National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Southeast Rockford Groundwater Contamination Superfund Site, 37615-37617 [2020-12793]
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Federal Register / Vol. 85, No. 121 / Tuesday, June 23, 2020 / Proposed Rules
(v) Step 3. Because none of I’s parking
spaces in its parking facilities in city X are
exclusively reserved for nonemployees, there
is no amount to be specifically allocated to
reserved nonemployee spaces under
paragraph (d)(2)(ii)(B)(3) of this section.
(vi) Step 4. I must reasonably determine
the use of the remaining parking spaces and
the related expenses allocable to employee
parking for its parking facilities in city X.
Because the number of available parking
spaces used by I’s employees during the peak
demand period in city X during an average
workday is 8,000, I reasonably determines
that 84.2% (8,000/9,500 = 84.2%) of I’s
remaining parking expense or $39,900
(($50,000¥$2,500) × 84% = $39,900) is
subject to the section 274(a)(4) disallowance
under paragraph (d)(2)(ii)(B)(4) of this
section.
(10) Example 10. (i) Taxpayer J, a
manufacturer, owns a parking facility and
incurs mixed parking expenses along with
other parking expenses. J uses the special
rule in paragraph (c)(1) of this section to
allocate 5% of certain mixed parking
expenses to its parking facility. Applying the
special rule, J determines that it incurred
$100,000 of total parking expenses in 2020.
J’s parking facility has 500 spaces that are
used by its visitors and employees. The
number of available parking spaces used by
J’s employees during the peak demand period
is 475.
(ii) J uses the cost per space methodology
described in paragraph (d)(2)(ii)(C) of this
section to determine the amount of parking
expenses that are disallowed under section
274(a)(4). Under this methodology, J
multiples the cost per space by the number
of available parking spaces used by J’s
employees during the peak demand period.
J calculates the cost per space by dividing
total parking expenses by the number of
parking spaces ($100,000/500 = $200). J
determines that $95,000 ($200 × 475 =
$95,000) of J’s total parking expenses is
subject to the section 274(a)(4) disallowance
and none of the exceptions in section 274(e)
or paragraph (e) of this section are applicable.
(g) Applicability date. This section
applies for taxable years that begin on
or after [date final rule is published in
the Federal Register].
jbell on DSKJLSW7X2PROD with PROPOSALS
§ 1.274–14 Disallowance of deductions for
certain transportation and commuting
benefit expenditures.
(a) General rule. Except as provided in
this section, no deduction is allowed for
any expense incurred for providing any
transportation, or any payment or
reimbursement, to an employee of the
taxpayer in connection with travel
between the employee’s residence, as
defined in § 1.121–1(b)(1), and place of
employment. Travel between the
employee’s residence and place of
employment includes travel that
originates at a transportation hub near
the employee’s residence or place of
employment. For example, an employee
who commutes to work by airplane from
an airport near the employee’s residence
VerDate Sep<11>2014
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to an airport near the employee’s place
of employment is traveling between the
residence and place of employment.
These transportation and commuting
expenses do not include any
expenditure of any qualified
transportation fringe (as defined in
section 132(f)) provided to an employee
of the taxpayer. All qualified
transportation fringe expenses are
required to be analyzed under section
274(a)(4) and § 1.274–13.
(b) Exception. The disallowance for
the deduction for expenses incurred for
providing any transportation or
commuting in paragraph (a) of this
section does not apply if the
transportation or commuting expense is
necessary for ensuring the safety of the
employee. The transportation or
commuting expense is necessary for
ensuring the safety of the employee if a
bona fide business-oriented security
concern, as described in § 1.132–5(m),
exists for the employee.
(c) Applicability date. This section
applies for taxable years that begin on
or after [date final rule is published in
the Federal Register].
Sunita Lough,
Deputy Commissioner for Services and
Enforcement.
[FR Doc. 2020–13506 Filed 6–19–20; 4:15 pm]
BILLING CODE 4830–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0008; FRL–10010–
39–Region 5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Southeast Rockford
Groundwater Contamination
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notification of
intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 5 is issuing a
Notification of Intent to Delete Source
Area 4 of Operable Unit 3 (OU3) of the
Southeast Rockford Groundwater
Contamination Superfund Site located
in Rockford, Illinois, from the National
Priorities List (NPL) and requests public
comments on this proposed action. The
NPL, promulgated pursuant to Section
105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
SUMMARY:
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37615
(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 Illinois, through the Illinois
Environmental Protection Agency
(IEPA), have determined that all
appropriate response actions under
CERCLA have been completed for
Source Area 4. However, this deletion
does not preclude future actions under
Superfund.
DATES: Comments must be received by
July 23, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–1989–0008, by one of the
following methods:
https://www.regulations.gov. Follow
the on-line instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. 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. 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://
www.epa.gov/dockets/commenting-epadockets.
Email: Deletions@
usepa.onmicrosoft.com.
Written comments submitted by mail
are temporarily suspended and no hand
deliveries will be accepted. We
encourage the public to submit
comments via email or at https://
www.regulations.gov.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1989–
0008. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
E:\FR\FM\23JNP1.SGM
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37616
Federal Register / Vol. 85, No. 121 / Tuesday, June 23, 2020 / Proposed Rules
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov website is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
special characters, any form of
encryption, and be free of any defects or
viruses.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index, Docket ID
No. EPA–HQ–SFUND–1989–0008.
Although listed in the index, some
information is not publicly available,
e.g., CBI or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, will be publicly
available only in hard copy. Publicly
available docket materials are available
electronically at https://
www.regulations.gov, Docket ID No.
EPA–HQ–SFUND–1989–0008 and at
https://www.epa.gov/superfund/
southeast-rockford-groundwater or you
may contact the person identified in the
jbell on DSKJLSW7X2PROD with PROPOSALS
FOR FURTHER INFORMATION CONTACT
section for additional availability
information.
The EPA is temporarily suspending
its Docket Center and Regional Records
Centers for public visitors to reduce the
risk of transmitting COVID–19. In
addition, many site information
repositories are closed and information
in these repositories, including the
deletion docket, has not been updated
with hardcopy or electronic media. For
further information and updates on EPA
Docket Center services, please visit us
online at https://www.epa.gov/dockets.
The EPA continues to carefully and
continuously monitor information from
the Centers for Disease Control and
Prevention (CDC), local area health
departments, and our Federal partners
so that we can respond rapidly as
conditions change regarding COVID–19.
VerDate Sep<11>2014
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FOR FURTHER INFORMATION CONTACT:
Karen Cibulskis, NPL Deletion
Coordinator, U.S. Environmental
Protection Agency Region 5, at (312)
886–1843 or via email at
cibulskis.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
EPA Region 5 announces its intent to
delete Source Area 4 of OU3 of the
Southeast Rockford Groundwater
Contamination Superfund Site
(SERGWC Site or Site) from the NPL
and requests public comment on this
proposed action. The NPL constitutes
Appendix B of 40 CFR part 300, which
is the NCP, which EPA promulgated
pursuant to Section 105 of CERCLA of
1980, 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 40 CFR 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. The other portions
of the SERGWC Site, including Operable
Unit 1—Municipal Water Supply,
Operable Unit 2—Groundwater, and the
other source areas in OU3, are not being
considered for deletion as part of this
action and will remain on the NPL.
EPA will accept comments on its
proposal to delete Source Area 4 of OU3
of the SERGWC Site from the NPL for
thirty (30) days after publication of this
document in the Federal Register.
Section II of this document explains
the criteria for deleting sites from the
NPL. Section III of this document
discusses the procedures that EPA is
using for this action. Section IV of this
document discusses where to access and
review information that demonstrates
how the deletion criteria have been met
for Source Area 4 of OU3 of the
SERGWC Site.
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, or portions thereof, 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
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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.
Pursuant to CERCLA Section 121(c)
and the NCP, EPA conducts five-year
reviews to ensure the continued
protectiveness of remedial actions
where hazardous substances, pollutants,
or contaminants remain at a site above
levels that allow for unlimited use and
unrestricted exposure. EPA conducts
such five-year reviews even if a site or
a portion of a site is deleted from the
NPL. EPA may initiate further action to
ensure continued protectiveness at a
deleted site if new information becomes
available that indicates it is appropriate.
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.
III. Deletion Procedures
The following procedures apply to
deletion of Source Area 4 of OU3 of the
SERGWC Site from the NPL:
(1) EPA consulted with the State of
Illinois prior to developing this
Notification of Intent for Partial
Deletion.
(2) EPA has provided the State thirty
(30) working days for review of this
notification prior to publication of it
today.
(3) In accordance with the criteria
discussed above, EPA has determined
that no further response is appropriate
for Source Area 4 of OU3 of the
SERGWC Site.
(4) The State of Illinois, through the
IEPA, concurred with deletion of Source
Area 4 of OU3 of the SERGWC Site from
the NPL on May 8, 2020.
(5) Concurrently with the publication
of this Notification of Intent for Partial
Deletion in the Federal Register, an
announcement of the availability of the
Notification of Intent for Partial Deletion
is being published in a major local
newspaper, the Rockford Register Star.
The newspaper notice announces the
30-day public comment period
concerning the Notification of Intent for
Partial Deletion of the SERGWC Site
from the NPL.
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Federal Register / Vol. 85, No. 121 / Tuesday, June 23, 2020 / Proposed Rules
(6) EPA placed copies of documents
supporting the proposed partial deletion
in the deletion docket and made these
items available for public inspection
and copying at https://
www.regulations.gov, Docket ID No.
EPA–HQ–SFUND–1989–0008 and at
https://www.epa.gov/superfund/
southeast-rockford-groundwater.
If comments are received within the
30-day public comment period on this
document, EPA will evaluate and
respond appropriately to the comments
before making a final decision to delete
Source Area 4 of OU3 of the SERGWC
Site from the NPL. If necessary, EPA
will prepare a Responsiveness Summary
to address any significant public
comments received. After the public
comment period, if EPA determines it is
still appropriate to delete Source Area 4
of OU3 of the SERGWC Site from the
NPL, the EPA will publish a final
Notification of Partial Deletion in the
Federal Register. Public notices, public
submissions, and copies of the
Responsiveness Summary, if prepared,
will be made available to interested
parties and in the docket listed above.
Deletion of a portion of a site from the
NPL does not itself create, alter, or
revoke any individual’s rights or
obligations. Deletion of a portion 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
or a portion of a site from the NPL does
not preclude eligibility for future
response actions, should future
conditions warrant such actions.
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IV. Basis for Intended Partial Site
Deletion
The EPA placed copies of a SiteSpecific Justification for the Partial
Deletion of Source Area 4 from the
National Priorities List and other
documents supporting the proposed
partial deletion in the deletion docket.
The material provides explanation of
EPA’s rationale for the partial deletion
and demonstrates how Source Area 4 of
OU3 of the SERGWC Site meets the
deletion criteria. This information is
made available for public inspection in
the docket identified above.
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, Water supply.
VerDate Sep<11>2014
16:46 Jun 22, 2020
Jkt 250001
Authority: 33 U.S.C. 1251 et seq.; 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.
Dated: June 9, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020–12793 Filed 6–22–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1989–0008; FRL–10010–
65–Region 5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Douglass Road/
Uniroyal, Inc. Landfill Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notification of
intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 5 is issuing a
Notification of Intent to Delete the
OU1—Landfill Cap Area of the Douglass
[sic] Road/Uniroyal, Inc. Landfill
Superfund Site (Douglas Road Site or
Site) located in Mishawaka, Indiana,
from the National Priorities List (NPL)
and requests public comments on this
proposed action. 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 Indiana, through the Indiana
Department of Environmental
Management (IDEM), have determined
that all appropriate response actions
under CERCLA, other than operation
and maintenance, monitoring, and fiveyear reviews, have been completed.
However, this deletion does not
preclude future actions under
Superfund.
SUMMARY:
Comments must be received by
July 23, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–1989–0008, by one of the
following methods:
https://www.regulations.gov. Follow
the on-line instructions for submitting
comments. Once submitted, comments
cannot be edited or removed from
Regulations.gov. EPA may publish any
DATES:
PO 00000
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37617
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. 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://
www.epa.gov/dockets/commenting-epadockets.
Email: Deletions@
usepa.onmicrosoft.com.
Written comments submitted by mail
are temporarily suspended and no hand
deliveries will be accepted. We
encourage the public to submit
comments via email or at https://
www.regulations.gov.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–SFUND–1989–
0008. EPA’s policy is that all comments
received will be included in the public
docket without change and may be
made available online at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through https://
www.regulations.gov or email. The
https://www.regulations.gov website is
an ‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an email comment directly
to EPA without going through https://
www.regulations.gov, your email
address will be automatically captured
and included as part of the comment
that is placed in the public docket and
made available on the internet. If you
submit an electronic comment, EPA
recommends that you include your
name and other contact information in
the body of your comment and with any
disk or CD–ROM you submit. If EPA
cannot read your comment due to
technical difficulties and cannot contact
you for clarification, EPA may not be
able to consider your comment.
Electronic files should avoid the use of
E:\FR\FM\23JNP1.SGM
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]]>Agencies
[Federal Register Volume 85, Number 121 (Tuesday, June 23, 2020)]
[Proposed Rules]
[Pages 37615-37617]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-12793]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1989-0008; FRL-10010-39-Region 5]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Southeast Rockford
Groundwater Contamination Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notification of intent.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 5 is issuing
a Notification of Intent to Delete Source Area 4 of Operable Unit 3
(OU3) of the Southeast Rockford Groundwater Contamination Superfund
Site located in Rockford, Illinois, from the National Priorities List
(NPL) and requests public comments on this proposed action. 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 Illinois, through the
Illinois Environmental Protection Agency (IEPA), have determined that
all appropriate response actions under CERCLA have been completed for
Source Area 4. However, this deletion does not preclude future actions
under Superfund.
DATES: Comments must be received by July 23, 2020.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1989-0008, by one of the following methods:
https://www.regulations.gov. Follow the on-line instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. 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. 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://www.epa.gov/dockets/commenting-epa-dockets.
Email: [email protected].
Written comments submitted by mail are temporarily suspended and no
hand deliveries will be accepted. We encourage the public to submit
comments via email or at https://www.regulations.gov.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1989-0008. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
https://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise
[[Page 37616]]
protected through https://www.regulations.gov or email. The https://www.regulations.gov website is an ``anonymous access'' system, which
means EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an email comment
directly to EPA without going through https://www.regulations.gov, your
email address will be automatically captured and included as part of
the comment that is placed in the public docket and made available on
the internet. If you submit an electronic comment, EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
Docket: All documents in the docket are listed in the https://www.regulations.gov index, Docket ID No. EPA-HQ-SFUND-1989-0008.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically at https://www.regulations.gov, Docket ID No. EPA-HQ-SFUND-1989-0008 and at
https://www.epa.gov/superfund/southeast-rockford-groundwater or you may
contact the person identified in the FOR FURTHER INFORMATION CONTACT
section for additional availability information.
The EPA is temporarily suspending its Docket Center and Regional
Records Centers for public visitors to reduce the risk of transmitting
COVID-19. In addition, many site information repositories are closed
and information in these repositories, including the deletion docket,
has not been updated with hardcopy or electronic media. For further
information and updates on EPA Docket Center services, please visit us
online at https://www.epa.gov/dockets.
The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our Federal partners so that we can respond
rapidly as conditions change regarding COVID-19.
FOR FURTHER INFORMATION CONTACT: Karen Cibulskis, NPL Deletion
Coordinator, U.S. Environmental Protection Agency Region 5, at (312)
886-1843 or via email at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
EPA Region 5 announces its intent to delete Source Area 4 of OU3 of
the Southeast Rockford Groundwater Contamination Superfund Site (SERGWC
Site or Site) from the NPL and requests public comment on this proposed
action. The NPL constitutes Appendix B of 40 CFR part 300, which is the
NCP, which EPA promulgated pursuant to Section 105 of CERCLA of 1980,
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
40 CFR 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. The other portions of the SERGWC Site, including
Operable Unit 1--Municipal Water Supply, Operable Unit 2--Groundwater,
and the other source areas in OU3, are not being considered for
deletion as part of this action and will remain on the NPL.
EPA will accept comments on its proposal to delete Source Area 4 of
OU3 of the SERGWC Site from the NPL for thirty (30) days after
publication of this document in the Federal Register.
Section II of this document explains the criteria for deleting
sites from the NPL. Section III of this document discusses the
procedures that EPA is using for this action. Section IV of this
document discusses where to access and review information that
demonstrates how the deletion criteria have been met for Source Area 4
of OU3 of the SERGWC Site.
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, or portions
thereof, 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.
Pursuant to CERCLA Section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions
where hazardous substances, pollutants, or contaminants remain at a
site above levels that allow for unlimited use and unrestricted
exposure. EPA conducts such five-year reviews even if a site or a
portion of a site is deleted from the NPL. EPA may initiate further
action to ensure continued protectiveness at a deleted site if new
information becomes available that indicates it is appropriate.
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.
III. Deletion Procedures
The following procedures apply to deletion of Source Area 4 of OU3
of the SERGWC Site from the NPL:
(1) EPA consulted with the State of Illinois prior to developing
this Notification of Intent for Partial Deletion.
(2) EPA has provided the State thirty (30) working days for review
of this notification prior to publication of it today.
(3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate for Source Area 4 of
OU3 of the SERGWC Site.
(4) The State of Illinois, through the IEPA, concurred with
deletion of Source Area 4 of OU3 of the SERGWC Site from the NPL on May
8, 2020.
(5) Concurrently with the publication of this Notification of
Intent for Partial Deletion in the Federal Register, an announcement of
the availability of the Notification of Intent for Partial Deletion is
being published in a major local newspaper, the Rockford Register Star.
The newspaper notice announces the 30-day public comment period
concerning the Notification of Intent for Partial Deletion of the
SERGWC Site from the NPL.
[[Page 37617]]
(6) EPA placed copies of documents supporting the proposed partial
deletion in the deletion docket and made these items available for
public inspection and copying at https://www.regulations.gov, Docket ID
No. EPA-HQ-SFUND-1989-0008 and at https://www.epa.gov/superfund/southeast-rockford-groundwater.
If comments are received within the 30-day public comment period on
this document, EPA will evaluate and respond appropriately to the
comments before making a final decision to delete Source Area 4 of OU3
of the SERGWC Site from the NPL. If necessary, EPA will prepare a
Responsiveness Summary to address any significant public comments
received. After the public comment period, if EPA determines it is
still appropriate to delete Source Area 4 of OU3 of the SERGWC Site
from the NPL, the EPA will publish a final Notification of Partial
Deletion in the Federal Register. Public notices, public submissions,
and copies of the Responsiveness Summary, if prepared, will be made
available to interested parties and in the docket listed above.
Deletion of a portion of a site from the NPL does not itself
create, alter, or revoke any individual's rights or obligations.
Deletion of a portion 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 or a portion of a site from the NPL does not preclude
eligibility for future response actions, should future conditions
warrant such actions.
IV. Basis for Intended Partial Site Deletion
The EPA placed copies of a Site-Specific Justification for the
Partial Deletion of Source Area 4 from the National Priorities List and
other documents supporting the proposed partial deletion in the
deletion docket. The material provides explanation of EPA's rationale
for the partial deletion and demonstrates how Source Area 4 of OU3 of
the SERGWC Site meets the deletion criteria. This information is made
available for public inspection in the docket identified above.
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, Water supply.
Authority: 33 U.S.C. 1251 et seq.; 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.
Dated: June 9, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020-12793 Filed 6-22-20; 8:45 am]
BILLING CODE 6560-50-P
