National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Macalloy Corporation Superfund Site, 45155-45157 [2020-16066]
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Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Proposed Rules
2019, respectively, pursuant to the
requirements at 40 CFR 60.23a(b) and
62.06, certifying that there are no
existing source MSW landfills in their
respective jurisdictions subject to the
requirements of 40 CFR part 60 subpart
Cf. A typographical error in the letter
from AMS was noted and clarified by
Philadelphia AMS in an email on May
1, 2020
III. Proposed Action
EPA is proposing to approve the City
of Philadelphia’s and the District of
Columbia’s negative declarations. The
negative declarations satisfy the
requirements of 40 CFR 60.23a(b) and
62.06, serving in lieu of a CAA 111(d)
state plan for existing MSW landfills.
EPA is soliciting public comments on
the issues discussed in this document.
These comments will be considered
before taking final action.
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IV. Statutory and Executive Order
Reviews
Under the CAA, the Administrator is
required to approve a 111(d) plan
submission that complies with the
provisions of the CAA and applicable
Federal regulations (40 CFR 62.04).
Thus, in reviewing 111(d) plan
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
regulatory action because this action is
not significant 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);
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• 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 Clean Air Act;
and
• 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).
In addition, this proposed
rulemaking, certifying that there are no
existing municipal solid waste landfills
that are subject to the requirements of
40 CFR part 60 subpart Cf in the City of
Philadelphia or the District of Columbia,
does not have tribal implications as
specified by Executive Order 13175 (65
FR 67249, November 9, 2000), because
the SIP is not approved to apply in
Indian country located in the State, and
EPA notes that it will not impose
substantial direct costs on tribal
governments or preempt tribal law.
List of Subjects in 40 CFR Part 62
Environmental protection,
Administrative practice and procedure,
Air pollution control, Intergovernmental
relations, Reporting and recordkeeping
requirements.
Dated: July 13, 2020.
Cosmo Servidio,
Regional Administrator, Region III.
[FR Doc. 2020–15649 Filed 7–24–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2000–0006; FRL–10011–
89–Region 4]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion of the Macalloy Corporation
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 4 is proposing to
Delete 134-acres of the 140-acre
SUMMARY:
PO 00000
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45155
Macalloy Corporation Superfund Site
(Site) located at 1800 Pittsburgh
Avenue, North Charleston, South
Carolina 29405 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 South Carolina, through the
South Carolina Department of Health
and Environmental Control (SCDHEC),
have determined that all appropriate
response actions at these identified
parcels under CERCLA, other than
groundwater monitoring and five-year
reviews, have been completed.
However, this deletion does not
preclude future actions under
Superfund. This partial deletion
pertains to 134-acres. The remaining 6acres with groundwater concentrations
above the 100 ug/L Maximum
Contaminant Level (MCL) for total
chromium will remain on the NPL and
is not being considered for deletion as
part of this action.
DATES: Comments must be received by
August 26, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–2000–0006, 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: Zeller.Craig@epa.gov
(Remedial Project Manager).
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45156
Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Proposed Rules
• Following Centers for Disease
Control and Prevention (CDC) and
Office of Policy Management (OPM)
guidance and specific state guidelines
impacting our regional offices, EPA’s
workforce has been authorized to
telework to help prevent transmission of
the coronavirus [COVID–19]. As a result
there is a temporary shutdown of EPA’s
Docket Center and EPA Regional
Records Centers. While in this
workforce telework status, there are
practical limitations on the ability of
staff to collect, and for Agency
personnel to respond to, ‘‘hard copy’’
mailed queries sent directly to Agency
office locations. Therefore, until the
workforce is able to return to office
locations, EPA recommends that, to the
extent feasible, any correspondence
mailed to the Agency should also be
sent via email.
Instructions: Direct your comments to
Docket ID no. EPA–HQ–SFUND–2000–
0006. 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
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
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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–19.
FOR FURTHER INFORMATION CONTACT:
Craig Zeller, P.E., Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 4, Superfund &
Emergency Management Division, 61
Forsyth Street SW, Atlanta, GA 30303,
(404) 562–8827, email: Zeller.Craig@
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 4 announces its intent to
delete 134-acres of the 140-acre
Macalloy Corporation Superfund Site
(Site), from the National Priorities List
(NPL) and request 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 those 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 the
Macalloy Corporation Superfund 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 (Nov. 1,
PO 00000
Frm 00022
Fmt 4702
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1995). As described in 300.425(e)(3) of
the NCP, a portion of a site deleted from
the NPL remains eligible for Fundfinanced remedial action if future
conditions warrant such actions.
EPA will accept comments on the
proposal to partially 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
for 134-acres of the 140-acre Macalloy
Corporation 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 134-acres of the Site:
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Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Proposed Rules
(1) EPA consulted with the State
before developing this Notice of Intent
for Partial Deletion.
(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 South Carolina,
through the South Carolina Department
of Health and Environmental Control
has concurred with the deletion of 134acres of the 140-acre Macalloy
Corporation Superfund Site, from the
NPL.
(5) Concurrently, with the publication
of this Notice of Intent for Partial
Deletion in the Federal Register, a
notice is being published in a major
local newspaper, The Charleston Post &
Courier. The newspaper announces the
30-day public comment period
concerning the Notice of Intent for
Partial Deletion of the Site from the
NPL.
(6) The EPA placed copies of
documents supporting the proposed
partial deletion in the deletion docket,
made these items available for public
inspection, and copying at the Site
information repositories identified
above.
If comments are received within the
30-day comment period on this
document, EPA will evaluate and
respond accordingly to the comments
before making a final decision to delete
the 134 acre parcel. 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 134-acres of
the 140- acre Macalloy Corporation
Superfund Site, the Regional
Administrator 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 included in the site
information repositories 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
from the NPL does not preclude
eligibility for future response actions,
should future conditions warrant such
actions.
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IV. Basis for Partial Site Deletion
The EPA placed copies of 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 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; 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 16, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020–16066 Filed 7–24–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2005–0011; FRL–10012–
62–Region 5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Scrap Processing Co., Inc.
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 Scrap
Processing Co., Inc. Superfund Site
(Scrap Processing Site or Site) located in
Medford, Wisconsin, 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 Wisconsin, through the
Wisconsin Department of Natural
Resources (WDNR), have determined
SUMMARY:
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45157
that all appropriate response actions
under CERCLA, other than operation
and maintenance, monitoring
institutional controls, and five-year
reviews, have been completed at the
Scrap Processing Site. However, this
deletion does not preclude future
actions under Superfund.
DATES: Comments must be received by
August 26, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–2005–0011, by one of the
following methods:
• https://www.regulations.gov (our
preferred method). Follow the
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: 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–2005–
0011. 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
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]]>Agencies
[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Proposed Rules]
[Pages 45155-45157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16066]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2000-0006; FRL-10011-89-Region 4]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Macalloy Corporation
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 4 is
proposing to Delete 134-acres of the 140-acre Macalloy Corporation
Superfund Site (Site) located at 1800 Pittsburgh Avenue, North
Charleston, South Carolina 29405 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 South Carolina,
through the South Carolina Department of Health and Environmental
Control (SCDHEC), have determined that all appropriate response actions
at these identified parcels under CERCLA, other than groundwater
monitoring and five-year reviews, have been completed. However, this
deletion does not preclude future actions under Superfund. This partial
deletion pertains to 134-acres. The remaining 6-acres with groundwater
concentrations above the 100 ug/L Maximum Contaminant Level (MCL) for
total chromium will remain on the NPL and is not being considered for
deletion as part of this action.
DATES: Comments must be received by August 26, 2020.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2000-0006, 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] (Remedial Project Manager).
[[Page 45156]]
Following Centers for Disease Control and Prevention (CDC)
and Office of Policy Management (OPM) guidance and specific state
guidelines impacting our regional offices, EPA's workforce has been
authorized to telework to help prevent transmission of the coronavirus
[COVID-19]. As a result there is a temporary shutdown of EPA's Docket
Center and EPA Regional Records Centers. While in this workforce
telework status, there are practical limitations on the ability of
staff to collect, and for Agency personnel to respond to, ``hard copy''
mailed queries sent directly to Agency office locations. Therefore,
until the workforce is able to return to office locations, EPA
recommends that, to the extent feasible, any correspondence mailed to
the Agency should also be sent via email.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2000-0006. 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 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-19.
FOR FURTHER INFORMATION CONTACT: Craig Zeller, P.E., Remedial Project
Manager, U.S. Environmental Protection Agency, Region 4, Superfund &
Emergency Management Division, 61 Forsyth Street SW, Atlanta, GA 30303,
(404) 562-8827, email: [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 4 announces its intent to delete 134-acres of the 140-
acre Macalloy Corporation Superfund Site (Site), from the National
Priorities List (NPL) and request 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 those 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 the Macalloy Corporation Superfund 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 (Nov. 1, 1995). As described in
300.425(e)(3) of the NCP, a portion of a site deleted from the NPL
remains eligible for Fund-financed remedial action if future conditions
warrant such actions.
EPA will accept comments on the proposal to partially 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 for 134-acres of the 140-acre
Macalloy Corporation 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 134-acres of the
Site:
[[Page 45157]]
(1) EPA consulted with the State before developing this Notice of
Intent for Partial Deletion.
(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 South Carolina, through the South Carolina
Department of Health and Environmental Control has concurred with the
deletion of 134- acres of the 140-acre Macalloy Corporation Superfund
Site, from the NPL.
(5) Concurrently, with the publication of this Notice of Intent for
Partial Deletion in the Federal Register, a notice is being published
in a major local newspaper, The Charleston Post & Courier. The
newspaper announces the 30-day public comment period concerning the
Notice of Intent for Partial Deletion of the Site from the NPL.
(6) The EPA placed copies of documents supporting the proposed
partial deletion in the deletion docket, made these items available for
public inspection, and copying at the Site information repositories
identified above.
If comments are received within the 30-day comment period on this
document, EPA will evaluate and respond accordingly to the comments
before making a final decision to delete the 134 acre parcel. 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 134-acres of the
140- acre Macalloy Corporation Superfund Site, the Regional
Administrator 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 included in the site information repositories
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 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 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 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; 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 16, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-16066 Filed 7-24-20; 8:45 am]
BILLING CODE 6560-50-P
