National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Vasquez Boulevard and I-70 Superfund Site, 49479-49480 [2019-19994]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Rules and Regulations response to a petition submitted to the Agency. The Office of Management and Budget (OMB) has exempted these types of actions from review under Executive Order 12866, entitled ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993). Because this action has been exempted from review under Executive Order 12866, this action is not subject to Executive Order 13211, entitled ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001); Executive Order 13045, entitled ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997); or Executive Order 13771, entitled ‘‘Reducing Regulations and Controlling Regulatory Costs’’ (82 FR 9339, February 3, 2017). This action does not contain any information collections subject to OMB approval under the Paperwork Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any special considerations 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 tolerance 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 VerDate Sep<11>2014 15:59 Sep 19, 2019 Jkt 247001 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). 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). 49479 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1999–0010; FRL–9999– 76–Region 8] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Vasquez Boulevard and I–70 Superfund Site Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) Region 8 announces the deletion of the operable unit 1 (OU1) of the Vasquez Boulevard and I–70 Superfund Site (Site) located in the City and County of Denver, CO, from the National Priorities List (NPL). The NPL, List of Subjects in 40 CFR Part 180 promulgated pursuant to section 105 of the Comprehensive Environmental Environmental protection, Response, Compensation, and Liability Administrative practice and procedure, Act (CERCLA) of 1980, as amended, is Agricultural commodities, Pesticides an appendix of the National Oil and and pests, Reporting and recordkeeping Hazardous Substances Pollution requirements. Contingency Plan (NCP). This partial deletion pertains only to OU1, the Dated: August 8, 2019. residential portion of the Site. The Michael Goodis, operable unit 2 (OU2) and operable unit Director, Registration Division, Office of 3 (OU3) will remain on the NPL and are Pesticide Programs. not being considered for deletion as part Therefore, 40 CFR chapter I is of this action. The EPA and the State of amended as follows: Colorado, through the Colorado Department of Public Health and PART 180—[AMENDED] Environment (CDPHE), have determined that all appropriate response actions ■ 1. The authority citation for part 180 under CERCLA, other than operation continues to read as follows: and maintenance, monitoring and fiveyear reviews, have been completed. Authority: 21 U.S.C. 321(q), 346a and 371. However, the deletion of these parcels does not preclude future actions under ■ 2. In § 180.603, add alphabetically the Superfund. entry ‘‘Persimmon’’ to the table in DATES: This action is effective paragraph (a)(1) to read as follows: September 20, 2019. § 180.603 Dinotefuran; tolerances for ADDRESSES: EPA has established a residues. docket for this action under Docket Identification No. EPA–HQ–SFUND– (a) * * * 1999–0010. All documents in the docket Parts per are listed on the https:// Commodity million www.regulations.gov website. Although listed in the index, some information is not publicly available, I.e., Confidential * * * * * Business Information or other Persimmon 1 .......................... 2 information whose disclosure is restricted by statute. Certain other * * * * * material, such as copyrighted material, 1 There are no U.S. registrations for use of is not placed on the internet and will be dinotefuran on this commodity. publicly available only in hard copy form. Publicly available docket * * * * * materials are available electronically [FR Doc. 2019–18015 Filed 9–19–19; 8:45 am] through https://www.regulations.gov or BILLING CODE 6560–50–P in hard copy at the site information repositories. Locations, contacts, phone numbers and viewing hours are: U.S. PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 SUMMARY: E:\FR\FM\20SER1.SGM 20SER1 49480 Federal Register / Vol. 84, No. 183 / Friday, September 20, 2019 / Rules and Regulations Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, CO, Monday to Friday, 9:00 a.m. to 4:00 p.m., and; Valdez-Perry Branch Library, 4690 Vine Street, Denver, CO 80216, (720) 865–0300, Monday and Wednesday 12:00 p.m.–8 p.m., Tuesday, Thursday and Friday 10:00 a.m.–6:00 p.m., Saturday 9:00 a.m.–5:00 p.m., closed on Sunday. FOR FURTHER INFORMATION CONTACT: Jesse Avile´s, Remedial Project Manager, U.S. Environmental Protection Agency, Region 8, SEMD–RBS, Denver, CO 80202, email: aviles.jesse@epa.gov. SUPPLEMENTARY INFORMATION: The portion of the site to be deleted from the NPL is: the residential portion of the site, identified as OU1, of the Vasquez Boulevard and I–70 Superfund Site, Denver CO. A Notice of Intent for Partial Deletion for this Site was published in the Federal Register (84 FR 2116) on February 6, 2019. The closing date for comments on the Notice of Intent for Partial Deletion originally was March 8, 2019; this date was extended to April 8, 2019 on www.regulations.gov, by email to interested community members, at public meetings, and by publication of notices in local newspapers. Twentyseven public comments were received and expressed concerns about non- List of Subjects in 40 CFR Part 300 Superfund projects in the area, the extent of the remedy, and the source of the contaminants. The non-Superfund projects in the area are overseen by other agencies. The properties that were remediated under the Superfund process do not have additional restrictions placed on them. EPA investigations identified possible sources of contamination and the residential properties that needed cleanup. The remedy implemented removed the contaminants associated with the site. Institutional controls are in place for those properties that did not provide access to sample or cleanup. A responsiveness summary was prepared and placed in both the docket, EPA– HQ–SFUND–1999–0010, 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 of a site 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 portions of a site from the NPL does not affect responsible party liability, in the unlikely event that future conditions warrant further actions. Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: September 3, 2019. Gregory E. Sopkin, Regional Administrator, Region 8. 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. 2. Table 1 of appendix B to part 300 is amended by revising the entry for ‘‘CO’’, ‘‘Vasquez Boulevard and I–70’’, ‘‘Denver’’ to read as follows: ■ Appendix B to Part 300—National Priorities List TABLE 1—GENERAL SUPERFUND SECTION State Site name City/county * * CO ............................................ * * * Vasquez Boulevard and I–70 ................................................... * Denver .................................... * * * * * * Notes (a) * P. * (a) Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater than or equal to 28.50). * * * * * * * P = Sites with partial deletion(s). * * * * * [FR Doc. 2019–19994 Filed 9–19–19; 8:45 am] ENVIRONMENTAL PROTECTION AGENCY BILLING CODE 6560–50–P 40 CFR Part 300 khammond on DSKJM1Z7X2PROD with RULES [EPA–HQ–SFUND–2000–0007; FRL–9999– 63–Region 8] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Intermountain Waste Oil Refinery Superfund Site Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) Region 8 announces the SUMMARY: VerDate Sep<11>2014 15:59 Sep 19, 2019 Jkt 247001 PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 deletion of the Intermountain Waste Oil Refinery Superfund Site (Site) located in Bountiful, Salt Lake County, Utah, 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 Utah, through the Utah Department of Environmental Quality (UDEQ), have determined that all appropriate response actions under CERCLA, other than operation and maintenance, and five-year reviews, have been completed. However, this E:\FR\FM\20SER1.SGM 20SER1

Agencies

[Federal Register Volume 84, Number 183 (Friday, September 20, 2019)]
[Rules and Regulations]
[Pages 49479-49480]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-19994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1999-0010; FRL-9999-76-Region 8]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Vasquez Boulevard and 
I-70 Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 8 announces 
the deletion of the operable unit 1 (OU1) of the Vasquez Boulevard and 
I-70 Superfund Site (Site) located in the City and County of Denver, 
CO, 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 partial deletion pertains only to OU1, the 
residential portion of the Site. The operable unit 2 (OU2) and operable 
unit 3 (OU3) will remain on the NPL and are not being considered for 
deletion as part of this action. The EPA and the State of Colorado, 
through the Colorado Department of Public Health and Environment 
(CDPHE), have determined that all appropriate response actions under 
CERCLA, other than operation and maintenance, monitoring and five-year 
reviews, have been completed. However, the deletion of these parcels 
does not preclude future actions under Superfund.

DATES: This action is effective September 20, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-HQ-SFUND-1999-0010. 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 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.

[[Page 49480]]

Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, 
CO, Monday to Friday, 9:00 a.m. to 4:00 p.m., and; Valdez-Perry Branch 
Library, 4690 Vine Street, Denver, CO 80216, (720) 865-0300, Monday and 
Wednesday 12:00 p.m.-8 p.m., Tuesday, Thursday and Friday 10:00 a.m.-
6:00 p.m., Saturday 9:00 a.m.-5:00 p.m., closed on Sunday.

FOR FURTHER INFORMATION CONTACT: Jesse Avil[eacute]s, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 8, SEMD-RBS, 
Denver, CO 80202, email: [email protected].

SUPPLEMENTARY INFORMATION: The portion of the site to be deleted from 
the NPL is: the residential portion of the site, identified as OU1, of 
the Vasquez Boulevard and I-70 Superfund Site, Denver CO. A Notice of 
Intent for Partial Deletion for this Site was published in the Federal 
Register (84 FR 2116) on February 6, 2019.
    The closing date for comments on the Notice of Intent for Partial 
Deletion originally was March 8, 2019; this date was extended to April 
8, 2019 on www.regulations.gov, by email to interested community 
members, at public meetings, and by publication of notices in local 
newspapers. Twenty-seven public comments were received and expressed 
concerns about non-Superfund projects in the area, the extent of the 
remedy, and the source of the contaminants. The non-Superfund projects 
in the area are overseen by other agencies. The properties that were 
remediated under the Superfund process do not have additional 
restrictions placed on them. EPA investigations identified possible 
sources of contamination and the residential properties that needed 
cleanup. The remedy implemented removed the contaminants associated 
with the site. Institutional controls are in place for those properties 
that did not provide access to sample or cleanup. A responsiveness 
summary was prepared and placed in both the docket, EPA-HQ-SFUND-1999-
0010, 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 of a site 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 portions 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: September 3, 2019.
 Gregory E. Sopkin,
Regional Administrator, Region 8.

    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.

0
2. Table 1 of appendix B to part 300 is amended by revising the entry 
for ``CO'', ``Vasquez Boulevard and I-70'', ``Denver'' to read as 
follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
                 State                             Site name                   City/county           Notes (a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
CO....................................  Vasquez Boulevard and I-70....  Denver..................              P.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(a) Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be greater than or equal to 28.50).
 * * * * * * *
P = Sites with partial deletion(s).

* * * * *
[FR Doc. 2019-19994 Filed 9-19-19; 8:45 am]
 BILLING CODE 6560-50-P
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