National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Cimarron Mining Corporation Superfund Site, 47331-47333 [2020-16274]

Download as PDF Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Proposed Rules needed before EPA can make a final determination on this pesticide petition. Pursuant to 40 CFR 180.7(f), a summary of the petition that is the subject of this document, prepared by the petitioner, is included in a docket EPA has created for this rulemaking. The docket for this petition is available at https://www.regulations.gov. As specified in FFDCA section 408(d)(3), 21 U.S.C. 346a(d)(3), EPA is publishing notice of the petition so that the public has an opportunity to comment on this request for the establishment or modification of regulations for residues of pesticides in or on food commodities. Further information on the petition may be obtained through the petition summary referenced in this unit. jbell on DSKJLSW7X2PROD with PROPOSALS Amended Tolerances for Non-Inerts PP 0E8828. (EPA–HQ–OPP–2020– 0235). The Interregional Research Project Number 4 (IR–4), Rutgers, The State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08540, proposes upon establishment of tolerances referenced in this document under ‘‘New Tolerances’’ for PP# 0E8828, to remove the existing tolerance in 40 CFR 180.511 for residues of buprofezin, 2-[(1,1dimethylethyl)imino]tetrahydro-3(1methylethyl)-5-phenyl-4H-1,3,5thiadiazin-4-one in or on the raw agricultural commodities in or on Bean, snap, succulent at 0.02 parts per million (ppm). Contact: RD. New Tolerances for Non–Inerts 1. PP 0E8821. (EPA–HQ–OPP–2020– 0113). Interregional Research Project #4 (IR–4), Rutgers, The State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08540, requests to establish tolerances with regional registrations in 40 CFR part 180.633(c) for residues of the herbicide, florasulam, N-(2, 6-difluorophenyl)-8fluoro-5-methoxy (1, 2, 4) triazole (1, 5c)pyrimidine-2-sulfonamide, including its metabolites and degradates, in or on grass, forage at 0.01 parts per million (ppm) and grass, hay at 0.02 ppm. Compliance with the tolerance levels is to be determined by measuring only florasulam in or on the commodities. The High Performance Liquid Chromatography with Tandem Mass Spectrometry is used to measure and evaluate the chemical. Contact: RD. 2. PP 0E8828. (EPA–HQ–OPP–2020– 0235). The Interregional Research Project Number 4 (IR–4), Rutgers, The State University of New Jersey, 500 College Road East, Suite 201 W, Princeton, NJ 08540, requests to establish a tolerance in 40 CFR part VerDate Sep<11>2014 16:07 Aug 04, 2020 Jkt 250001 180.511 for residues of buprofezin, 2[(1,1-dimethylethyl)imino]tetrahydro3(1-methylethyl)-5-phenyl-4H-1,3,5thiadiazin-4-one in or on the raw agricultural commodities: Asparagus bean, edible podded at 0.02 parts per million (ppm); Bushberry subgroup 13– 07B at 0.08 ppm, Catjang bean, edible podded at 0.02 ppm; Chinese longbean, edible podded at 0.02 ppm; Cowpea, edible podded at 0.02 ppm; French bean, edible podded at 0.02 ppm; Garden bean, edible podded at 0.02 ppm; Green bean, edible podded at 0.02 ppm; Goa bean, edible podded at 0.02 ppm; Guar bean, edible podded at 0.02 ppm; Jackbean, edible podded at 0.02 ppm; Kidney bean, edible podded at 0.02 ppm; Lablab bean, edible podded at 0.02 ppm; Navy bean, edible podded at 0.02 ppm; Moth bean, edible podded at 0.02 ppm; Mung bean, edible podded at 0.02 ppm; Rice bean, edible podded at 0.02 ppm; Scarlet runner bean, edible podded at 0.02 ppm; Snap bean, edible podded at 0.02 ppm; Sword bean, edible podded at 0.02 ppm; Urd bean, edible podded at 0.02 ppm;; Vegetable soybean, edible podded at 0.02 ppm; Velvet bean, edible podded at 0.02 ppm; Wax bean, edible podded; Winged pea, edible podded at 0.02 ppm; and Yardlong bean, edible podded at 0.02 ppm. In addition to the proposed tolerances, the IR–4 Project requests that EPA permit the buprofezin label instructions currently stated as ‘‘For greenhouse tomatoes and peppers’’, be revised to ‘‘For Fruiting Vegetables (Crop Group 8–10)’’, thus allowing buprofezin applications to all greenhouse-grown fruiting vegetables. The enforcement analytical methods are available in PAM I and PAM II for the enforcement of buprofezin tolerances, which include gas chromatography methods with nitrogen phosphorus detection (GC/NPD), and a gas chromatography/mass spectrometry (GC/MS) method for confirmation of buprofezin residues in plant commodities to measure and evaluate buprofezin. Contact: RD. 3. PP 9F8808. EPA–HQ–OPP–2020– 0335. ISK BIOSCIENCES Corporation, 7470 Auburn Road, Suite A, Concord, OH, 44077, requests to establish tolerances in 40 CFR part 180 for residues of the fungicide, pyriofenone in or on grape at 0.8 parts per million (ppm); raisin at 2.5 ppm; and fruit, small vine climbing subgroup 13–07E, except grape at 1.5 ppm. The liquid chromatography-MS/MS is used to measure and evaluate the chemical pyriofenone. Contact: RD. Authority: 21 U.S.C. 346a. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 47331 Dated: July 10, 2020. Delores Barber, Director, Information Technology and Resources Management Division, Office of Pesticide Programs. [FR Doc. 2020–16459 Filed 8–4–20; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1989–0011; FRL–10011– 88–Region 6] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Cimarron Mining Corporation 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 Cimarron Mining Corporation Superfund Site (Site) located in Carrizozo, New Mexico, 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 New Mexico, through the New Mexico Environment Department, 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 September 4, 2020. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– SFUND–1989–0011, 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 SUMMARY: E:\FR\FM\05AUP1.SGM 05AUP1 jbell on DSKJLSW7X2PROD with PROPOSALS 47332 Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Proposed Rules 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: purcell.mark@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–1989– 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. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is VerDate Sep<11>2014 16:07 Aug 04, 2020 Jkt 250001 restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in the hard copy. Publicly available docket materials are available electronically in https://www.regulations.gov. The EPA is temporarily suspending its Docket Center and Regional Records Centers for public visitors to reduce the risk of transmitting COVID–19. In addition, many site information repositories are closed and information in these repositories, including the deletion docket, has not been updated with hardcopy or electronic media. For further information and updates on EPA Docket Center services, please visit us online at https://www.epa.gov/dockets. The EPA continues to carefully and continuously monitor information from the Centers for Disease Control and Prevention (CDC), local area health departments, and our Federal partners so that we can respond rapidly as conditions change regarding COVID. FOR FURTHER INFORMATION CONTACT: Mark Purcell, Remedial Project Manager, U.S. Environmental Protection Agency, Region 6, SEMD–RB–LNOS, 1201 Elm Street, Suite 500, Dallas, TX 75270, (214) 665–6707, email purcell.mark@epa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. NPL Deletion Criteria III. Deletion Procedures IV. Basis for Site Deletion I. Introduction EPA Region 6 announces its intent to delete the Cimarron Mining Corporation Superfund Site from the National Priorities List (NPL) and requests public comment on this proposed action. The NPL constitutes Appendix B of 40 CFR part 300 which is the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) of 1980, as amended. EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Sites on the NPL may be the subject of remedial actions financed by the Hazardous Substance Superfund (Fund). As described in 40 CFR 300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible for Fundfinanced remedial actions if future conditions warrant such actions. EPA will accept comments on the proposal to delete this site for thirty (30) days after publication of this document in the Federal Register. PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 Section II of this preamble explains the criteria for deleting sites from the NPL. Section III of this preamble discusses procedures that EPA is using for this action. Section IV of this preamble discusses where to access and review information that demonstrates how the deletion criteria have been met at the Cimarron Mining 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 of New Mexico, whether any of the following criteria have been met: i. Responsible parties or other persons have implemented all appropriate response actions required; ii. all appropriate Fund-financed response under CERCLA has been implemented, and no further response action by responsible parties is appropriate; or iii. the remedial investigation has shown that the release poses no significant threat to public health or the environment and, therefore, the taking of remedial measures is not appropriate. Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-year reviews to ensure the continued protectiveness of remedial actions where hazardous substances, pollutants, or contaminants remain at a site above levels that allow for unlimited use and unrestricted exposure. EPA conducts such five-year reviews even if a site is deleted from the NPL. EPA may initiate further action to ensure continued protectiveness at a deleted site if new information becomes available that indicates it is appropriate. Whenever there is a significant release from a site deleted from the NPL, the deleted site may be restored to the NPL without application of the hazard ranking system. III. Deletion Procedures The following procedures apply to deletion of the Site: (1) EPA consulted with the State of New Mexico before developing this Notice of Intent to Delete. (2) EPA has provided the State of New Mexico 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. E:\FR\FM\05AUP1.SGM 05AUP1 Federal Register / Vol. 85, No. 151 / Wednesday, August 5, 2020 / Proposed Rules (4) The State of New Mexico, through the New Mexico Environment Department, has concurred with deletion of the Site from the NPL. (5) Concurrently with the publication of this Notice of Intent to Delete in the Federal Register, a notice is being published in a major local newspaper, Ruidoso News. The newspaper notice announces the 30-day public comment period concerning the Notice of Intent to Delete the Site from the NPL. (6) EPA placed copies of documents supporting the proposed deletion in the deletion docket and made these items available for public inspection and copying at the Site information repositories identified above. If comments are received within the 30-day public comment period on this action, EPA will evaluate and respond appropriately to the comments before making a final decision to delete. If necessary, EPA will prepare a Responsiveness Summary to address any significant public comments received. After the public comment period, if EPA determines it is still appropriate to delete the Site, the Regional Administrator will publish a final Notice of Deletion in the Federal Register. Public notices, public submissions and copies of the Responsiveness Summary, if prepared, will be made available to interested parties and in the Site information repositories listed above. Deletion of a site from the NPL does not itself create, alter, or revoke any individual’s rights or obligations. Deletion of a site from the NPL does not in any way alter EPA’s right to take enforcement actions, as appropriate. The NPL is designed primarily for informational purposes and to assist EPA management. Section 300.425(e)(3) of the NCP states that the deletion of a site from the NPL does not preclude eligibility for future response actions, should future conditions warrant such actions. jbell on DSKJLSW7X2PROD with PROPOSALS IV. Basis for Site Deletion EPA placed copies of documents supporting the proposed deletion in the deletion docket. The material provides explanation of EPA’s rationale for the deletion and demonstrates how it meets the deletion criteria. This information is made available for public inspection in the docket identified above. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, Penalties, Reporting and recordkeeping VerDate Sep<11>2014 16:07 Aug 04, 2020 Jkt 250001 requirements, Superfund, Water pollution control, Water supply. Authority: 33 U.S.C. 1251 et seq. Dated: July 22, 2020. Kenley McQueen, Regional Administrator, Region 6. [FR Doc. 2020–16274 Filed 8–4–20; 8:45 am] BILLING CODE 6560–50–P DEPARTMENT OF THE INTERIOR Fish and Wildlife Service DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 424 [Docket No. FWS–HQ–ES–2020–0047, FF09E23000 FXES1111090FEDR 201; Docket No. 200720–0197] RIN 1018–BE69; 0648–BJ44 Endangered and Threatened Wildlife and Plants; Regulations for Listing Endangered and Threatened Species and Designating Critical Habitat U.S. Fish and Wildlife Service, Interior; National Marine Fisheries Service, National Oceanic and Atmospheric Administration, Commerce. ACTION: Proposed rule. AGENCY: We, the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) (collectively referred to as the ‘‘Services’’ or ‘‘we’’), propose to add a definition of ‘‘habitat’’ to our regulations that implement section 4 of the Endangered Species Act of 1973, as amended (Act). DATES: We will accept comments from all interested parties until September 4, 2020. Please note that if you are using the Federal eRulemaking Portal (see ADDRESSES below), the deadline for submitting an electronic comment is 11:59 p.m. Eastern Standard Time on this date. ADDRESSES: You may submit comments by one of the following methods: (1) Electronically: Go to the Federal eRulemaking Portal: https://www.regulations.gov. In the Search box, enter FWS–HQ–ES–2020– 0047, which is the docket number for this rulemaking. Then, in the Search panel on the left side of the screen, under the Document Type heading, click on the Proposed Rules link to locate this document. You may submit a comment by clicking on ‘‘Comment Now!’’ SUMMARY: PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 47333 (2) By hard copy: Submit by U.S. mail to: Public Comments Processing, Attn: FWS–HQ–ES–2020–0047; U.S. Fish & Wildlife Service, MS: PRB(3W), 5275 Leesburg Pike, Falls Church, VA 22041– 3803. We request that you send comments only by the methods described above. We will post all comments on https:// www.regulations.gov. This generally means that we will post any personal information you provide us (see Public Comments below for more information). FOR FURTHER INFORMATION CONTACT: Gary Frazer, U.S. Fish and Wildlife Service, Department of the Interior, Washington, DC 20240, telephone 202/208–4646; or Samuel D. Rauch III, National Marine Fisheries Service, Office of Protected Resources, 1315 East-West Highway, Silver Spring, MD 20910, telephone 301/427–8403. If you use a telecommunications device for the deaf (TDD), call the Federal Relay Service (FRS) at 800/877–8339. SUPPLEMENTARY INFORMATION: Background The Secretaries of the Interior and Commerce (the ‘‘Secretaries’’) share responsibilities for implementing most of the provisions of the Endangered Species Act of 1973, as amended (‘‘Act’’; 16 U.S.C. 1531 et seq.). Generally, marine and anadromous species are under the jurisdiction of the Secretary of Commerce, and all other species are under the jurisdiction of the Secretary of the Interior. (For ease of reading, we refer to ‘‘the Secretary’’ in this rule, which could be either the Secretary of the Interior or the Secretary of Commerce.) Authority to administer the Act has been delegated by the Secretary of the Interior to the Director of FWS and by the Secretary of Commerce to the Assistant Administrator for NMFS. The purposes of the Act are to provide a means to conserve the ecosystems upon which listed species depend, to develop a program for the conservation of listed species, and to achieve the purposes of certain treaties and conventions. 16 U.S.C. 1531(b). Moreover, the Act states that it is the policy of Congress that the Federal Government will seek to conserve threatened and endangered species and use its authorities to further the purposes of the Act. 16 U.S.C. 1531(c)(1). One of the tools under the Act to conserve species is the designation of critical habitat. The purpose of critical habitat is to identify the areas that are essential to the species’ recovery. In section 3(5)(A) of the Act, Congress defined ‘‘critical habitat’’ as: E:\FR\FM\05AUP1.SGM 05AUP1

Agencies

[Federal Register Volume 85, Number 151 (Wednesday, August 5, 2020)]
[Proposed Rules]
[Pages 47331-47333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16274]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0011; FRL-10011-88-Region 6]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Cimarron Mining Corporation 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 6 is issuing 
a Notice of Intent to Delete Cimarron Mining Corporation Superfund Site 
(Site) located in Carrizozo, New Mexico, 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 
New Mexico, through the New Mexico Environment Department, 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 September 4, 2020.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1989-0011, 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

[[Page 47332]]

comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e. on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: [email protected].
     Written comments submitted by mail are temporarily 
suspended and no hand deliveries will be accepted. We encourage the 
public to submit comments via https://www.regulations.gov.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1989-0011. 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. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available electronically 
in https://www.regulations.gov.
    The EPA is temporarily suspending its Docket Center and Regional 
Records Centers for public visitors to reduce the risk of transmitting 
COVID-19. In addition, many site information repositories are closed 
and information in these repositories, including the deletion docket, 
has not been updated with hardcopy or electronic media. For further 
information and updates on EPA Docket Center services, please visit us 
online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the Centers for Disease Control and Prevention (CDC), local area 
health departments, and our Federal partners so that we can respond 
rapidly as conditions change regarding COVID.

FOR FURTHER INFORMATION CONTACT: Mark Purcell, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 6, SEMD-RB-LNOS, 
1201 Elm Street, Suite 500, Dallas, TX 75270, (214) 665-6707, email 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion

I. Introduction

    EPA Region 6 announces its intent to delete the Cimarron Mining 
Corporation Superfund Site from the National Priorities List (NPL) and 
requests public comment on this proposed action. The NPL constitutes 
Appendix B of 40 CFR part 300 which is the National Oil and Hazardous 
Substances Pollution Contingency Plan (NCP), which EPA promulgated 
pursuant to section 105 of the Comprehensive Environmental Response, 
Compensation and Liability Act (CERCLA) of 1980, as amended. EPA 
maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. Sites 
on the NPL may be the subject of remedial actions financed by the 
Hazardous Substance Superfund (Fund). As described in 40 CFR 
300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible 
for Fund-financed remedial actions if future conditions warrant such 
actions.
    EPA will accept comments on the proposal to delete this site for 
thirty (30) days after publication of this document in the Federal 
Register.
    Section II of this preamble explains the criteria for deleting 
sites from the NPL. Section III of this preamble discusses procedures 
that EPA is using for this action. Section IV of this preamble 
discusses where to access and review information that demonstrates how 
the deletion criteria have been met at the Cimarron Mining 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 of New Mexico, whether any of the following 
criteria have been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. all appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. the remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) EPA consulted with the State of New Mexico before developing 
this Notice of Intent to Delete.
    (2) EPA has provided the State of New Mexico 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.

[[Page 47333]]

    (4) The State of New Mexico, through the New Mexico Environment 
Department, has concurred with deletion of the Site from the NPL.
    (5) Concurrently with the publication of this Notice of Intent to 
Delete in the Federal Register, a notice is being published in a major 
local newspaper, Ruidoso News. The newspaper notice announces the 30-
day public comment period concerning the Notice of Intent to Delete the 
Site from the NPL.
    (6) EPA placed copies of documents supporting the proposed deletion 
in the deletion docket and made these items available for public 
inspection and copying at the Site information repositories identified 
above.
    If comments are received within the 30-day public comment period on 
this action, EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete. If necessary, EPA 
will prepare a Responsiveness Summary to address any significant public 
comments received. After the public comment period, if EPA determines 
it is still appropriate to delete the Site, the Regional Administrator 
will publish a final Notice of Deletion in the Federal Register. Public 
notices, public submissions and copies of the Responsiveness Summary, 
if prepared, will be made available to interested parties and in the 
Site information repositories listed above.
    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    EPA placed copies of documents supporting the proposed deletion in 
the deletion docket. The material provides explanation of EPA's 
rationale for the deletion and demonstrates how it meets the deletion 
criteria. This information is made available for public inspection in 
the docket identified above.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Authority: 33 U.S.C. 1251 et seq.

    Dated: July 22, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
[FR Doc. 2020-16274 Filed 8-4-20; 8:45 am]
BILLING CODE 6560-50-P
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