PM2.5 NAAQS (Primary and secondary)’’ is amended by revising the entry for ‘‘Etowah County’’ to read as follows: ■ § 81.301 * * Alabama. * * * ALABAMA-2006 24-HOUR PM2.5 NAAQS [Primary and secondary] Designation a Classification Designation area Date 1 * * Etowah County ........................... * Type Date Type * August 21, 2018 ......................... * * Unclassifiable/Attainment ........... * .............................. * .............................. * * * * * * a Includes 1 This * * Indian Country located in each county or area, except as otherwise specified. date is 30 days after November 13, 2009, unless otherwise noted. * * * [FR Doc. 2018–18034 Filed 8–20–18; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY BILLING CODE 6560–50–P 40 CFR Part 300 sradovich on DSK3GMQ082PROD with RULES [EPA–HQ–SFUND–1986–0005; FRL–9982– 57—Region 3] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Ordnance Works Disposal Areas Superfund Site Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) Region 3 announces the SUMMARY: VerDate Sep<11>2014 16:40 Aug 20, 2018 Jkt 244001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 deletion of the Ordnance Works Disposal Areas Superfund Site (Site) located in Morgantown, West Virginia, 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 State of West Virginia, through the West Virginia Department of Environmental Protection (WVDEP), have determined that all appropriate response actions under CERCLA, other than operation and maintenance, E:\FR\FM\21AUR1.SGM 21AUR1 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations monitoring, and five-year reviews have been completed. However, this deletion does not preclude future actions under Superfund. This action is effective August 21, 2018. DATES: Docket: EPA has established a docket for this action under Docket Identification No. EPA–HQ–SFUND– 1986–0005. All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., Confidential Business Information or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in the hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at: U.S. EPA Region III, Superfund Records Center, 6th Floor, 1650 Arch Street, Philadelphia, PA 19103–2029; (215) 814–3157, Monday through Friday 8:00 a.m. to 5:00 p.m. Morgantown Public Library, 373 Spruce Street, Morgantown, WV 26505; (304) 291–7425, Monday through Saturday 9:00 a.m. to 4:00 p.m. ADDRESSES: List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: July 31, 2018. Cosmo Servidio, Regional Administrator, U.S. Environmental Protection Agency Region 3. 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 ‘‘WV’’, ‘‘Ordnance Works Disposal Areas’’, ‘‘Morgantown’’. ■ [FR Doc. 2018–18032 Filed 8–20–18; 8:45 am] FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P Jeffrey Thomas, Remedial Project Manager, U.S. Environmental Protection Agency, Region 3, 3HS23 1650 Arch Street Philadelphia, PA 19103, (215) 814–3377, email thomas.jeffrey@ epa.gov. DEPARTMENT OF HEALTH AND HUMAN SERVICES The site to be deleted from the NPL is: Ordnance Works Disposal Areas, Morgantown, West Virginia. A Notice of Intent to Delete for this Site was published in the Federal Register 83 FR 28586 on June 20, 2018. The closing date for comments on the Notice of Intent to Delete was July 20, 2018. No public comments were received and EPA believes the deletion action remains appropriate. 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. Administration for Children and Families sradovich on DSK3GMQ082PROD with RULES SUPPLEMENTARY INFORMATION: VerDate Sep<11>2014 16:40 Aug 20, 2018 Jkt 244001 45 CFR Part 1355 RIN 0970–AC76 Adoption and Foster Care Analysis and Reporting System Children’s Bureau (CB); Administration on Children, Youth and Families (ACYF); Administration for Children and Families (ACF); Department of Health and Human Services (HHS). ACTION: Final rule; delay of compliance and effective dates. AGENCY: The Children’s Bureau will delay the compliance and effective dates in the Adoption and Foster Care Analysis and Reporting System (AFCARS) 2016 final rule for title IV–E agencies to comply with agency rules for an additional one fiscal year. We are delaying the effective date due to our advanced notice of proposed rulemaking (ANPRM), published on March 15, 2018, seeking public SUMMARY: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 42225 comment on suggestions for streamlining the AFCARS data elements and removing any undue burden related to reporting AFCARS data. DATES: This rule is effective on August 21, 2018. As of August 21, 2018, the effective date for amendatory instructions 3 and 5, published December 14, 2016 at 81 FR 90524, is delayed to October 1, 2020. FOR FURTHER INFORMATION CONTACT: Kathleen McHugh, Division of Policy, Children’s Bureau at (202) 401–5789, CBComments@acf.hhs.gov. SUPPLEMENTARY INFORMATION: In the AFCARS final rule issued on December 14, 2016 (81 FR 90524), ACF provided an implementation timeframe of two fiscal years for title IV–E agencies to comply with §§ 1355.41 through 1355.47 (81 FR 90529). On February 24, 2017, the President issued Executive Order 13777 entitled ‘‘Enforcing the Regulatory Reform Agenda’’. In response to the President’s direction that federal agencies establish a Regulatory Reform Task Force to review existing regulations and make recommendations regarding their repeal, replacement, or modification, the HHS Task Force identified the AFCARS regulation as one where there may be areas for reducing reporting burden. On March 15, 2018, ACF published a notice of proposed rulemaking (NPRM) proposing to revise the effective date in the regulation to provide an additional two fiscal years to comply with §§ 1355.41 through 1355.47 (83 FR 11450). The comment period ended on April 16, 2018. In response to the NPRM, we received 43 comments from 12 states, six Indian tribes or consortia, three organizations representing tribal interests, and 22 other organizations and anonymous entities. The analysis of the comments may be found in the sectionby-section discussion of this final rule. Based on our analysis of the comments, in this final rule ACF revised § 1355.40 to provide an additional fiscal year to comply with §§ 1355.41 through 1355.47. This also serves as a notice to title IV–E agencies that we are delaying the implementation timeframe for title IV–E agencies to make revisions to their systems to comply with §§ 1355.41 through 1355.47. ACF finds good cause for these amendments to become effective on the date of publication of this action. The APA allows an effective date less than 30 days after publication as ‘‘provided by the agency for good cause found and published with the rule’’ (5 U.S.C. 553(d)(3)). A delayed effective date is unnecessary in this case because, as stated above, any delay might lead to E:\FR\FM\21AUR1.SGM 21AUR1

Agencies

[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Rules and Regulations]
[Pages 42224-42225]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-18032]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-9982-57--Region 3]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Ordnance Works Disposal Areas 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 3 announces 
the deletion of the Ordnance Works Disposal Areas Superfund Site (Site) 
located in Morgantown, West Virginia, 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 
State of West Virginia, through the West Virginia Department of 
Environmental Protection (WVDEP), have determined that all appropriate 
response actions under CERCLA, other than operation and maintenance,

[[Page 42225]]

monitoring, and five-year reviews have been completed. However, this 
deletion does not preclude future actions under Superfund.

DATES: This action is effective August 21, 2018.

ADDRESSES: Docket: EPA has established a docket for this action under 
Docket Identification No. EPA-HQ-SFUND-1986-0005. All documents in the 
docket are listed in the https://www.regulations.gov index. Although 
listed in the index, some information is not publicly available, e.g., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in the hard copy. Publicly 
available docket materials are available either electronically in 
https://www.regulations.gov or in hard copy at:
    U.S. EPA Region III, Superfund Records Center, 6th Floor, 1650 Arch 
Street, Philadelphia, PA 19103-2029; (215) 814-3157, Monday through 
Friday 8:00 a.m. to 5:00 p.m.
    Morgantown Public Library, 373 Spruce Street, Morgantown, WV 26505; 
(304) 291-7425, Monday through Saturday 9:00 a.m. to 4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Jeffrey Thomas, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 3, 3HS23 1650 
Arch Street Philadelphia, PA 19103, (215) 814-3377, email 
[email protected].

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: 
Ordnance Works Disposal Areas, Morgantown, West Virginia. A Notice of 
Intent to Delete for this Site was published in the Federal Register 83 
FR 28586 on June 20, 2018.
    The closing date for comments on the Notice of Intent to Delete was 
July 20, 2018. No public comments were received and EPA believes the 
deletion action remains appropriate.
    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: July 31, 2018.
Cosmo Servidio,
Regional Administrator, U.S. Environmental Protection Agency Region 3.

    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 ``WV'', 
``Ordnance Works Disposal Areas'', ``Morgantown''.

[FR Doc. 2018-18032 Filed 8-20-18; 8:45 am]
BILLING CODE 6560-50-P


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