National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Scrap Processing Co., Inc. Superfund Site, 45107-45109 [2020-16248]
Download as PDF
<![CDATA[
45107
Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Rules and Regulations
TABLE 1 TO PARAGRAPH (C)—EPA-APPROVED MINNESOTA REGULATIONS—Continued
State
adoption
date
Minnesota
citation
Title/subject
88.03 ...............
88.16 ...............
1993
1993
5/24/1995, 60 FR 27411.
5/24/1995, 60 FR 27411.
1993
5/24/1995, 60 FR 27411.
88.171 .............
CODIFICATION ........................................
STARTING FIRES; BURNERS; FAILURE
TO REPORT A FIRE.
PERMISSION TO START FIRES; PROSECUTION
FOR
UNLAWFULLY
STARTING FIRES.
OPEN BURNING PROHIBITIONS ...........
1993
5/24/1995, 60 FR 27411.
116.11 .............
EMERGENCY POWERS ..........................
1983
07/27/2020, [insert Federal Register citation].
88.17 ...............
EPA approval date
Comments
Only Subd. 1 and 2.
Only Subd. 1, 2, 5,
6, 7, 8, 9, and 10.
TWIN CITIES NONATTAINMENT AREA FOR CARBON MONOXIDE
116.60 .............
116.61 .............
116.62 .............
...................................................................
...................................................................
...................................................................
1999
1999
1999
10/29/1999, 64 FR 58344
10/29/1999, 64 FR 58344
10/29/1999, 64 FR 58344
116.63 .............
...................................................................
1999
10/29/1999, 64 FR 58344
*
*
*
*
*
Only Subd.
Only Subd.
Only Subd.
and 10.
Only Subd.
12.
1 and 3.
2, 3, 5,
4.
4. Section 81.324 is amended by
revising the entry ‘‘Otter Tail County’’
in the table entitled ‘‘MINNESOTA—
PM–10’’ to read as follows:
■
PART 81—DESIGNATION OF AREAS
FOR AIR QUALITY PLANNING
PURPOSES
3. The authority citation for part 81
continues to read as follows:
■
§ 81.324
*
Authority: 42 U.S.C. 7401, et seq.
*
Minnesota.
*
*
*
MINNESOTA—PM–10
Designation
Classification
Designated area
Date 1
*
*
Otter Tail County .......................................
*
1 This
*
*
........................
*
*
Unclassifiable/Attainment.
*
*
Type
*
*
*
*
*
*
date is November 15, 1990, unless otherwise noted.
*
*
*
*
[FR Doc. 2020–13469 Filed 7–24–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–SFUND–2005–0011;
FRL–10012–63–Region 5]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Deletion
of the Scrap Processing Co., Inc.
Superfund Site
jbell on DSKJLSW7X2PROD with RULES
Date 1
Type
Environmental Protection
Agency (EPA).
ACTION: Direct final rule.
AGENCY:
The Environmental Protection
Agency (EPA) Region 5 is publishing a
SUMMARY:
VerDate Sep<11>2014
16:16 Jul 24, 2020
Jkt 250001
direct final Notification of Deletion of
the Scrap Processing Co., Inc.
Superfund Site (Scrap Processing Site or
Site), located in Medford, Wisconsin,
from the National Priorities List (NPL).
The NPL, promulgated pursuant to
Section 105 of the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). This direct
final deletion is being published by EPA
with the concurrence of the State of
Wisconsin, through the Wisconsin
Department of Natural Resources
(WDNR) because EPA has determined
that all appropriate response actions
under CERCLA, other than operation
and maintenance, monitoring
institutional controls, and five-year
reviews, have been completed.
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
However, this deletion does not
preclude future actions under
Superfund.
DATES: This direct final deletion is
effective September 25, 2020 unless
EPA receives adverse comments by
August 26, 2020. If adverse comments
are received, EPA will publish a timely
withdrawal of the direct final deletion
in the Federal Register informing the
public that the deletion will not take
effect.
ADDRESSES: Submit your comments,
identified by Docket ID No. EPA–HQ–
SFUND–2005–0011, 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
E:\FR\FM\27JYR1.SGM
27JYR1
jbell on DSKJLSW7X2PROD with RULES
45108
Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Rules and Regulations
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–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
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
VerDate Sep<11>2014
16:16 Jul 24, 2020
Jkt 250001
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–2005–0011.
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 and at https://
www.epa.gov/superfund/scrapprocessing 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
cibulskis.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
EPA Region 5 is publishing this direct
final Notification of Deletion of the
Scrap Processing Site from the NPL. The
NPL constitutes Appendix B of 40 CFR
part 300, which is the NCP, which EPA
promulgated pursuant to Section 105 of
CERCLA of 1980, as amended. EPA
maintains the NPL as the list of sites
that appear to present a significant risk
to public health, welfare, or the
environment. Sites on the NPL may be
the subject of remedial actions financed
by the Hazardous Substance Superfund
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
(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.
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 the Scrap Processing Site. Section V
of this preamble discusses EPA’s action
to delete the Scrap Processing Site from
the NPL unless adverse comments are
received during the public comment
period.
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 Scrap Processing Site:
(1) EPA consulted with the State of
Wisconsin prior to developing this
E:\FR\FM\27JYR1.SGM
27JYR1
Federal Register / Vol. 85, No. 144 / Monday, July 27, 2020 / Rules and Regulations
jbell on DSKJLSW7X2PROD with RULES
direct final Notification of Deletion and
the Notification of Intent to Delete copublished today in the ‘‘Proposed
Rules’’ section of the Federal Register.
(2) EPA has provided the State thirty
(30) working days for review of this
action and the parallel Notification of
Intent to Delete prior to their
publication today, and the State,
through the WDNR, concurred with the
deletion of the Scrap Processing Site
from the NPL on July 16, 2020.
(3) Concurrently with the publication
of this direct final Notification of
Deletion, an announcement of the
availability of the parallel Notification
of Intent to Delete is being published in
a major local newspaper, The Star
News. The newspaper advertisement
announces the 30-day public comment
period concerning the Notification of
Intent to Delete the Scrap Processing
Site from the NPL.
(4) EPA placed copies of documents
supporting the proposed 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–2005–
0011 and at https://www.epa.gov/
superfund/scrap-processing.
If adverse comments are received
within the 30-day public comment
period on this deletion action, EPA will
publish a timely notice of withdrawal of
this direct final Notification of Deletion
in the Federal Register before its
effective date and will prepare a
response to comments and continue
with the deletion process on the basis of
the Notification of Intent to Delete and
the comments already received.
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.
IV. Basis for Site Deletion
The EPA placed a copy of its Final
Close Out Report for the Site and other
documents supporting the proposed
deletion in the deletion docket. The
material provides the 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
deletion docket available at https://
www.regulations.gov, Docket ID No.
VerDate Sep<11>2014
16:16 Jul 24, 2020
Jkt 250001
EPA–HQ–SFUND–2005–0011 and at
https://www.epa.gov/superfund/scrapprocessing.
V. Deletion Action
EPA, with concurrence of the State of
Wisconsin, through the WDNR, has
determined 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. Therefore,
EPA is deleting the Scrap Processing
Site from the NPL.
Because EPA considers this action to
be noncontroversial and routine, EPA is
taking it without prior publication. This
action will be effective September 25,
2020 unless EPA receives adverse
comments by August 26, 2020. If
adverse comments are received within
the 30-day public comment period, EPA
will publish a timely withdrawal of this
direct final Notification of Deletion
before its effective date and the deletion
will not take effect. EPA will prepare a
response to comments and continue
with the deletion process on the basis of
the Notification of Intent to Delete and
the comments already received. There
will be no additional opportunity to
comment.
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.
Dated: July 22, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
For the reasons set out in this
document, 40 CFR part 300 is amended
as follows:
PART 300—NATIONAL OIL AND
HAZARDOUS SUBSTANCES
POLLUTION CONTINGENCY PLAN
1. The authority citation for part 300
continues to read as follows:
■
Authority: 33 U.S.C. 1251 et seq.
Appendix B to Part 300—[Amended]
2. Table 1 of Appendix B to part 300
is amended by removing the entry ‘‘WI,’’
‘‘Scrap Processing Co., Inc.’’,
‘‘Medford’’.
■
[FR Doc. 2020–16248 Filed 7–24–20; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
Frm 00053
Fmt 4700
Sfmt 4700
45109
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 721
[EPA–HQ–OPPT–2013–0225; FRL–10010–
44]
RIN 2070–AJ99
Long-Chain Perfluoroalkyl Carboxylate
and Perfluoroalkyl Sulfonate Chemical
Substances; Significant New Use Rule
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
Under the Toxic Substances
Control Act (TSCA), the Environmental
Protection Agency (EPA) is finalizing
amendments to the significant new use
rule (SNUR) for long-chain
perfluoroalkyl carboxylate (LCPFAC)
chemical substances that were proposed
on January 21, 2015; an amendment to
a SNUR for perfluoroalkyl sulfonate
chemical substances that was proposed
on January 21, 2015; and an amendment
to make inapplicable the exemption for
persons who import a subset of LCPFAC
chemical substances as part of surface
coatings on articles, which was
proposed on March 3, 2020. This final
rule requires persons to notify EPA at
least 90 days before commencing the
manufacture (including import) or
processing of these chemical substances
for the significant new uses described in
this notice. The required significant new
use notification initiates EPA’s
evaluation of the conditions of use
associated with the significant new use.
Manufacturing (including import) or
processing for the significant new use
are prohibited from commencing until
EPA has conducted a review of the
notice, made an appropriate
determination on the notice, and taken
such actions as are required in
association with that determination. As
with any SNUR, this final rule excludes
ongoing uses. Ongoing uses cannot be
subject to a SNUR.
DATES: This final rule is effective
September 25, 2020.
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPPT–2013–0225, is
available at https://www.regulations.gov
or at the Office of Pollution Prevention
and Toxics Docket (OPPT Docket),
Environmental Protection Agency
Docket Center (EPA/DC), West William
Jefferson Clinton Bldg., Rm. 3334, 1301
Constitution Ave. NW, Washington, DC.
The Public Reading Room is open from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The
telephone number for the Public
SUMMARY:
E:\FR\FM\27JYR1.SGM
27JYR1
]]>Agencies
[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Rules and Regulations]
[Pages 45107-45109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16248]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-SFUND-2005-0011; FRL-10012-63-Region 5]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Scrap Processing Co., Inc.
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 5 is
publishing a direct final Notification of Deletion of the Scrap
Processing Co., Inc. Superfund Site (Scrap Processing Site or Site),
located in Medford, Wisconsin, from the National Priorities List (NPL).
The NPL, promulgated pursuant to Section 105 of the Comprehensive
Environmental Response, Compensation, and Liability Act (CERCLA) of
1980, as amended, is an appendix of the National Oil and Hazardous
Substances Pollution Contingency Plan (NCP). This direct final deletion
is being published by EPA with the concurrence of the State of
Wisconsin, through the Wisconsin Department of Natural Resources (WDNR)
because EPA has determined that all appropriate response actions under
CERCLA, other than operation and maintenance, monitoring institutional
controls, and five-year reviews, have been completed. However, this
deletion does not preclude future actions under Superfund.
DATES: This direct final deletion is effective September 25, 2020
unless EPA receives adverse comments by August 26, 2020. If adverse
comments are received, EPA will publish a timely withdrawal of the
direct final deletion in the Federal Register informing the public that
the deletion will not take effect.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-2005-0011, 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
[[Page 45108]]
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-
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 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-2005-0011.
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 and at https://www.epa.gov/superfund/scrap-processing 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 Site Deletion
V. Deletion Action
I. Introduction
EPA Region 5 is publishing this direct final Notification of
Deletion of the Scrap Processing Site from the NPL. The NPL constitutes
Appendix B of 40 CFR part 300, which is the NCP, which EPA promulgated
pursuant to Section 105 of CERCLA of 1980, as amended. EPA maintains
the NPL as the list of sites that appear to present a significant risk
to public health, welfare, or the environment. Sites on the NPL may be
the subject of remedial actions financed by the Hazardous Substance
Superfund (Fund). As described in 40 CFR 300.425(e)(3) of the NCP,
sites deleted from the NPL remain eligible for Fund-financed remedial
actions if future conditions warrant such actions.
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 the Scrap
Processing Site. Section V of this preamble discusses EPA's action to
delete the Scrap Processing Site from the NPL unless adverse comments
are received during the public comment period.
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 Scrap Processing
Site:
(1) EPA consulted with the State of Wisconsin prior to developing
this
[[Page 45109]]
direct final Notification of Deletion and the Notification of Intent to
Delete co-published today in the ``Proposed Rules'' section of the
Federal Register.
(2) EPA has provided the State thirty (30) working days for review
of this action and the parallel Notification of Intent to Delete prior
to their publication today, and the State, through the WDNR, concurred
with the deletion of the Scrap Processing Site from the NPL on July 16,
2020.
(3) Concurrently with the publication of this direct final
Notification of Deletion, an announcement of the availability of the
parallel Notification of Intent to Delete is being published in a major
local newspaper, The Star News. The newspaper advertisement announces
the 30-day public comment period concerning the Notification of Intent
to Delete the Scrap Processing Site from the NPL.
(4) EPA placed copies of documents supporting the proposed 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-2005-0011 and at https://www.epa.gov/superfund/scrap-processing.
If adverse comments are received within the 30-day public comment
period on this deletion action, EPA will publish a timely notice of
withdrawal of this direct final Notification of Deletion in the Federal
Register before its effective date and will prepare a response to
comments and continue with the deletion process on the basis of the
Notification of Intent to Delete and the comments already received.
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.
IV. Basis for Site Deletion
The EPA placed a copy of its Final Close Out Report for the Site
and other documents supporting the proposed deletion in the deletion
docket. The material provides the 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 deletion
docket available at https://www.regulations.gov, Docket ID No. EPA-HQ-
SFUND-2005-0011 and at https://www.epa.gov/superfund/scrap-processing.
V. Deletion Action
EPA, with concurrence of the State of Wisconsin, through the WDNR,
has determined 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. Therefore, EPA is deleting the Scrap Processing Site
from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective September 25, 2020 unless EPA receives adverse comments by
August 26, 2020. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final Notification of Deletion before its effective date and the
deletion will not take effect. EPA will prepare a response to comments
and continue with the deletion process on the basis of the Notification
of Intent to Delete and the comments already received. There will be no
additional opportunity to comment.
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.
Dated: July 22, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
For the reasons set out in this document, 40 CFR part 300 is
amended as follows:
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1251 et seq.
Appendix B to Part 300--[Amended]
0
2. Table 1 of Appendix B to part 300 is amended by removing the entry
``WI,'' ``Scrap Processing Co., Inc.'', ``Medford''.
[FR Doc. 2020-16248 Filed 7-24-20; 8:45 am]
BILLING CODE 6560-50-P
