National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Tulsa Fuel and Manufacturing Superfund Site, 43193-43195 [2020-14652]
Download as PDF
<![CDATA[
Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Proposed Rules
announces the 30-day public comment
period concerning the Notice of Intent
for Partial Deletion of the Fort Wayne
Reduction Site from the NPL.
(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–1986–0005 and on
the EPA’s Fort Wayne Reduction Site
web page at https://www.epa.gov/
superfund/fort-wayne-dump.
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
OU1 and OU2 of the Fort Wayne
Reduction 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 OU1 and OU2 of
the Fort Wayne Reduction Site from the
NPL, the EPA will publish a final Notice
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 Partial Site Deletion
The EPA placed copies of a SiteSpecific Justification for the Partial
Deletion from the NPL of Operable
Units 1 and 2 (Capped Landfill Areas),
Fort Wayne Reduction Dump Superfund
Site 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
OU1 and OU2 of the Fort Wayne
Reduction Site meet the NPL deletion
criteria. This information is made
available for public inspection in the
docket at the locations identified above.
VerDate Sep<11>2014
17:19 Jul 15, 2020
Jkt 250001
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: July 10, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
[FR Doc. 2020–15344 Filed 7–15–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1990–0013; FRL–10011–
27–Region 6]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Tulsa Fuel and Manufacturing
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 6 is issuing a
Notice of Intent to Delete Tulsa Fuel and
Manufacturing Superfund Site (Site)
located 1 and 1⁄3 miles south of downton
Collinsville, Oklahoma, 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 Oklahoma, through the
Oklahoma Department of Environmental
Quality, 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.
SUMMARY:
Comments must be received by
August 17, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
DATES:
PO 00000
Frm 00041
Fmt 4702
Sfmt 4702
43193
SFUND–1990–0013, by one of the
following methods:
• https://www.regulations.gov.
Follow on-line instructions for
submitting comments. Once submitted,
comments cannot be edited or removed
from Regulations.gov. The 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. The 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://www2.epa.gov/dockets/
commenting-epa-dockets.
• Email: torres.michael@epa.gov.
• Written comments submitted by
mail are temporarily suspended and no
hand deliveries will be accepted. We
encourage the public to submit
comments via https://
www.regulations.gov.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–1990–
0013. 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
E:\FR\FM\16JYP1.SGM
16JYP1
43194
Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Proposed Rules
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. 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 the
hard copy. Publicly available docket
materials are available electronically in
https://www.regulations.gov.
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.
FOR FURTHER INFORMATION CONTACT:
Michael Torres, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 6, Superfund and
Emergency Management Division (R6
SED–RL); 1201 Elm Street, Suite 500;
Dallas, Texas 75270, (214) 665–2108,
email torres.michael@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
I. Introduction
EPA Region 6 announces its intent to
delete the Tulsa Fuel and
Manufacturing Superfund Site from the
National Priorities List (NPL) and
requests public comment on this
proposed action. The NPL constitutes
Appendix B of 40 CFR part 300 which
is the National Oil and Hazardous
Substances Pollution Contingency Plan
(NCP), which EPA promulgated
pursuant to section 105 of the
Comprehensive Environmental
VerDate Sep<11>2014
17:19 Jul 15, 2020
Jkt 250001
Response, Compensation and Liability
Act (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 Fundfinanced remedial actions if future
conditions warrant such actions.
EPA will accept comments on the
proposal to delete this site for thirty (30)
days after publication of this document
in the Federal Register.
Section II of this preamble explains
the criteria for deleting sites from the
NPL. Section III of this preamble
discusses procedures that EPA is using
for this action. Section IV of this
preamble discusses where to access and
review information that demonstrates
how the deletion criteria have been met
at the Tulsa Fuel and Manufacturing
Superfund 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 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 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
PO 00000
Frm 00042
Fmt 4702
Sfmt 4702
application of the hazard ranking
system.
III. Deletion Procedures
The following procedures apply to
deletion of the Site:
(1) EPA consulted with the State
before developing this Notice of Intent
to Delete.
(2) EPA has provided the state 30
working days for review of this action
prior to publication of it today.
(3) In accordance with the criteria
discussed above, EPA has determined
that no further response is appropriate.
(4) The State of Oklahoma, through
the Oklahoma Department of
Environmental Quality, has concurred
with deletion of the Site from the NPL.
(5) Concurrently with the publication
of this Notice of Intent to Delete in the
Federal Register, a notice is being
published in a major local newspaper,
the Tulsa World. The newspaper notice
announces the 30-day public comment
period concerning the Notice of Intent
to Delete the site from the NPL.
(6) The EPA placed copies of
documents supporting the proposed
deletion in the deletion docket and
made these items available for public
inspection and copying at the Site
information repositories identified
above.
If comments are received within the
30-day public comment period on this
action, EPA will evaluate and respond
appropriately to the comments before
making a final decision to delete. 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 the Site, the
Regional Administrator will publish a
final Notice of 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 site information
repositories listed above.
Deletion of a site from the NPL does
not itself create, alter, or revoke any
individual’s rights or obligations.
Deletion 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 from the NPL does not preclude
eligibility for future response actions,
should future conditions warrant such
actions.
E:\FR\FM\16JYP1.SGM
16JYP1
Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Proposed Rules
IV. Basis for Site Deletion
The EPA placed copies of documents
supporting the proposed deletion in the
deletion docket. The material provides
explanation of EPA’s rationale for the
deletion and demonstrates how it 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
waste, Hazardous substances,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1251 et seq.
Dated: July 1, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020–14652 Filed 7–15–20; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket Nos. 20–145; FCC 20–73; FRS
16851]
Promoting Broadcast Internet
Innovation Through ATSC 3.0
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the
Commission seeks comment on the
extent to which we should clarify or
modify our existing rules in order to
further promote the deployment by
television broadcasters of new,
innovative ancillary and supplementary
services, which we refer to as
‘‘Broadcast Internet,’’ as part of the
transition to ATSC 3.0. We first seek
comment generally on potential uses of
the new technological capability from
ATSC 3.0 and any existing regulatory
barriers to deployment. We then
consider specifically whether any
changes or clarifications are needed to
the ancillary and supplementary service
fee rules and the rules defining
derogation of service and analogous
services. A Declaratory Ruling relating
to the broadcast ancillary and
supplementary service rules is
published elsewhere in this issue of the
Federal Register.
DATES: Comments due on or before
August 17, 2020; reply comments due
on or before August 31, 2020.
SUMMARY:
VerDate Sep<11>2014
17:19 Jul 15, 2020
You may send comments,
by any of the following methods:
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://apps.fcc.gov/
ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number. Filings can be sent by
commercial overnight courier, or by
first-class or overnight U.S. Postal
Service mail. All filings must be
addressed to the Commission’s
Secretary, Office of the Secretary,
Federal Communications Commission.
Commercial overnight mail (other than
U.S. Postal Service Express Mail and
Priority Mail) must be sent to 9050
Junction Drive, Annapolis Junction, MD
20701.U.S. Postal Service first-class,
Express, and Priority mail must be
addressed to 445 12th Street, SW,
Washington DC 20554. Effective March
19, 2020, and until further notice, the
Commission no longer accepts any hand
or messenger delivered filings. This is a
temporary measure taken to help protect
the health and safety of individuals, and
to mitigate the transmission of COVID–
19.
FOR FURTHER INFORMATION CONTACT: For
additional information on this
proceeding, contact John Cobb,
John.Cobb@fcc.gov of the Policy
Division, Media Bureau, (202) 418–
2120.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Notice of
Proposed Rulemaking (NPRM), MB
Docket Nos. 20–145; FCC 20–73,
adopted and released on June 9, 2020.
A summary of the Declaratory Ruling
adopted concurrently relating to the
broadcast ancillary and supplementary
service rules is published elsewhere in
this issue of the Federal Register. The
full text of this document is available for
public inspection and copying during
regular business hours in the FCC
Reference Center, Federal
Communications Commission, 445 12th
Street SW, CY–A257, Washington, DC,
20554. The full text of this document
will also be available via ECFS (https://
www.fcc.gov/cgb/ecfs/). (Documents
will be available electronically in ASCII,
Word, and/or Adobe Acrobat.) The
complete text may be purchased from
the Commission’s copy contractor, 445
12th Street SW, Room CY–B402,
Washington, DC 20554. To request these
documents in accessible formats
(computer diskettes, large print, audio
ADDRESSES:
Jkt 250001
PO 00000
Frm 00043
Fmt 4702
Sfmt 4702
43195
recording, and Braille), send an email to
fcc504@fcc.gov or call the Commission’s
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice), (202)
418–0432 (TTY).
Synopsis
The United States is transitioning to
a new era of connectivity. From
innovative 5G offerings to high-capacity
fixed services and an entirely new
generation of low-earth orbit satellites,
providers from previously distinct
sectors are competing like never before
to offer high-speed internet services
through a mix of different technologies.
The Commission has been executing on
a plan to identify and remove the
overhang of unnecessary government
regulations that might otherwise hold
back the introduction and growth of
new competitive offerings. We want the
marketplace—not outdated rules—to
determine whether new services and
technologies will succeed. Broadcasters,
as well as a range of other entities, now
have the potential to use broadcast
spectrum to enter the converged market
for connectivity in ways not possible
only a few short years ago.
With this item, we take important
steps to further unlock the potential of
broadcast spectrum, empower
innovation, and create significant value
for broadcasters and the American
public alike by removing the
uncertainty cast by legacy regulations.
More than twenty years ago, during the
transition from analog to digital
broadcast television, the Commission
adopted rules allowing digital television
(DTV) licensees to provide ancillary or
supplementary services on their excess
spectrum capacity and authorized
licensees to enter into leases with other
entities that would provide such
services. Flash forward to today, and the
conversion of digital television from the
first-generation technologies associated
with the ATSC 1.0 standard to the nextgeneration of ancillary services that will
be enabled by ATSC 3.0 is now
underway. This new technology
promises to expand the universe of
potential uses of broadcast spectrum
capacity for new and innovative
services beyond traditional over-the-air
video in ways that will complement the
nation’s burgeoning 5G network and
usher in a new wave of innovation and
opportunity. These new offerings over
broadcast spectrum can be referred to
collectively as ‘‘Broadcast Internet’’
services to distinguish them from
traditional over-the-air video services.
Broadcasters will not only be able to
better serve the information and
entertainment needs of their
communities, but they will have the
E:\FR\FM\16JYP1.SGM
16JYP1
]]>Agencies
[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Proposed Rules]
[Pages 43193-43195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14652]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1990-0013; FRL-10011-27-Region 6]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Tulsa Fuel and Manufacturing
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of intent.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 6 is issuing
a Notice of Intent to Delete Tulsa Fuel and Manufacturing Superfund
Site (Site) located 1 and \1/3\ miles south of downton Collinsville,
Oklahoma, 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 Oklahoma, through the Oklahoma Department of
Environmental Quality, 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: Comments must be received by August 17, 2020.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1990-0013, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. The 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. The 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://www2.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 https://www.regulations.gov.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1990-0013. 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
[[Page 43194]]
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. 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 the hard
copy. Publicly available docket materials are available electronically
in https://www.regulations.gov.
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.
FOR FURTHER INFORMATION CONTACT: Michael Torres, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 6, Superfund and
Emergency Management Division (R6 SED-RL); 1201 Elm Street, Suite 500;
Dallas, Texas 75270, (214) 665-2108, email [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
I. Introduction
EPA Region 6 announces its intent to delete the Tulsa Fuel and
Manufacturing Superfund Site from the National Priorities List (NPL)
and requests public comment on this proposed action. The NPL
constitutes Appendix B of 40 CFR part 300 which is the National Oil and
Hazardous Substances Pollution Contingency Plan (NCP), which EPA
promulgated pursuant to section 105 of the Comprehensive Environmental
Response, Compensation and Liability Act (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.
EPA will accept comments on the proposal to delete this site for
thirty (30) days after publication of this document in the Federal
Register.
Section II of this preamble explains the criteria for deleting
sites from the NPL. Section III of this preamble discusses procedures
that EPA is using for this action. Section IV of this preamble
discusses where to access and review information that demonstrates how
the deletion criteria have been met at the Tulsa Fuel and Manufacturing
Superfund 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 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 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 the Site:
(1) EPA consulted with the State before developing this Notice of
Intent to Delete.
(2) EPA has provided the state 30 working days for review of this
action prior to publication of it today.
(3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate.
(4) The State of Oklahoma, through the Oklahoma Department of
Environmental Quality, has concurred with deletion of the Site from the
NPL.
(5) Concurrently with the publication of this Notice of Intent to
Delete in the Federal Register, a notice is being published in a major
local newspaper, the Tulsa World. The newspaper notice announces the
30-day public comment period concerning the Notice of Intent to Delete
the site from the NPL.
(6) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
If comments are received within the 30-day public comment period on
this action, EPA will evaluate and respond appropriately to the
comments before making a final decision to delete. 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 the Site, the Regional Administrator
will publish a final Notice of 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
site information repositories listed above.
Deletion of a site from the NPL does not itself create, alter, or
revoke any individual's rights or obligations. Deletion 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 from the
NPL does not preclude eligibility for future response actions, should
future conditions warrant such actions.
[[Page 43195]]
IV. Basis for Site Deletion
The EPA placed copies of documents supporting the proposed deletion
in the deletion docket. The material provides explanation of EPA's
rationale for the deletion and demonstrates how it 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 waste, Hazardous substances, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1251 et seq.
Dated: July 1, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-14652 Filed 7-15-20; 8:45 am]
BILLING CODE 6560-50-P
