National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the South Valley Superfund Site, 49675-49676 [2019-20193]

Download as PDF Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations [FR Doc. 2019–20129 Filed 9–20–19; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1983–0002; FRL–9999– 95–Region 6] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the South Valley Superfund Site Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Environmental Protection Agency (EPA) Region 6 announces the deletion of Operable Units 1, 2, and 5 of the South Valley Superfund Site (Site) located in Albuquerque, New Mexico, 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 to Operable Units 1, 2, and 5. Operable Units 3, 4, and 6 will remain on the NPL and are not being considered for deletion as part of this action. The EPA and the State of New Mexico, through the New Mexico Environment Department, have determined that all appropriate response actions under CERCLA, other than operation and maintenance and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund. DATES: This action is effective September 23, 2019. ADDRESSES: EPA has established a docket for this action under Docket Identification No. EPA–HQ–SFUND– 1983–0002. 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 jbell on DSK3GLQ082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:27 Sep 20, 2019 Jkt 247001 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: Zimmerman Library, Government Information Department University of New Mexico, Albuquerque NM 87131, 505.277.9100, Monday–Thursday—7 a.m.– 2 a.m., Friday—7 a.m.–9 p.m., Saturday—10 a.m.–6 p.m., Sunday— 12 p.m.–2 a.m. New Mexico Environment Department, Harold Runnels Building, 1190 St. Francis Drive, Santa Fe, NM 87505, 505.827.2855, Monday–Friday 8 a.m.– 5 p.m. FOR FURTHER INFORMATION CONTACT: Michael A. Hebert, Remedial Project Manager, U.S. Environmental Protection Agency, Region 6, Mailcode—SEDRL, 1201 Elm Street, Dallas, Texas 75270– 2102, 214–665–8315, email: hebert.michael@epa.gov. SUPPLEMENTARY INFORMATION: The portion of the site to be deleted from the NPL is: Operable Units 1, 2, and 5 of the South Valley Superfund Site, Albuquerque, New Mexico. A Notice of Intent for Partial Deletion for this Site was published in the Federal Register (83 FR 36838) on July 31, 2018. The closing date for comments on the Notice of Intent for Partial Deletion was August 30, 2018. Based upon comments, the EPA conducted an informational meeting on December 11, 2018, in Albuquerque, New Mexico, to provide information to the public concerning the proposed partial deletion. Subsequently, the EPA reopened the public comment period published in the Federal Register (84 FR 33721) on July 15, 2019. The closing date for comments from the reopened comment period was August 14, 2019. All comments received since the July 31, 2018, Notice of Intent for Partial Deletion were considered by the EPA. Thirty-four comments, generally addressing the partial deletion process, were received during two public comment periods. The comments did not contain information indicating that the response actions for Operable Units 1, 2, and 5 did not meet the Site remedy decision requirements, or that these portions of the Site do not otherwise PO 00000 Frm 00041 Fmt 4700 Sfmt 4700 49675 satisfy EPA criteria for partial deletion (included in Section 300.425(e) of the NCP and consistent with the Notice of Policy Change: Partial Deletion of Sites Listed on the NPL, 60 FR 55466 (Nov. 1, 1995)). Therefore, the EPA has determined that Operable Units 1, 2, and 5, will be deleted from the National Priorities List. A responsiveness summary was prepared and placed in both the docket, EPA–HQ–SFUND– 1983–0002, 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 10, 2019. Ken McQueen, Regional Administrator, Region 6. 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 ‘‘NM, South Valley’’ to read as follows: ■ Appendix B to Part 300—National Priorities List E:\FR\FM\23SER1.SGM 23SER1 49676 Federal Register / Vol. 84, No. 184 / Monday, September 23, 2019 / Rules and Regulations TABLE 1—GENERAL SUPERFUND SECTION State Site name City/county * * NM ............................................................ * * South Valley ............................................. * * Albuquerque ............................................. * * * * * * 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. 2019–20193 Filed 9–20–19; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF HOMELAND SECURITY Federal Emergency Management Agency 44 CFR Part 64 [Docket ID FEMA–2019–0003; Internal Agency Docket No. FEMA–8597] Suspension of Community Eligibility Federal Emergency Management Agency, DHS. ACTION: Final rule. AGENCY: This rule identifies communities where the sale of flood insurance has been authorized under the National Flood Insurance Program (NFIP) that are scheduled for suspension on the effective dates listed within this rule because of noncompliance with the floodplain management requirements of the program. If the Federal Emergency Management Agency (FEMA) receives documentation that the community has adopted the required floodplain management measures prior to the effective suspension date given in this rule, the suspension will not occur and a notice of this will be provided by publication in the Federal Register on a subsequent date. Also, information identifying the current participation status of a community can be obtained from FEMA’s Community Status Book (CSB). The CSB is available at https:// www.fema.gov/national-floodinsurance-program-community-statusbook. SUMMARY: The effective date of each community’s scheduled suspension is the third date (‘‘Susp.’’) listed in the third column of the following tables. FOR FURTHER INFORMATION CONTACT: If you want to determine whether a particular community was suspended jbell on DSK3GLQ082PROD with RULES DATES: VerDate Sep<11>2014 16:27 Sep 20, 2019 Jkt 247001 on the suspension date or for further information, contact Adrienne L. Sheldon, PE, CFM, Federal Insurance and Mitigation Administration, Federal Emergency Management Agency, 400 C Street SW, Washington, DC 20472, (202) 212–3966. SUPPLEMENTARY INFORMATION: The NFIP enables property owners to purchase Federal flood insurance that is not otherwise generally available from private insurers. In return, communities agree to adopt and administer local floodplain management measures aimed at protecting lives and new construction from future flooding. Section 1315 of the National Flood Insurance Act of 1968, as amended, 42 U.S.C. 4022, prohibits the sale of NFIP flood insurance unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed in this document no longer meet that statutory requirement for compliance with program regulations, 44 CFR part 59. Accordingly, the communities will be suspended on the effective date in the third column. As of that date, flood insurance will no longer be available in the community. We recognize that some of these communities may adopt and submit the required documentation of legally enforceable floodplain management measures after this rule is published but prior to the actual suspension date. These communities will not be suspended and will continue to be eligible for the sale of NFIP flood insurance. A notice withdrawing the suspension of such communities will be published in the Federal Register. In addition, FEMA publishes a Flood Insurance Rate Map (FIRM) that identifies the Special Flood Hazard Areas (SFHAs) in these communities. The date of the FIRM, if one has been published, is indicated in the fourth column of the table. No direct Federal financial assistance (except assistance pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act not in connection with a PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 flood) may be provided for construction or acquisition of buildings in identified SFHAs for communities not participating in the NFIP and identified for more than a year on FEMA’s initial FIRM for the community as having flood-prone areas (section 202(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. 4106(a), as amended). This prohibition against certain types of Federal assistance becomes effective for the communities listed on the date shown in the last column. The Administrator finds that notice and public comment procedures under 5 U.S.C. 553(b), are impracticable and unnecessary because communities listed in this final rule have been adequately notified. Each community receives 6-month, 90-day, and 30-day notification letters addressed to the Chief Executive Officer stating that the community will be suspended unless the required floodplain management measures are met prior to the effective suspension date. Since these notifications were made, this final rule may take effect within less than 30 days. National Environmental Policy Act. FEMA has determined that the community suspension(s) included in this rule is a non-discretionary action and therefore the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) does not apply. Regulatory Flexibility Act. The Administrator has determined that this rule is exempt from the requirements of the Regulatory Flexibility Act because the National Flood Insurance Act of 1968, as amended, Section 1315, 42 U.S.C. 4022, prohibits flood insurance coverage unless an appropriate public body adopts adequate floodplain management measures with effective enforcement measures. The communities listed no longer comply with the statutory requirements, and after the effective date, flood insurance will no longer be available in the communities unless remedial action takes place. Regulatory Classification. This final rule is not a significant regulatory action E:\FR\FM\23SER1.SGM 23SER1

Agencies

[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49675-49676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20193]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9999-95-Region 6]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the South Valley 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces 
the deletion of Operable Units 1, 2, and 5 of the South Valley 
Superfund Site (Site) located in Albuquerque, New Mexico, 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 to Operable Units 1, 2, and 5. Operable 
Units 3, 4, and 6 will remain on the NPL and are not being considered 
for deletion as part of this action. The EPA and the State of New 
Mexico, through the New Mexico Environment Department, have determined 
that all appropriate response actions under CERCLA, other than 
operation and maintenance and five-year reviews, have been completed. 
However, this partial deletion does not preclude future actions under 
Superfund.

DATES: This action is effective September 23, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-HQ-SFUND-1983-0002. 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:

Zimmerman Library, Government Information Department University of New 
Mexico, Albuquerque NM 87131, 505.277.9100, Monday-Thursday--7 a.m.- 2 
a.m., Friday--7 a.m.-9 p.m., Saturday--10 a.m.-6 p.m., Sunday--12 p.m.-
2 a.m.
New Mexico Environment Department, Harold Runnels Building, 1190 St. 
Francis Drive, Santa Fe, NM 87505, 505.827.2855, Monday-Friday 8 a.m.-5 
p.m.

FOR FURTHER INFORMATION CONTACT: Michael A. Hebert, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 6, Mailcode--
SEDRL, 1201 Elm Street, Dallas, Texas 75270-2102, 214-665-8315, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The portion of the site to be deleted from 
the NPL is: Operable Units 1, 2, and 5 of the South Valley Superfund 
Site, Albuquerque, New Mexico. A Notice of Intent for Partial Deletion 
for this Site was published in the Federal Register (83 FR 36838) on 
July 31, 2018.
    The closing date for comments on the Notice of Intent for Partial 
Deletion was August 30, 2018. Based upon comments, the EPA conducted an 
informational meeting on December 11, 2018, in Albuquerque, New Mexico, 
to provide information to the public concerning the proposed partial 
deletion. Subsequently, the EPA reopened the public comment period 
published in the Federal Register (84 FR 33721) on July 15, 2019. The 
closing date for comments from the reopened comment period was August 
14, 2019. All comments received since the July 31, 2018, Notice of 
Intent for Partial Deletion were considered by the EPA. Thirty-four 
comments, generally addressing the partial deletion process, were 
received during two public comment periods. The comments did not 
contain information indicating that the response actions for Operable 
Units 1, 2, and 5 did not meet the Site remedy decision requirements, 
or that these portions of the Site do not otherwise satisfy EPA 
criteria for partial deletion (included in Section 300.425(e) of the 
NCP and consistent with the Notice of Policy Change: Partial Deletion 
of Sites Listed on the NPL, 60 FR 55466 (Nov. 1, 1995)). Therefore, the 
EPA has determined that Operable Units 1, 2, and 5, will be deleted 
from the National Priorities List. A responsiveness summary was 
prepared and placed in both the docket, EPA-HQ-SFUND-1983-0002, 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 10, 2019.
 Ken McQueen,
Regional Administrator, Region 6.

    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 ``NM, South Valley'' to read as follows:

Appendix B to Part 300--National Priorities List

[[Page 49676]]



                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
                State                        Site name               City/county                Notes \a\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
NM..................................  South Valley...........  Albuquerque............  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. 2019-20193 Filed 9-20-19; 8:45 am]
 BILLING CODE 6560-50-P
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