National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Fort Wayne Reduction Dump Superfund Site, 43191-43193 [2020-15344]
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Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Proposed Rules
enforcement authorities, EPA may at
any time invoke its authority under the
CAA, including, for example, sections
113, 167, 205, 211 or 213, to enforce the
requirements or prohibitions of the state
plan, independently of any state
enforcement effort. In addition, citizen
enforcement under section 304 of the
CAA is likewise unaffected by this, or
any, state audit privilege or immunity
law.
V. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a SIP submission
that complies with the provisions of the
CAA and applicable Federal regulations.
42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions,
EPA’s role is to approve state choices,
provided that they meet the criteria of
the CAA. Accordingly, this action
merely approves state law as meeting
Federal requirements and does not
impose additional requirements beyond
those imposed by state law. For that
reason, this proposed action:
• Is not a ‘‘significant regulatory
action’’ subject to review by the Office
of Management and Budget under
Executive Orders 12866 (58 FR 51735,
October 4, 1993) and 13563 (76 FR 3821,
January 21, 2011);
• Is not an Executive Order 13771 (82
FR 9339, February 2, 2017) regulatory
action because SIP approvals are
exempted under Executive Order 12866.
• Does not impose an information
collection burden under the provisions
of the Paperwork Reduction Act (44
U.S.C. 3501 et seq.);
• Is certified as not having a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.);
• Does not contain any unfunded
mandate or significantly or uniquely
affect small governments, as described
in the Unfunded Mandates Reform Act
of 1995 (Pub. L. 104–4);
• Does not have Federalism
implications as specified in Executive
Order 13132 (64 FR 43255, August 10,
1999);
• Is not an economically significant
regulatory action based on health or
safety risks subject to Executive Order
13045 (62 FR 19885, April 23, 1997);
• Is not a significant regulatory action
subject to Executive Order 13211 (66 FR
28355, May 22, 2001);
• Is not subject to requirements of
section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) because
application of those requirements would
be inconsistent with the CAA; and
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• Does not provide EPA with the
discretionary authority to address, as
appropriate, disproportionate human
health or environmental effects, using
practicable and legally permissible
methods, under Executive Order 12898
(59 FR 7629, February 16, 1994).
The SIP is not approved to apply on
any Indian reservation land as defined
in 18 U.S.C. 1151 or in any other area
where EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction. In those areas of Indian
country, the rule certifying negative
declarations for Northern Virginia for
the 2008 ozone NAAQS and the
negative declaration for the 2016 Oil
and Gas CTG does not have tribal
implications and will not impose
substantial direct costs on tribal
governments or preempt tribal law as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Ozone,
Volatile organic compounds.
Dated: June 30, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020–14576 Filed 7–15–20; 8:45 a.m.]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1986–0005; FRL–10011–
95–Region 5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Fort Wayne Reduction
Dump Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notification of
intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 5 is issuing a
Notice of Intent to Delete Operable Unit
1 (OU1) and Operable Unit 2 (OU2) (the
two capped landfill areas) of the Fort
Wayne Reduction Dump Superfund Site
(Fort Wayne Reduction Site or Site)
located in Fort Wayne, 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
SUMMARY:
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43191
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.
DATES: Comments must be received by
August 17, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–1986–0005, 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–1986–
0005. 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
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Federal Register / Vol. 85, No. 137 / Thursday, July 16, 2020 / Proposed Rules
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
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–1986–0005.
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–1986–0005 and at
https://www.epa.gov/superfund/fortwayne-dump 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.
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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 Partial Site Deletion
I. Introduction
EPA Region 5 announces its intent to
delete OU1 and OU2 (the two capped
landfill areas) of the Fort Wayne
Reduction Site from the NPL and
requests public comment on this
proposed action. The Operable Unit 3
(OU3) (groundwater) portion of the Site
will remain on the NPL and is not being
considered for deletion as part of this
action.
The NPL constitutes Appendix B of
40 CFR part 300, which is the NCP. EPA
promulgated the NCP 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). This partial deletion
of OU1 and OU2 of the Fort Wayne
Reduction Site is proposed in
accordance with 40 CFR 300.425(e) and
is consistent with the Notice of Policy
Change: Partial Deletion of Sites Listed
on the National Priorities List (60 FR
55466), November 1, 1995. As described
in 40 CFR 300.425(e)(3) of the NCP,
portions of a site 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 OU1 and OU2 of the
Fort Wayne Reduction 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 the 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 OU1 and OU2 of the Fort Wayne
Reduction 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
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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 the
deletion of OU1 and OU2 (the two
capped landfill areas) of the Fort Wayne
Reduction Site from the NPL:
(1) EPA consulted with the State of
Indiana prior to developing this Notice
of Intent for Partial Deletion.
(2) EPA has provided the State thirty
(30) working days for review of this
notice prior to publication of it today.
(3) In accordance with the criteria
discussed above, EPA has determined
that no further response is appropriate
for OU1 and OU2 of the Site other than
routine operation and maintenance,
monitoring, and five-year reviews.
(4) The State of Indiana, through the
IDEM, concurred with the deletion of
OU1 and OU2 of the Fort Wayne
Reduction Dump Site from the NPL on
June 18, 2020.
(5) Concurrently with the publication
of this Notice of Intent for Partial
Deletion in the Federal Register, an
announcement of the availability of the
Notice of Intent for Partial Deletion is
being published in a major local
newspaper, the Fort Wayne Journal
Gazette. The newspaper notice
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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.
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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
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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
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]]>Agencies
[Federal Register Volume 85, Number 137 (Thursday, July 16, 2020)]
[Proposed Rules]
[Pages 43191-43193]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15344]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1986-0005; FRL-10011-95-Region 5]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Fort Wayne Reduction
Dump Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notification of intent.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 5 is issuing
a Notice of Intent to Delete Operable Unit 1 (OU1) and Operable Unit 2
(OU2) (the two capped landfill areas) of the Fort Wayne Reduction Dump
Superfund Site (Fort Wayne Reduction Site or Site) located in Fort
Wayne, 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 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-1986-0005, 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-
1986-0005. 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
[[Page 43192]]
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 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-1986-0005.
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-1986-0005 and at
https://www.epa.gov/superfund/fort-wayne-dump 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 Partial Site Deletion
I. Introduction
EPA Region 5 announces its intent to delete OU1 and OU2 (the two
capped landfill areas) of the Fort Wayne Reduction Site from the NPL
and requests public comment on this proposed action. The Operable Unit
3 (OU3) (groundwater) portion of the Site will remain on the NPL and is
not being considered for deletion as part of this action.
The NPL constitutes Appendix B of 40 CFR part 300, which is the
NCP. EPA promulgated the NCP 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). This partial
deletion of OU1 and OU2 of the Fort Wayne Reduction Site is proposed in
accordance with 40 CFR 300.425(e) and is consistent with the Notice of
Policy Change: Partial Deletion of Sites Listed on the National
Priorities List (60 FR 55466), November 1, 1995. As described in 40 CFR
300.425(e)(3) of the NCP, portions of a site 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 OU1 and OU2 of
the Fort Wayne Reduction 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 the
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 OU1 and OU2 of
the Fort Wayne Reduction 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 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 the deletion of OU1 and OU2 (the
two capped landfill areas) of the Fort Wayne Reduction Site from the
NPL:
(1) EPA consulted with the State of Indiana prior to developing
this Notice of Intent for Partial Deletion.
(2) EPA has provided the State thirty (30) working days for review
of this notice prior to publication of it today.
(3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate for OU1 and OU2 of
the Site other than routine operation and maintenance, monitoring, and
five-year reviews.
(4) The State of Indiana, through the IDEM, concurred with the
deletion of OU1 and OU2 of the Fort Wayne Reduction Dump Site from the
NPL on June 18, 2020.
(5) Concurrently with the publication of this Notice of Intent for
Partial Deletion in the Federal Register, an announcement of the
availability of the Notice of Intent for Partial Deletion is being
published in a major local newspaper, the Fort Wayne Journal Gazette.
The newspaper notice
[[Page 43193]]
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 Site-Specific 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.
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
