82 FR 29764 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Mystery Bridge Road/U.S. Highway 20 Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 125 (June 30, 2017)

The Environmental Protection Agency (EPA) Region 8 is publishing a direct final notice of Partial Deletion of the property currently owned by Tallgrass Energy Partners, LP, (formerly owned by KM Upstream LLC and hereinafter referred to as the former KMI Property), on the Mystery Bridge Road/U.S. Highway 20 Site (Site) from the National Priorities List (NPL). The Site is located in Natrona County, northeast of Casper, Wyoming. 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 and Contingency Plan (NCP). This direct final partial deletion is being published by EPA with the concurrence of the State of Wyoming through the Wyoming Department of Environmental Quality (WDEQ) because EPA has determined that all appropriate response actions under CERCLA, other than maintenance of institutional controls and five-year reviews, have been completed for the former KMI source area and the resultant groundwater contamination. However, this deletion does not preclude future actions under Superfund. This partial deletion pertains to the former KMI Property. EPA is proposing to delete the entire former KMI Property from the NPL, including the groundwater (OU1) and the soil/former source area (OU2). The remaining areas and media of the Site for both OU1 and OU2 containing the volatile halogenated organic chemicals (VHOs) source soils and plume, which are attributable to the Dow Chemical Company/ Dowell Schlumberger, Inc. (DOW/DSI) facility, will remain on the NPL and are not being considered for deletion as part of this action. However, this partial deletion does not preclude future actions under Superfund.

[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29764-29769]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-13678]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0011; FRL-9963-95-Region 8]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Mystery Bridge Road/
U.S. Highway 20 Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 is 
publishing a direct final notice of Partial Deletion of the property 
currently owned by Tallgrass Energy Partners, LP, (formerly owned by KM 
Upstream LLC and hereinafter referred to as the former KMI

[[Page 29765]]

Property), on the Mystery Bridge Road/U.S. Highway 20 Site (Site) from 
the National Priorities List (NPL). The Site is located in Natrona 
County, northeast of Casper, Wyoming. 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 and Contingency Plan 
(NCP). This direct final partial deletion is being published by EPA 
with the concurrence of the State of Wyoming through the Wyoming 
Department of Environmental Quality (WDEQ) because EPA has determined 
that all appropriate response actions under CERCLA, other than 
maintenance of institutional controls and five-year reviews, have been 
completed for the former KMI source area and the resultant groundwater 
contamination. However, this deletion does not preclude future actions 
under Superfund.
    This partial deletion pertains to the former KMI Property. EPA is 
proposing to delete the entire former KMI Property from the NPL, 
including the groundwater (OU1) and the soil/former source area (OU2). 
The remaining areas and media of the Site for both OU1 and OU2 
containing the volatile halogenated organic chemicals (VHOs) source 
soils and plume, which are attributable to the Dow Chemical Company/
Dowell Schlumberger, Inc. (DOW/DSI) facility, will remain on the NPL 
and are not being considered for deletion as part of this action. 
However, this partial deletion does not preclude future actions under 
Superfund.

DATES: This direct final rule is effective August 29, 2017 unless EPA 
receives adverse comments by July 31, 2017. If adverse comments are 
received, EPA will publish a timely withdrawal of the direct final 
partial deletion in the Federal Register informing the public that the 
partial deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1990-0011, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     Email: Andrew Schmidt ([email protected]).
     Mail: Andrew Schmidt, Remedial Project Manager, 8EPR-SR, 
Environmental Protection Agency, Region 8, 1595 Wynkoop Street, Denver, 
CO 80202.
     Hand Delivery: Andrew Schmidt, Remedial Project Manager, 
8EPR-SR, Environmental Protection Agency, Region 8, 1595 Wynkoop 
Street, Denver, CO 80202.
    Such deliveries are only accepted during the Docket's normal hours 
of operation, and special arrangements should be made for deliveries of 
boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1990-0011. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://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 http://www.regulations.gov or email. The Web site, http://www.regulations.gov, 
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 http://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 http://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 hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or in hard copy at: U.S. EPA Region 8, 
Superfund Records Center & Technical Library, 1595 Wynkoop Street, 
Denver, CO 80202-1129.
    Viewing hours: 8 a.m. to 4:00 p.m., Monday through Thursday, 
excluding holidays;
    Contact: Andrew Schmidt; (303) 312-6283; email: 
[email protected] and Natrona County Public Library, Reference 
Desk, 307 East 2nd Street, Casper, WY 82601-2593, (307) 237-4935.

Monday-Thursday: 9 a.m.-6 p.m.
Friday and Saturday: 9 a.m.-5 p.m.

FOR FURTHER INFORMATION CONTACT: Andrew Schmidt, Remedial Project 
Manager, 8EPR-SR, U.S. Environmental Protection Agency, Region 8, 1595 
Wynkoop Street, Denver, CO 80202-1129, (303) 312-6283, email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA Region 8 is publishing this direct final notice of Partial 
Deletion for the former KMI Property of the Mystery Bridge Road/U.S. 
Highway 20 Superfund Site (Site) from the National Priorities List 
(NPL). The former KMI Property includes areas of soil and groundwater 
formerly impacted by benzene, toluene, ethylbenzene, and total xylenes 
(collectively known as BTEX) contamination. A map and surveyed 
boundaries of the former KMI Property are included in the docket and at 
the information repositories listed above. 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). This partial deletion of the 
Mystery Bridge Road/U.S. Highway 20 Superfund Site is proposed in 
accordance with 40 CFR 300.425(e) and is consistent with the Notice of 
Policy Change: Partial Deletion of Sites Listed on the NPL, 60 FR 55466 
(Nov. 1, 1995). As described in Sec.  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.
    Because EPA considers this action to be non-controversial and 
routine, this action will be effective August 29, 2017 unless EPA 
receives adverse comments

[[Page 29766]]

by July 31, 2017. Along with this direct final Notice of Partial 
Deletion, EPA is co-publishing a Notice of Intent for Partial Deletion 
in the ``Proposed Rules'' section of the Federal Register. If adverse 
comments are received within the 30-day public comment period on this 
partial deletion action, EPA will publish a timely withdrawal of this 
direct final Notice of Partial Deletion before the effective date of 
the partial deletion, and the partial deletion will not take effect. 
EPA will, as appropriate, prepare a response to comments and continue 
with the deletion process on the basis of the Notice of Intent for 
Partial Deletion and the comments already received. There will be no 
additional opportunity to comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Mystery Bridge Road/U.S. 
Highway 20 Superfund Site and demonstrates how portions of the Site 
proposed for deletion meet the deletion criteria. Section V discusses 
EPA's action to partially delete the 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 Section 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 responses under CERCLA have 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. Partial Deletion Procedures

    The following procedures apply to the deletion of the former KMI 
Property of the Site:
    1. EPA has consulted with the State of Wyoming prior to developing 
this direct final Notice of Partial Deletion and the Notice of Intent 
for Partial Deletion co-published in the ``Proposed Rules'' section of 
the Federal Register.
    2. EPA has provided the State 30 working days for review of this 
notice and the parallel Notice of Intent for Partial Deletion prior to 
their publication today. The State, through the Wyoming Department of 
Environmental Quality (WDEQ), has concurred on the partial deletion of 
the Site from the NPL.
    3. Concurrent with the publication of this direct final Notice of 
Partial Deletion, a notice of the availability of the parallel Notice 
of Intent for Partial Deletion is being published in a major local 
newspaper, the Casper Star Tribune. The newspaper notice announces the 
30-day public comment period concerning the Notice of Intent for 
Partial Deletion of the Site from the NPL.
    4. The EPA placed copies of documents supporting the partial 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Site information repositories 
identified above.
    5. If adverse comments are received within the 30-day public 
comment period on this partial deletion action, EPA will publish a 
timely notice of withdrawal of this direct final Notice of Partial 
Deletion before its effective date and will prepare a response to 
comments and continue with the deletion process on the basis of the 
Notice of Intent for Partial Deletion and the comments already 
received.
    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 further 
response actions, should future conditions warrant such actions.

IV. Basis for Partial Site Deletion

    The following information provides EPA's rationale for deleting the 
former KMI Property from the Mystery Bridge Road/U.S. Highway 20 
Superfund Site.

Site Background and History

    The Mystery Bridge Road/U.S. Highway 20 Superfund Site (Site), EPA 
ID No. WYD981546005, is located in Natrona County, Wyoming northeast of 
Casper, Wyoming and one mile east of Evansville. The Site is bordered 
on the north by the North Platte River, on the west by the Sinclair 
Refinery (formerly known as the Little America Refining Company or 
LARCO), on the south by U.S. Highway 20 and on the east by Mystery 
Bridge Road. The northern two thirds of the Site contain residential 
housing units built primarily between 1973 and 1983. The former KN 
Energy (KN) facility, now owned by Tallgrass Energy Partners, LP, 
formerly owned by KM Upstream LLC and referred to in this Notice of 
Partial Deletion as the former KMI Property, and the adjacent Dow 
Chemical Company and Dowell-Schlumberger, Inc (DOW/DSI) facilities 
comprise the southern third of the Site. Site investigations, initiated 
due to resident complaints of poor water and air quality, were 
completed in 1986 and 1987 and identified a BTEX plume originating from 
the former KMI Property and a volatile halogenated organic chemicals 
(VHOs) plume originating from the DOW/DSI property, moving northeast 
towards the North Platte River. The Site was proposed for listing on 
the National Priorities List June 24, 1988 (53 FR 23996, 23749-24010 
(June 24, 1988)), and was listed on the National Priorities List on 
August 30, 1990 (55 FR 35508, 35419-35554 (August 30, 1990)). Potential 
releases at the Sinclair Refinery (formerly LARCO) facility are 
currently being addressed under a RCRA 3008(h) order.
    KM Upstream LLC and its predecessors have operated a natural gas 
fractionation, compression, cleaning, odorizing, and transmission plant 
at the Site since 1965. During the plant start-up, an underground pipe 
burst, injecting 5,000 to 10,000 gallons of absorption oil into the 
subsurface. Also, initially, an earthen flare pit was used to collect 
spent material generated by the facility. Absorption oil, emulsions, 
anti-foulants, and anti-corrosive agents, crude oil condensate, liquids 
accumulated in the flare stack, potassium hydroxide treated waste, and 
lubrication oils and blowdown materials from plant equipment were all 
possibly collected in

[[Page 29767]]

the flare pit. In 1984, a concrete-lined flare pit was constructed and 
put into operation. Leaks from the earthen flare pit, the initial 
absorption oil spill, and a catchment area that collected surface water 
run-off are all believed to have contributed to the BTEX soil and 
groundwater impacts.
    The DOW/DSI facility has conducted oil and gas production 
enhancement services for the oil and gas industry since the 1950's. 
Contamination originating from the DOW/DSI facility is believed to have 
come from the truck wash water disposal system (believed to have 
contained chlorinated solvents) and the toluene storage area on the 
northern end of the facility.
    EPA is the lead agency for the Site, and WDEQ is the support 
agency. Pursuant to the 1991 Consent Decree, KN, its successor Kinder 
Morgan Inc. (KMI), and DOW/DSI have jointly conducted and funded the 
remediation work at the Site. The former KMI Property is in continued 
operation as mid-stream gas processing facility.
    The Site was divided into two media-specific operable units (OUs). 
OU1 refers to the groundwater at the Site and OU2 refers to the source 
areas in the soil at the Site.

Remedial Investigations and Feasibility Study (RI/FS) and Engineering 
Evaluations/Cost Analysis (EE/CA)

    Numerous studies and remedial investigations conducted within the 
Site have addressed the former KMI Property. In December 1987, KN and 
DOW/DSI entered into Administrative Orders on Consent (AOCs) to perform 
removal actions at their respective facilities. Based on the findings 
of the initial investigation, each PRP was required to prepare an 
Engineering Evaluation/Cost Analysis (EE/CA) of its property to 
document the extent and nature of the contaminants present and to 
support proposals of expedited removal actions. The AOC also required 
the two PRPs to perform a Remedial Investigation/Feasibility Study (RI/
FS) of the Brookhurst Subdivision site. The Mystery Bridge/U.S. Hwy 20 
Superfund site includes the former KMI Property, the DOW/DSI property, 
several adjacent industrial properties, the Burlington Northern right-
of-way and the Subdivision. The Brookhurst Subdivision RI/FS was 
submitted in June 1990 and concluded that two groundwater plumes 
originated from the industrial area, one from the DOW/DSI property 
containing VHOs and one from the former KMI Property contaminated with 
BTEX and suggested that the two plumes were not commingled.
    In early 1988, Phase I and Phase II Environmental Site Assessments 
were performed on the former KMI Property, focusing on the area around 
the flare pit. Based on the free product findings, a Phase III 
Environmental Site Assessment, including a soil vapor survey, was 
conducted in mid-1988 to identify the extent of impacts. The EPA 
developed site-specific soil action levels (SALs) in 1988 for the 
former KMI Property that were based on toxicity data current at the 
time including:

 Benzene: 80 to 82 micrograms per kilogram ([micro]g/kg)
 Ethylbenzene: 182,000 to 325,000 [micro]g/kg
 Toluene: 71,000 to 107,000 [micro]g/kg
 Total Xylenes: 176,000 [micro]g/kg

    In March 1989, the KN EE/CA was submitted to the EPA.

Selected Remedy

    On July 14, 1989 the EPA signed an action memorandum, choosing the 
suggested response strategy outlined by the EE/CA. In November 1989, KN 
started the OU1 response actions, coupling a groundwater pump and treat 
system with a soil vapor extraction system, to remove BTEX contaminants 
in three phases: Soil vapor, floating product, and dissolved in 
groundwater. In September 1990, EPA issued a Record of Decision (ROD) 
dividing the Site into two operable units: OU1, groundwater contaminant 
plumes, and OU2, contaminated soils which represent a source for the 
groundwater contamination. The 1990 ROD selected a remedial action for 
OU1, the groundwater, and deferred selection of the remedial action for 
OU2. The OU1 ROD set out the following remedial action objectives 
(RAOs) for the BTEX contamination:
    (1) Prevent ingestion of water containing benzene, toluene, 
ethylbenzene, or xylene at concentrations that either (a) exceed MCLs 
or proposed MCLs, or (b) Present a total carcinogenic risk range 
greater than 1 x 10-4 to 1 x 10-6; and
    (2) Restore the alluvial aquifer to concentrations that both (a) 
meet the MCLs or proposed MCLs for benzene, toluene, ethylbezene, and 
xylene, and (b) Present a total carcinogenic risk range less than 1 x 
10-4 to 1 x 10-6. The area of attainment included 
the entire BTEX groundwater plume.
    The applicable MCLs for BTEX were the National Primary Drinking 
Water Regulations (40 CFR 141.61):

 Benzene: 0.005 milligrams per liter (mg/L)
 Ethylbenzene: 0.7 mg/L
 Toluene: 1 mg/L
 Total Xylenes 10 mg/L

    An institutional control to restrict the groundwater use was also 
included in the OU1 ROD. In October 1991, a Consent Decree, where 
parties agreed to implement the OU1 remedy, was signed between EPA, KN 
and DOW/DSI.

Response Actions

    The KN OU1 remediation system operated from November 1989 to August 
1996 and involved a pump-and-treat system, where the effluent was sent 
through an air stripper and a soil vapor extraction system. The clean 
effluent from the air stripper was returned to the subsurface. A 
groundwater monitoring plan (GWP) was developed in 1993 and specified 
that quarterly post-remedial action (RA) monitoring would begin after 
the remediation system was discontinued and 12 months of groundwater 
sampling results were below the MCLs.
    KMI assumed responsibility for KN's portion of the Site when KMI 
purchased KN in 1999. After a minimum of eight quarterly post-RA 
sampling events were conducted where the 90 percent one-tailed upper 
confidence limit (UCL90) concentrations for benzene, ethylbenzene, 
toluene, and total xylenes were below the MCLs for each chemical, 
compliance with the RAOs for the BTEX groundwater plume was achieved. 
It was confirmed that the OU1 RAOs were achieved in 2010 and the 
results were recorded in the September 30, 2010 OU2 ROD.
    KN, KMI, and DOW each conducted work at the Site under an 
Administrative Order on Consent that addressed the contaminated soils 
on their respective properties. The OU2 ROD served to document that 
this previous work was completed and that this work cleaned up the DOW/
DSI property and the KMI Property to levels safe for industrial use. 
Contaminants have been left above levels that allow for unlimited use 
and unrestricted exposure and it is acknowledged that land uses around 
these properties are transitioning from rural to residential and 
commercial. The OU2 ROD concluded that ICs were necessary for future 
protectiveness. Specifically for the former KMI Property, the RAOs 
specified in the OU2 ROD include:
     Restricting the use of the KMI Property to industrial 
uses.
     Controlling the handling of excavated soils on the KMI 
Property.
    The OU2 RAOs have been achieved through institutional controls 
placed on the former KMI Property and implemented through restrictive 
covenants within the deed transferring the KMI Property from KMI to KM

[[Page 29768]]

Upstream LLC and, more recently, to Tallgrass Energy Partners, LP. The 
ground water institutional control from the OU1 ROD restricting ground 
water use except for sampling purposes at the former KMI Property was 
also implemented in 2010 as part of the restrictive covenants.

Operation and Maintenance

    No operation and maintenance is required at the former KMI Property 
in addition to maintaining institutional controls.

Five-Year Review

    Because the remedial action implemented for the former KMI Property 
results in contaminants remaining on site above concentrations that 
allow for unlimited use and unrestricted exposure, continued five-year 
reviews will be necessary to ensure that the remedy is protective of 
human health and the environment. The Fourth Five-Year Review for the 
Site, noted that the pump and treat remedy, as selected in the ROD, was 
shutdown prior to meeting cleanup levels at the site. Proper 
documentation for the shutdown, and Agency approval was identified for 
the decision to turn of the pump and treat system, and can be found in 
the deletion docket.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k) and CERCLA section 117, 42 
U.S.C. 9617. Documents in the partial deletion docket, which the EPA 
relied on for the partial deletion from the NPL, are available to the 
public in the information repositories, and a notice of availability of 
the Intent for Partial Deletion has been published in the Casper Star 
Tribune to satisfy public participation procedures required by 40 CFR 
300.425(e)(4).

Determination That the Criteria for Deletion Have Been Met

    For the former KMI Property of both OU1 and OU2, EPA and the WDEQ 
have determined that the responsible parties completed all appropriate 
response actions required by the OU1 and OU2 Records of Decision and 
the 1991 Consent Decree. Additionally, institutional controls are in 
place that will limit property use to industrial purposes only and will 
control the handling of excavated soils and restrict ground water use 
to sampling only without further approval from EPA or the State. EPA 
has consulted with the State on the proposed partial deletion of the 
former KMI Property from OU1 and OU2 from the NPL prior to developing 
this notice of Partial Deletion.
    Pursuant to CERCLA section 121(c) and the NCP, EPA will conduct the 
next five-year review by September 2019 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.

V. Partial Deletion Action

    The EPA, with the concurrence of the State of Wyoming through WDEQ, 
has determined that all appropriate response actions under CERCLA, 
other than maintenance of institutional controls and five-year reviews, 
have been completed. Therefore, EPA is deleting the former KMI 
Property, including the groundwater from OU1 and the soils/source area 
from OU2 of the Mystery Bridge Road/U.S. Highway 20 Superfund 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 August 29, 2017 unless EPA receives adverse comments by 
July 31, 2017. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of partial deletion before the effective date of 
the partial deletion and it will not take effect. EPA will prepare a 
response to comments and continue with the deletion process on the 
basis of the notice of intent to partially 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 waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: May 1, 2017.
Debra H. Thomas,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
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. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923; 3 CFR, 1987 Comp., p. 193.


0
2. Table 1 of Appendix B to part 300 is amended by revising the entry 
under ``WY,'' ``Mystery Bridge Road/U.S. Highway 20,'' ``Evansville'' 
to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
               State                          Site name               City/county               Notes (a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
WY.................................  Mystery Bridge Road/U.S.    Evansville/Natrona...  P
                                      Highway 20.
----------------------------------------------------------------------------------------------------------------
(a) = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be greater than or equal to 28.50).
P = Sites with partial deletion(s).


[[Page 29769]]

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[FR Doc. 2017-13678 Filed 6-29-17; 8:45 am]
 BILLING CODE 6560-50-P