National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion the Anaconda Co. Smelter Superfund Site, 48132-48134 [2020-16860]
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48132
Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / Proposed Rules
The EPA is committed to working
with CARB and SDAPCD to resolve the
identified RACT deficiencies. However,
should we finalize the proposed partial
disapproval of the elements identified
in Tables 5 and 6 for of the 2016 RACT
SIP, the action would trigger a 2-year
clock for the federal implementation
plan (FIP) requirement under section
110(c). In addition, final disapproval
would trigger the offset section in CAA
section 179(b)(2) 18 months after the
effective date of a final disapproval, and
the highway funding sanctions in CAA
section 179(b)(1) would apply in the
area six months after the offset sanction
is imposed. Neither sanction will be
imposed under the CAA if the State
submits and we approve, prior to the
implementation of the sanctions, a SIP
revision that corrects the deficiencies
that we identify in our final action. We
will accept comments from the public
on the proposed partial approval and
partial disapproval for the 2016 RACT
SIP for the next 30 days. If finalized,
this action would add to the California
SIP as additional materials those
portions of the 2016 RACT SIP and
negative declarations associated with
approvals in Tables 5 and 6.
under the RFA. This action will not
impose any requirements on small
entities beyond those imposed by state
law.
III. Statutory and Executive Order
Reviews
Additional information about these
statutes and Executive Orders can be
found at https://www2.epa.gov/lawsregulations/laws-and-executive-orders.
This action does not have tribal
implications, as specified in Executive
Order 13175, because the SIP is not
approved to apply on any Indian
reservation land or in any other area
where the EPA or an Indian tribe has
demonstrated that a tribe has
jurisdiction, and will not impose
substantial direct costs on tribal
governments or preempt tribal law.
Thus, Executive Order 13175 does not
apply to this action.
A. Executive Order 12866: Regulatory
Planning and Review and Executive
Order 13563: Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget (OMB) for review.
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B. Executive Order 13771: Reducing
Regulations and Controlling Regulatory
Costs
This action is not expected to be an
Executive Order 13771 regulatory action
because this action is not significant
under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an
information collection burden under the
PRA because this action does not
impose additional requirements beyond
those imposed by state law.
D. Regulatory Flexibility Act (RFA)
I certify that this action will not have
a significant economic impact on a
substantial number of small entities
7 See
section 3.1 of the TSD.
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E. Unfunded Mandates Reform Act
(UMRA)
This action does not contain any
unfunded mandate as described in
UMRA, 2 U.S.C. 1531–1538, and does
not significantly or uniquely affect small
governments. This action does not
impose additional requirements beyond
those imposed by state law.
Accordingly, no additional costs to
state, local, or tribal governments, or to
the private sector, will result from this
action.
F. Executive Order 13132: Federalism
This action does not have federalism
implications. It will not have substantial
direct effects on the states, on the
relationship between the national
government and the states, or on the
distribution of power and
responsibilities among the various
levels of government.
G. Executive Order 13175: Coordination
With Indian Tribal Governments
H. Executive Order 13045: Protection of
Children From Environmental Health
Risks and Safety Risks
The EPA interprets Executive Order
13045 as applying only to those
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not impose additional
requirements beyond those imposed by
state law.
I. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Use
This action is not subject to Executive
Order 13211, because it is not a
significant regulatory action under
Executive Order 12866.
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J. National Technology Transfer and
Advancement Act (NTTAA)
Section 12(d) of the NTTAA directs
the EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. The EPA believes that this
action is not subject to the requirements
of section 12(d) of the NTTAA because
application of those requirements would
be inconsistent with the CAA.
K. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Population
The EPA lacks the discretionary
authority to address environmental
justice in this rulemaking.
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Ozone, Reporting and recordkeeping
requirements, Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: July 22, 2020.
John Busterud,
Regional Administrator, Region IX.
[FR Doc. 2020–16279 Filed 8–7–20; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–1983–0002; FRL–10012–
98–Region 8]
National Oil and Hazardous
Substances Pollution Contingency
Plan; National Priorities List: Partial
Deletion the Anaconda Co. Smelter
Superfund Site
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; notice of intent.
AGENCY:
The Environmental Protection
Agency (EPA) Region 8 is issuing a
Notice of Intent to Delete the Beryllium
Operable Unit 9 (OU9), the Flue Dust
OU11 and the Arbiter OU12 of the
Anaconda Co. Smelter Superfund Site
(Site) located in Anaconda, MT, 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
SUMMARY:
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Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / Proposed Rules
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the State of Montana, through the
Department of Environmental Quality
(MDEQ), have determined that all
appropriate response actions at these
identified parcels 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.
This partial deletion pertains to three
Operable Units; the Beryllium (OU9),
the Flue Dust (OU11) and the Arbiter
(OU12). The other areas of the Site will
remain on the NPL and are not being
considered for deletion as part of this
action.
Comments must be received by
September 9, 2020.
ADDRESSES: Submit your comments,
identified by Docket ID no. EPA–HQ–
SFUND–1983–0002, 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: Charles Coleman at
coleman.charles@epa.gov.
• Phone: Public comment by phone
may be made by calling (406) 457–5038
and following the directions provided
for public comment.
• 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–1983–
0002. EPA’s policy is that all comments
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DATES:
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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.
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48133
FOR FURTHER INFORMATION CONTACT:
Charles Coleman, Remedial Project
Manager, U.S. Environmental Protection
Agency, Region 8, 10 West 15th Street,
Suite 3200, Helena, Montana 59626,
(406) 457–5038, email:
coleman.charles@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 8 announces its intent to
delete three Operable Units of the
Anaconda Co. Smelter Superfund Site
(Site); the Beryllium (OU9), the Flue
Dust (OU11) and the Arbiter (OU12),
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 three
Operable Units of the Anaconda Co.
Smelter Superfund Site (Site); the
Beryllium (OU9), the Flue Dust (OU11)
and the Arbiter (OU12), is proposed in
accordance with 40 CFR 300.425(e) and
is consistent with the Notice of Policy
Change: Partial Deletion of Sites Listed
on the National Priorities List. 60 FR
55466 (November 1, 1995). As described
in 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 the Beryllium (OU9), the Flue Dust
(OU11) and the Arbiter (OU12) of the
Anaconda Co. Smelter Superfund Site
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Federal Register / Vol. 85, No. 154 / Monday, August 10, 2020 / Proposed Rules
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.
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III. Deletion Procedures
The following procedures apply to
deletion of the Beryllium (OU9), the
Flue Dust (OU11) and the Arbiter
(OU12) of the Site:
(1) The EPA consulted with the State
before developing this Notice of Intent
for Partial Deletion.
(2) The 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 Montana, through the
MDEQ, has concurred with the deletion
of the the Beryllium (OU9), the Flue
Dust (OU11) and the Arbiter (OU12) of
the Anaconda Co. Smelter 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 the
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Anaconda Leader and Montana
Standard. 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 action,
EPA will evaluate and respond
accordingly to the comments before
making a final decision to delete the
Beryllium (OU9), the Flue Dust (OU11)
and the Arbiter (OU12). 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 Beryllium (OU9), the Flue
Dust (OU11) and the Arbiter (OU12) of
the Anaconda Co. Smelter 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
substances, Hazardous waste,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
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requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1251 et seq.
Dated: July 29, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
[FR Doc. 2020–16860 Filed 8–7–20; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Parts 1 and 54
[WC Docket No. 18–89; FCC 20–99; FRS
16964]
Protecting Against National Security
Threats to the Communications Supply
Chain Through FCC Programs
Federal Communications
Commission.
ACTION: Proposed rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) takes further steps to
protect the nation’s communications
networks from potential security threats
as the Commission integrates provisions
of the recently enacted Secure and
Trusted Communications Networks Act
of 2019 (Secure Networks Act) into its
existing supply chain rulemaking
proceeding. The Commission seeks
comment on proposals to implement
further Congressional direction in the
Secure Networks Act.
DATES: Comments are due on or before
August 31, 2020, and reply comments
are due on or before September 14,
2020.
ADDRESSES: Pursuant to §§ 1.415 and
1.419 of the Commission’s rules, 47 CFR
1.415, 1.419, interested parties may file
comments and reply comments on or
before the dates indicated on the first
page of this document. Comments and
reply comments may be filed using the
Commission’s Electronic Comment
Filing System (ECFS). See Electronic
Filing of Documents in Rulemaking
Proceedings, 63 FR 24121 (1998).
• Electronic Filers: Comments may be
filed electronically using the internet by
accessing the ECFS: https://
www.fcc.gov/ecfs/.
• Paper Filers: Parties who choose to
file by paper must file an original and
one copy of each filing. If more than one
docket or rulemaking number appears in
the caption of this proceeding, filers
must submit two additional copies for
each additional docket or rulemaking
number.
Filings can be sent by hand or
messenger delivery, by commercial
SUMMARY:
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]]>Agencies
[Federal Register Volume 85, Number 154 (Monday, August 10, 2020)]
[Proposed Rules]
[Pages 48132-48134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16860]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002; FRL-10012-98-Region 8]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion the Anaconda Co. Smelter
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of intent.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing
a Notice of Intent to Delete the Beryllium Operable Unit 9 (OU9), the
Flue Dust OU11 and the Arbiter OU12 of the Anaconda Co. Smelter
Superfund Site (Site) located in Anaconda, MT, 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
[[Page 48133]]
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the
State of Montana, through the Department of Environmental Quality
(MDEQ), have determined that all appropriate response actions at these
identified parcels 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.
This partial deletion pertains to three Operable Units; the
Beryllium (OU9), the Flue Dust (OU11) and the Arbiter (OU12). The other
areas of the Site will remain on the NPL and are not being considered
for deletion as part of this action.
DATES: Comments must be received by September 9, 2020.
ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1983-0002, 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: Charles Coleman at [email protected].
Phone: Public comment by phone may be made by calling
(406) 457-5038 and following the directions provided for public
comment.
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-
1983-0002. 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: Charles Coleman, Remedial Project
Manager, U.S. Environmental Protection Agency, Region 8, 10 West 15th
Street, Suite 3200, Helena, Montana 59626, (406) 457-5038, 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 8 announces its intent to delete three Operable Units of
the Anaconda Co. Smelter Superfund Site (Site); the Beryllium (OU9),
the Flue Dust (OU11) and the Arbiter (OU12), 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 three Operable Units of the Anaconda Co. Smelter
Superfund Site (Site); the Beryllium (OU9), the Flue Dust (OU11) and
the Arbiter (OU12), is proposed in accordance with 40 CFR 300.425(e)
and is consistent with the Notice of Policy Change: Partial Deletion of
Sites Listed on the National Priorities List. 60 FR 55466 (November 1,
1995). As described in 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 the Beryllium (OU9), the Flue
Dust (OU11) and the Arbiter (OU12) of the Anaconda Co. Smelter
Superfund Site
[[Page 48134]]
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 Beryllium (OU9),
the Flue Dust (OU11) and the Arbiter (OU12) of the Site:
(1) The EPA consulted with the State before developing this Notice
of Intent for Partial Deletion.
(2) The 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 Montana, through the MDEQ, has concurred with the
deletion of the the Beryllium (OU9), the Flue Dust (OU11) and the
Arbiter (OU12) of the Anaconda Co. Smelter 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 the Anaconda Leader and Montana Standard. 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
action, EPA will evaluate and respond accordingly to the comments
before making a final decision to delete the Beryllium (OU9), the Flue
Dust (OU11) and the Arbiter (OU12). 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 Beryllium (OU9), the Flue Dust (OU11)
and the Arbiter (OU12) of the Anaconda Co. Smelter 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 substances, Hazardous waste, Intergovernmental relations,
Penalties, Reporting and recordkeeping requirements, Superfund, Water
pollution control, Water supply.
Authority: 33 U.S.C. 1251 et seq.
Dated: July 29, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
[FR Doc. 2020-16860 Filed 8-7-20; 8:45 am]
BILLING CODE 6560-50-P
