80 FR 18780 - National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List: Deletion of the Midvale Slag Superfund Site
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 80, Issue 67 (April 8, 2015)
Federal Register Volume 80, Issue 67 (April 8, 2015)
| Page Range | 18780-18781 | |
| FR Document | 2015-07950 |
[Federal Register Volume 80, Number 67 (Wednesday, April 8, 2015)] [Rules and Regulations] [Pages 18780-18781] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-07950] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-SFUND-1991-0006; FRL-9925-83-Region 8] National Oil and Hazardous Substances Pollution Contingency Plan National Priorities List: Deletion of the Midvale Slag Superfund Site AGENCY: Environmental Protection Agency. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The U.S. Environmental Protection Agency (EPA) Region 8 announces the deletion of the Midvale Slag Superfund Site (Site), located in Salt Lake County, Utah, 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). The EPA and the State of Utah, through the Utah Department of Environmental Quality (UDEQ), have determined that all [[Page 18781]] appropriate response actions under CERCLA, other than operation, maintenance and five-year reviews of the Site, have been completed. However, this deletion does not preclude future actions under Superfund. DATES: This action is effective April 8, 2015. ADDRESSES: Docket: EPA has established a docket for this action under Docket ID No. EPA-HQ-SFUND-1991-0006. All documents in the docket are listed on the http://www.regulations.gov Web site. Although listed in the index, some information is not publicly available, i.e., Confidential Business Information 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 http://www.regulations.gov or in hard copy at Ruth Tyler Branch Library, 8041 South Wood, Midvale, UT 84047; Phone: (801-944-7641); Hours: M-Th: 9 a.m.-9 p.m.; Fri-Sat: 9:00 a.m.-5:30 p.m. FOR FURTHER INFORMATION CONTACT: Erna Waterman, Remedial Project Manager, U.S. EPA Region 8, Mail code: 8EPR-SR, 1595 Wynkoop Street, Denver, CO 80202-1129; Phone: (303) 312-6762; Email: waterman.erna@epa.gov. You may contact Erna to request a hard copy of publicly available docket materials. SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: Midvale Slag Superfund Site (Site), located in Salt Lake County, Utah. A Notice of Intent to Delete for this Site was published in the Federal Register (80 FR 6496) on February 5, 2015. The closing date for comments on the Notice of Intent to Delete was March 9, 2015. One public comment was received. The comment requested that the Site not be deleted over concerns that water quality in the Jordan River would not be protected from the potential release of hazardous substances from the Kennecott North and Kennecott South Sites. The EPA believes the deletion action is appropriate as the remediation goals for this Site have been met and the water monitoring data shows that the Jordan River is not being adversely affected by this Site. A responsiveness summary was prepared and placed in both the docket, EPA-HQ-SFUND EPA-HQ-SFUND-1991-0006, on www.regulations.gov, and in the local repository listed above. EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Deletion from the NPL does not preclude further remedial action. 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. Deletion of a site from the NPL does not affect responsible party liability in the unlikely event that future conditions warrant further actions. 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. Dated: March 26, 2015. Shaun L. McGrath, Regional Administrator, Region 8. 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. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 13626, 77 FR 56749, 3 CFR 2013 Comp., p. 306; E.O. 12777, 56 FR 54757; 3 CFR, 1991 Comp., p. 351; E.O. 12580. 52 FR 2923, 3 CFR 1987 Comp., p. 193. Appendix B to Part 300--[Amended] 0 2. Table 1 of Appendix B to part 300 is amended by removing the entry ``UT Midvale Slag, Midvale.'' [FR Doc. 2015-07950 Filed 4-7-15; 8:45 am] BILLING CODE 6560-50-P
![18780 Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Rules and Regulations
encourages these states to proceed Comptroller General of the United (i.e., cokers)) unless the material is
expeditiously to remove these States. This action is subject to the CRA, placed on the land, or speculatively
counterpart rules. Once the counterpart and the EPA will submit a rule report accumulated before being so recycled.
rules are removed, these states should to each House of the Congress and to the Materials inserted into thermal cracking
notify their EPA regional office by letter Comptroller General of the United units are excluded under this paragraph,
to verify the status of the state program. States. This action is not a ‘‘major rule’’ provided that the coke product also
as defined by 5 U.S.C. 804(2). does not exhibit a characteristic of
VII. Statutory and Executive Order (EO)
hazardous waste. Oil-bearing hazardous
Reviews List of Subjects secondary materials may be inserted
Under Executive Order 12866 (58 FR 40 CFR Part 260 into the same petroleum refinery where
51735, October 4, 1993) and Executive they are generated, or sent directly to
Order 13563 (76 FR 3821, January 21, Environmental protection,
Administrative practice and procedure, another petroleum refinery and still be
2011), this action is not a ‘‘significant excluded under this provision. Except
regulatory action’’ and is therefore not Confidential business information,
as provided in paragraph (a)(12)(ii) of
subject to OMB review. Because this Hazardous waste, Reporting and
this section, oil-bearing hazardous
action is not subject to notice and recordkeeping requirements.
secondary materials generated
comment requirements under the 40 CFR Part 261 elsewhere in the petroleum industry
Administrative Procedures Act or any (i.e., from sources other than petroleum
Environmental protection, Hazardous
other statute, it is not subject to the refineries) are not excluded under this
waste, Recycling, Solid Waste.
Regulatory Flexibility Act (5 U.S.C. 601 section. Residuals generated from
et seq.) or Sections 202 and 205 of the Dated: April 1, 2015. processing or recycling materials
Unfunded Mandates Reform Act of 1999 Mathy Stanislaus, excluded under this paragraph (a)(12)(i),
(UMRA) (Pub. L. 104–4). In addition, Assistant Administrator, Office of Solid Waste where such materials as generated
this action does not significantly or and Emergency Response. would have otherwise met a listing
uniquely affect small governments. This For the reasons stated in the under subpart D of this part, are
action does not create new binding legal preamble, title 40, chapter I of the Code designated as F037 listed wastes when
requirements that substantially and of Federal Regulations is amended as disposed of or intended for disposal.
directly affect Tribes under Executive follows: * * * * *
Order 13175 (65 FR 67249, November 9, (16) [Reserved]
2000). This action does not have PART 260—HAZARDOUS WASTE * * * * *
significant Federalism implications MANAGEMENT SYSTEM: GENERAL
under Executive Order 13132 (64 FR § 261.38 [Removed and Reserved]
43255, August 10, 1999). Because this ■ 1. The authority citation for part 260
■ 5. Remove and reserve § 261.38.
final rule has been exempted from continues to read as follows:
review under Executive Order 12866, [FR Doc. 2015–07992 Filed 4–7–15; 8:45 am]
Authority: 42 U.S.C. 6905, 6912(a), 6921–
this final rule is not subject to Executive 6927, 6930, 6934, 6935, 6937, 6938, 6939 and BILLING CODE 6560–50–P
Order 13211, entitled Actions 6974.
Concerning Regulations That
Significantly Affect Energy Supply, Subpart B—Definitions ENVIRONMENTAL PROTECTION
Distribution, or Use (66 FR 28355, May AGENCY
§ 260.10 [Amended]
22, 2001) or Executive Order 13045, 40 CFR Part 300
entitled Protection of Children from ■ 2. Section 260.10 is amended by
Environmental Health Risks and Safety removing the definition of [EPA–HQ–SFUND–1991–0006; FRL–9925–
Risks (62 FR 19885, April 23, 1997). ‘‘Gasification.’’ 83–Region 8]
This final rule does not contain any
PART 261—IDENTIFICATION AND National Oil and Hazardous
information collections subject to OMB
LISTING OF HAZARDOUS WASTE Substances Pollution Contingency
approval under the Paperwork
Plan National Priorities List: Deletion
Reduction Act (PRA), 44 U.S.C. 3501 et ■ 3. The authority citation for part 261 of the Midvale Slag Superfund Site
seq., nor does it require any special continues to read as follows:
considerations under Executive Order AGENCY: Environmental Protection
12898, entitled Federal Actions to Authority: 42 U.S.C. 6905, 6912(a), 6921, Agency.
6922, 6924(y), and 6938.
Address Environmental Justice in ACTION: Final rule.
Minority Populations and Low-Income ■ 4. Section 261.4 is amended by
Populations (59 FR 7629, February 16, revising paragraph (a)(12)(i), and SUMMARY: The U.S. Environmental
1994). This action does not involve removing and reserving paragraph Protection Agency (EPA) Region 8
technical standards; thus, the (a)(16) to read as follows: announces the deletion of the Midvale
requirements of Section 12(d) of the Slag Superfund Site (Site), located in
§ 261.4 Exclusions. Salt Lake County, Utah, from the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. (a) * * * National Priorities List (NPL). The NPL,
272 note) do not apply. * * * * * promulgated pursuant to section 105 of
(12)(i) Oil-bearing hazardous the Comprehensive Environmental
asabaliauskas on DSK5VPTVN1PROD with RULES
Congressional Review Act secondary materials (i.e., sludges, Response, Compensation, and Liability
The Congressional Review Act, 5 byproducts, or spent materials) that are Act (CERCLA) of 1980, as amended, is
U.S.C. 801 et seq., generally provides generated at a petroleum refinery (SIC an appendix of the National Oil and
that before certain actions may take code 2911) and are inserted into the Hazardous Substances Pollution
effect, the agency promulgating the petroleum refining process (SIC code Contingency Plan (NCP). The EPA and
action must submit a report, which 2911—including, but not limited to, the State of Utah, through the Utah
includes a copy of the action, to each distillation, catalytic cracking, Department of Environmental Quality
House of the Congress and to the fractionation, or thermal cracking units (UDEQ), have determined that all
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![Federal Register / Vol. 80, No. 67 / Wednesday, April 8, 2015 / Rules and Regulations 18781
appropriate response actions under risk to public health, welfare, or the ACTION: Modification of fishing seasons;
CERCLA, other than operation, environment. Deletion from the NPL request for comments.
maintenance and five-year reviews of does not preclude further remedial
the Site, have been completed. action. Whenever there is a significant SUMMARY: NMFS announces two
However, this deletion does not release from a site deleted from the NPL, inseason actions in the ocean salmon
preclude future actions under the deleted site may be restored to the fisheries. These inseason actions
Superfund. NPL without application of the hazard modified the commercial salmon
ranking system. Deletion of a site from fisheries in the area from the Cape
DATES: This action is effective April 8,
the NPL does not affect responsible Falcon, OR, to Point Arena, CA.
2015.
party liability in the unlikely event that DATES: The effective dates for the
ADDRESSES:
Docket: EPA has established a docket future conditions warrant further inseason actions are set out in this
for this action under Docket ID No. actions. document under the heading Inseason
EPA–HQ–SFUND–1991–0006. All Actions. Comments will be accepted
List of Subjects in 40 CFR Part 300 through April 23, 2015.
documents in the docket are listed on
the http://www.regulations.gov Web Environmental protection, Air ADDRESSES: You may submit comments,
site. Although listed in the index, some pollution control, Chemicals, Hazardous identified by NOAA–NMFS–2014–0005,
information is not publicly available, waste, Hazardous substances, by any one of the following methods:
i.e., Confidential Business Information Intergovernmental relations, Penalties, • Electronic Submissions: Submit all
or other information whose disclosure is Reporting and recordkeeping electronic public comments via the
restricted by statute. Certain other requirements, Superfund, Water Federal eRulemaking Portal. Go to
material, such as copyrighted material, pollution control, Water supply. www.regulations.gov/
will be publicly available only in hard Dated: March 26, 2015. #!docketDetail;D=NOAA-NMFS-2014-
copy. Publicly available docket Shaun L. McGrath, 0005, click the ‘‘Comment Now!’’ icon,
materials are available electronically at Regional Administrator, Region 8. complete the required fields, and enter
http://www.regulations.gov or in hard or attach your comments.
copy at Ruth Tyler Branch Library, 8041 For the reasons set out in this • Mail: William W. Stelle, Jr.,
South Wood, Midvale, UT 84047; document, 40 CFR part 300 is amended Regional Administrator, West Coast
Phone: (801–944–7641); Hours: M–Th: 9 as follows: Region, NMFS, 7600 Sand Point Way
a.m.–9 p.m.; Fri–Sat: 9:00 a.m.–5:30 NE., Seattle, WA 98115–6349
PART 300—NATIONAL OIL AND Instructions: Comments sent by any
p.m.
HAZARDOUS SUBSTANCES other method, to any other address or
FOR FURTHER INFORMATION CONTACT: Erna POLLUTION CONTINGENCY PLAN individual, or received after the end of
Waterman, Remedial Project Manager,
U.S. EPA Region 8, Mail code: 8EPR– ■ 1. The authority citation for part 300 the comment period, may not be
SR, 1595 Wynkoop Street, Denver, CO continues to read as follows: considered by NMFS. All comments
80202–1129; Phone: (303) 312–6762; received are a part of the public record
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. and will generally be posted for public
Email: waterman.erna@epa.gov. You 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR
may contact Erna to request a hard copy viewing on www.regulations.gov
2013 Comp., p. 306; E.O. 12777, 56 FR 54757;
of publicly available docket materials. 3 CFR, 1991 Comp., p. 351; E.O. 12580. 52
without change. All personal identifying
FR 2923, 3 CFR 1987 Comp., p. 193. information (e.g., name, address, etc.),
SUPPLEMENTARY INFORMATION: The site to
confidential business information, or
be deleted from the NPL is: Midvale Appendix B to Part 300—[Amended] otherwise sensitive information
Slag Superfund Site (Site), located in
2. Table 1 of Appendix B to part 300 submitted voluntarily by the sender will
Salt Lake County, Utah. A Notice of ■
is amended by removing the entry ‘‘UT be publicly accessible. NMFS will
Intent to Delete for this Site was
Midvale Slag, Midvale.’’ accept anonymous comments (enter ‘‘N/
published in the Federal Register (80
A’’ in the required fields if you wish to
FR 6496) on February 5, 2015. [FR Doc. 2015–07950 Filed 4–7–15; 8:45 am]
The closing date for comments on the remain anonymous).
BILLING CODE 6560–50–P
Notice of Intent to Delete was March 9, FOR FURTHER INFORMATION CONTACT:
2015. One public comment was Peggy Mundy at 206–526–4323.
received. The comment requested that SUPPLEMENTARY INFORMATION:
the Site not be deleted over concerns DEPARTMENT OF COMMERCE
Background
that water quality in the Jordan River
would not be protected from the National Oceanic and Atmospheric In the 2014 annual management
potential release of hazardous Administration measures for ocean salmon fisheries (79
substances from the Kennecott North FR 24580, May 1, 2014), NMFS
and Kennecott South Sites. The EPA 50 CFR Part 660 announced the commercial and
believes the deletion action is recreational fisheries in the area from
appropriate as the remediation goals for [Docket No. 140107014–4014–01] the U.S./Canada border to the U.S./
this Site have been met and the water Mexico border, beginning May 1, 2014,
RIN 0648–XD868 and 2015 salmon seasons opening
monitoring data shows that the Jordan
River is not being adversely affected by Fisheries Off West Coast States; earlier than May 1, 2015. NMFS is
asabaliauskas on DSK5VPTVN1PROD with RULES
this Site. A responsiveness summary Modifications of the West Coast authorized to implement inseason
was prepared and placed in both the Commercial Salmon Fisheries; management actions to modify fishing
docket, EPA–HQ–SFUND EPA–HQ– Inseason Actions #1 and #2 seasons and quotas as necessary to
SFUND–1991–0006, on provide fishing opportunity while
www.regulations.gov, and in the local AGENCY: National Marine Fisheries meeting management objectives for the
repository listed above. Service (NMFS), National Oceanic and affected species (50 CFR 660.409).
EPA maintains the NPL as the list of Atmospheric Administration (NOAA), Inseason actions in the salmon fishery
sites that appear to present a significant Commerce. may be taken directly by NMFS (50 CFR
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Document Created: 2018-02-21 10:06:39
Document Modified: 2018-02-21 10:06:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This action is effective April 8, 2015. | |
| Contact | Erna Waterman, Remedial Project Manager, U.S. EPA Region 8, Mail code: 8EPR-SR, 1595 Wynkoop Street, Denver, CO 80202-1129; Phone: (303) 312-6762; Email: [email protected] You may contact Erna to request a hard copy of publicly available docket materials. | |
| FR Citation | 80 FR 18780 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Chemicals; Hazardous Waste; Hazardous Substances; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Superfund; Water Pollution Control and Water Supply |
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