82 FR 31263 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Shpack Landfill Superfund Site
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 82, Issue 128 (July 6, 2017)
Federal Register Volume 82, Issue 128 (July 6, 2017)
| Page Range | 31263-31267 | |
| FR Document | 2017-14112 |
[Federal Register Volume 82, Number 128 (Thursday, July 6, 2017)] [Rules and Regulations] [Pages 31263-31267] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-14112] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-SFUND-1986-0005; FRL 9964-03-Region 1] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Shpack Landfill Superfund Site AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) Region 1 is publishing a direct final Notice of Deletion of the Shpack Landfill Superfund Site (Site), located on Union Rd. and Peckham Streets in Norton and Attleboro, Massachusetts, from the National Priorities List (NPL). The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). This direct final deletion is being published by EPA with the concurrence of the State of Massachusetts, through the Massachusetts Department of Environmental Protection (MassDEP), because EPA has determined that all appropriate response actions under CERCLA, other than operation, maintenance, monitoring, and five-year reviews, have been completed. However, this deletion does not preclude future actions under Superfund. DATES: This direct final deletion is effective September 5, 2017 unless EPA receives adverse comments by August 7, 2017. If adverse comments are received, EPA will publish a timely withdrawal of the direct final deletion in the Federal Register informing the public that the deletion will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ- SFUND-1986-0005 at http://www.regulations.gov. Follow the online instructions for submitting comments. Comments may also be submitted by email or mail to Elaine Stanley, Remedial Project Manager, Office of Site Remediation and Restoration, Mail Code: OSRR07-4, U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912, email address: [email protected] or Sarah White, Community Involvement Coordinator, Office of the Regional Administrator, Mail Code: ORA01-1, US Environmental Protection Agency at EPA--Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109- 3912, telephone: 617-918-1026, email: [email protected]. 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. Publicly available docket materials are available either electronically through http://www.regulations.gov or in hard copy at the site information repositories. Locations, contacts, phone numbers and viewing hours are:U.S. EPA Region I, Superfund Records Center, 5 Post Office Square, Suite 100, Boston, MA 02109, Phone: [[Page 31264]] 617-918-1440, Monday-Friday: 9:00 a.m.-5:00 p.m., Saturday and Sunday-- Closed and The Norton Public Library, 68 East Main Street, Norton, MA 02766, Phone: 508-285-0265, Monday, Tuesday, and Thursday: 10:00 a.m.- 7: pm, Wednesday: 10am-3 p.m., Friday: 10am-2 p.m., Saturday: Closed until 9/10 Sunday--Closed FOR FURTHER INFORMATION CONTACT: Elaine Stanley, Remedial Project Manager, Office of Site Remediation and Restoration, Mail Code: OSRR07- 4, U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912, telephone number: 617-918- 1332, fax number: 617-918-0332, email address: [email protected] or Sarah White, Community Involvement Coordinator, Office of the Regional Administrator, Mail Code: ORA01-1, US Environmental Protection Agency at EPA--Region 1, 5 Post Office Square, Suite 100, Mail Code ORA01-1, Boston, MA 02109-3912, telephone: 617-918-1026, fax number: 617-918-0026, email: [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. NPL Deletion Criteria III. Deletion Procedures IV. Basis for Site Deletion V. Deletion Action I. Introduction EPA Region 1 is publishing this direct final Notice of Deletion of the Shpack Landfill Site, from the National Priorities List (NPL). 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 300.425(e) (3) of the NCP, sites deleted from the NPL remain eligible for Fund-financed remedial actions if future conditions warrant such actions. Section II of this 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 Shpack Landfill Superfund Site and demonstrates how it meets the deletion criteria. Section V discusses EPA's action to 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 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 Site: (1) EPA consulted with the state of Massachusetts prior to developing this direct final Notice of Deletion and the Notice of Intent to Delete co- published today in the ``Proposed Rules'' section of the Federal Register. (2) EPA has provided the state 30 working days for an opportunity to review of this notice and the parallel Notice of Intent to Delete prior to their publication today, and the state, through the Massachusetts Department of Environmental Protection (MassDEP), has concurred on the deletion of the Site from the NPL. (3) Concurrently with the publication of this direct final Notice of Deletion, a notice of the availability of the parallel Notice of Intent to Delete is being published in a major local newspaper, The Sun Chronicle, Attleboro, MA. The newspaper notice announces the 30-day public comment period concerning the Notice of Intent to Delete the Site from the NPL. (4) The 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. (5) If adverse comments are received within the 30-day public comment period on this deletion action, EPA will publish a timely notice of withdrawal of this direct final Notice of 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 to Delete and the comments already received. Deletion of a site from the NPL does not itself create, alter, or revoke any individual's rights or obligations. Deletion of a site from the NPL does not in any way alter EPA's right to take enforcement actions, as appropriate. The NPL is designed primarily for informational purposes and to assist EPA management. Section 300.425(e)(3) of the NCP states that the deletion of a site from the NPL does not preclude eligibility for future response actions, should future conditions warrant such actions. IV. Basis for Site Deletion The following information provides EPA's rationale for deleting the Site from the NPL: Site Background and History The Shpack Landfill Superfund Site, CERCLIS ID No. MAD980503973, is bordered to the north and northwest by Peckham Street (Attleboro) and Union Road (Norton); to the west and southwest by an approximately 55- acre municipal and industrial landfill owned by Attleboro Landfill Inc. (ALI); and on the southeast, east, and northeast by the Chartley Swamp. The Site covers approximately 9.4 acres and was operated as a landfill from 1946 until the early 1970s, receiving domestic and industrial waste, including low-level radioactive waste. In 1978, the Nuclear Regulatory Commission (NRC) conducted radiological surveys at the Site, detecting radium and uranium within the landfill after being contacted by a concerned citizen who had detected elevated radiation levels in the area. In 1980, the Site was added to the Department of Energy's (DOE) Formerly [[Page 31265]] Utilized Sites Remedial Action Program (FUSRAP), which dealt with the legacy of the nation's early atomic energy programs. Responsibility was later transferred from DOE to the United States Army Corps of Engineers (USACE). Municipal water supplies did not extend to the area around the Site and there were 27 private wells located within 1-mile of the Site. In 1984, EPA evaluated the Site to determine if it should be listed on the National Priorities List (NPL) and found volatile organic compounds (VOCs) and metals in groundwater. The site was proposed to the NPL on October 15, 1984 (49 FR 40320). On June 14, 1986 (51 FR 21054), the Site was added to the NPL. Remedial Investigation and Feasibility Study (RI/FS) The RI/FS was completed in 2003. As part of the investigation, soil, surface water, groundwater, sediments and air were evaluated. Among the primary contaminants identified at the Site were radium and uranium; volatile organic contaminants (VOCs); heavy metals such as nickel, cadmium, copper, lead and mercury; dioxin, polychlorinated biphenyls (PCBs) and per/cyclic aromatic hydrocarbons (PAHs). The RI found that the primary risks at the Site were to residents exposed to contaminants by using the groundwater as drinking water; recreational visitors exposed to contaminated soil or sediment; workers on the Site; and to wildlife from contaminated sediments in the wetland. The FS evaluated alternatives with various degrees of excavation and off-site disposal of contaminants, consolidation of remaining contaminated soil and sediments under a multi-barrier cap and providing water line to nearby residents. Selected Remedy To address the risks presented by exposure to contaminants, EPA issued a Record of Decision (ROD) for the cleanup of the Site in September 2004. The ROD encompasses two response actions: One managed by the USACE under FUSRAP and the other managed by EPA under CERCLA. The ROD identified the following remedial action objectives (RAOs): Source Control: Soil--prevent ingestion, direct contact and inhalation with soil which contains contaminants in concentrations that exceed Federal and State standards; prevent ingestion, direct contact and inhalation with soil which have no enforceable Federal or State standards but which pose an unacceptable human health risk, and prevent exposure to contaminants in soil which present an unacceptable risk to the environment. Sediment--prevent exposure to contaminants in sediment which present an unacceptable risk to human health and/or environment. Surface water--reduce migration of contamination from site to surface water which present an unacceptable risk to human health and the environment. Management of Migration: Prevent ingestion of water which contains contaminants in concentrations that exceed Maximum Contaminants Levels (MCLs), non-zero Maximum Contaminants Level Goals (MCLGs) and/or pose an unacceptable human health risk and/or unacceptable risk to the environment. In response to the RAOs, the remedy included the following major components: Extension of the public water supply line; excavation and off-site disposal of soil and sediment with contaminant concentrations exceeding the cleanup levels specified in the ROD; placement of clean fill in excavated areas to grade and/or wetlands restoration/ replication; relocation of existing power line structures, as needed, and traffic control plan to implement necessary soil removal and backfill actions; implementation of a surface water, sediment, and groundwater monitoring program; implementation of institutional controls necessary to restrict future use of property and groundwater, and monitoring compliance with institutional controls. This remedy was based on the commitment by MassDEP to no longer consider this portion of the aquifer as a current or future water supply under the Massachusetts Contingency Plan once the remedial action is implemented, the two private drinking water supply wells abandoned, and Notices of Activity and Use Limitation (NAULs) were placed on the properties prohibiting the future use of groundwater. Since those conditions have been met, MassDEP revised its Groundwater Use and Value Determination to a low use and value, and EPA considers the groundwater not suitable as a drinking water source. Response Actions FUSRAP Remedial Action The FUSRAP Remedial Action was performed by USACE and required excavation and disposal of contaminated materials within the Landfill Interior portion of the Site. The action began in August 2005 and after excavation began, it was determined that the horizontal and vertical extent of radiological contamination was more extensive than estimated in the ROD. The FUSRAP activities originally initiated in 2005 resumed in June 2007 and were completed in October 2011. To manage groundwater, all pumped water was infiltrated on-site after treatment utilizing settling tanks, sand filtration vessels and bag filters. A total of 57,805 cubic yards of material was excavated, of which 50,908 cubic yards were transported off-site for disposal. All wastes shipped off-site were ultimately transported by rail to the Energy Solutions disposal facility in Clive, Utah, a facility licensed for disposal of LLRW and/or mixed wastes. The USACE completed the Remedial Action Completion Report--Radiological Contamination in May 2012 documenting all completed FUSRAP-related remedial action activities at the site. CERCLA Remedial Action The CERCLA Remedial Action was performed by the Performing Defendants under a Remedial Design/Remedial Action Consent Decree entered on January 27, 2009 in the U.S. District Court in Boston for the remainder of the site cleanup. The public water supply line extension was complete in October 2012, extending The City of Attleboro public water supply line approximately 2,600 feet along Peckham Street, to within 500 feet of the Site, prior to on-site remedial construction activities. The on-site CERCLA Remedial Action began in June 2013. CERCLA wastes requiring excavation and disposal were located within the Tongue Area, Inner Rung, and ALI Debris Area (ALIDA) portions of the Site. Management of extracted groundwater utilized a treatment system for removal of entrained solids prior to on-site infiltration into site soils. Initial wetland and upland plantings and seeding were completed in November and December 2013. CERCLA remedial construction was completed in December 2013. A total of 27,083 tons of waste material was transported off-site for disposal. The material included the following waste classifications: Special Nuclear Material (SNM) non- hazardous; hazardous waste (leachable cadmium); non-hazardous waste; asbestos in soil (AIS); and non-hazardous asbestos-containing building materials. Overall, approximately 79 percent of the wastes removed from the Site were transported by rail to the US Ecology disposal facility in Grand View, Idaho. Most of the remaining wastes (approximately 20 percent of the total) were classified as non-hazardous and were transported by truck to the Waste Management Turnkey Landfill in Rochester, New Hampshire. The remaining wastes contained asbestos [[Page 31266]] and were shipped to a construction debris landfill licensed to accept asbestos. Cleanup Levels FUSRAP Remedial Action In accordance with the requirements of the Multi-Agency Radiation Survey and Site Investigation Manual, (MARSSIM), Revision 1 (August 2000), all excavated areas within the landfill interior required independent verification to ensure that site-specific cleanup criteria for radiological contaminants were met. The Final FSS Report, Shpack FUSRAP Superfund Landfill Site, Norton/Attleboro, Massachusetts (which included the Final Status Survey (FSS)) was issued in May 2012. The FSS included collection of confirmation samples from excavation floors and sidewalls prior to backfill of each excavation area. Excavations were backfilled only after FSS sampling and on-site lab analytical results confirmed that radiological contaminants were below cleanup criteria. Further information can be found in the FSS Report listed above. CERCLA Remedial Action The Inner Rung was a portion of Chartley Swamp that was slated for remedial activities due to ecological risk. To address potential risk to benthic organisms in the wetland ecosystem, the excavation removed the top 2 feet of material throughout the area. The restoration of the area included placement of a 1-foot thick layer of clean fill followed by placement of a 1-foot-thick layer of wetland topsoil to meet the pre-existing grades. Approximately 5,680 tons of waste material generated from the Inner Rung activities were removed and disposed of off Site. The Chemical-Only Soil Stockpile consisted of materials excavated by the USACE as part of the FUSRAP response actions. Based on information provided by the USACE, impacts to this material exceeded the ROD chemical cleanup criteria, but did not exceed ROD radiological criteria. The USACE secured the stockpile to protect it from the elements following its demobilization from the Site. Approximately 3,580 tons of waste material from the Chemical-Only Soil Stockpile were removed and disposed of off-Site. The ALI Debris Area (ALIDA) was a portion of the Shpack Landfill Interior that was the location of a reported slope failure from the ALI Landfill. The material in this area consisted of ALI municipal landfill debris underlain by industrial landfill debris associated with the Shpack Landfill. The USACE excavated 17 test pits in the ALI Landfill Debris Area during the FUSRAP activities in 2005. The USACE's test pit data indicated that that material exceeded several of the ROD cleanup goals for chemical compounds, but not the radioactive ones. Approximately 7,970 tons of waste material from the ALIDA were removed down to native peat material and disposed of off-Site. Waste and debris from a fire at an industrial plastics manufacturing facility were reportedly disposed of in the Tongue Area which extended from the Shpack Landfill Interior toward the Inner Rung. Approximately 9,680 tons of waste material were removed from the Tongue Area down to native peat material and disposed of off- Site. The Remedial Action required disturbance of approximately 203,500 square feet of wetlands to remove waste materials and to restore the wetlands impacted by the FUSRAP response actions. The final square footage of wetlands restored and created on-site during the RA is approximately 231,313 square feet. Operation and Maintenance Initial wetland and upland plantings and seeding under CERCLA Remedial Action were completed in November and December 2013. Routine monitoring and maintenance of the wetland area is scheduled to continue for seven years following completion of construction to ensure the success of the restored wetland. Inspections, maintenance, and any required plant replacement and re-seeding will occur during the first year. The Final Operation and Maintenance Plan includes monitoring criteria with specific wetland restoration and creation performance goals keyed to a designated scheduled. Operation and Maintenance of the Remedy will be conducted by the City of Attleboro in accordance with the approved O&M Plan for the Site. The Performing Defendants have agreed that the City of Attleboro will perform the O&M activities, including: Compliance monitoring; enforcing the ICs as necessary, and prepare and submit annual reports to EPA and MassDEP regarding the status of the ICs, as outlined in the Operations and Maintenance Plan, Revision #1, dated July 2015. Prior to completion of the Remedial Action, an interim set of Institutional Controls (ICs) in the form of Easements, Restrictions, and Non-interference Agreements (ERNA) were placed on four properties. Following completion of the Remedial Action, a Notice of Activity and Use Limitation (NAUL) was recorded in November 2016 for each of the properties, except Union Road House 1 which was razed and the residential well decommissioned in 2012 thus no longer requiring NAUL. The NAUL prohibits activities and uses of the Site that may present an unacceptable risk to human health as well as providing Site access to the Performing Defendants for associated monitoring and O&M activities. Five-Year Review Hazardous substances remain at this Site above levels which would allow for unlimited use and unrestricted exposure requiring EPA to conduct statutory five-year reviews. The first statutory Five-Year Review Report will be completed prior to June 12, 2018, which is five years from the initiation of construction of the CERCLA remedy. Community Involvement Throughout the Site's history, EPA has kept the community and other interested parties apprised of Site activities through informational meetings, fact sheets, press releases, and public meetings. Local residents formed the Citizen's Advisory Shpack Team (CAST) to monitor Site activities. On numerous occasions during 2000-2004, EPA and MADEP held informational meetings to update the community on the results of the RI/FS, including a November 20, 2003, meeting to discuss the results of the RI. On June 23, 2004, EPA held an informational meeting to present the Agency's Proposed Plan. From June 24, 2004 to August 25, 2004, the Agency held a public comment period to accept public comment on the alternatives presented in the FS and the Proposed Plan and the September 28, 2004 ROD includes the Responsiveness Summary to comments received during the public comment period. Determination That the Site Meets the Criteria for Deletion in the NCP The remedial actions which have been implemented for the FUSRAP and CERCLA achieve the clean-up objectives and cleanup goals identified in the 2004 ROD for the Site. The remaining site related contaminants are present at levels protective of both human health and the environment and meet EPA's acceptable risk for all exposure pathways. All of the selected remedial actions and the remedial action objectives and associated cleanup goals are consistent with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the National Contingency Plan (NCP) and EPA policy and guidance. [[Page 31267]] All Institutional Controls are in place and currently EPA expects that no further Superfund response is needed to protect human health and the environment, except future operations and maintenance, monitoring, and Five Year Reviews. V. Deletion Action The EPA, with concurrence of the State of Massachusetts through the MassDEP, has determined that all appropriate response actions under CERCLA, other than operation, maintenance, monitoring and five-year reviews have been completed. Therefore, EPA is deleting the Site from the NPL. Because EPA considers this action to be noncontroversial and routine, EPA is taking it without prior publication. This action will be effective September 5, 2017 unless EPA receives adverse comments by August 7, 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 deletion before the effective date of the 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 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 31, 2017. Deborah A. Szaro, Acting Regional Administrator Region 1. 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 is revised to read as follows: Authority: 33 U.S.C. 1321(d); 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 ``MA'', ``Shpack Landfill'', ``Norton/Attleboro''. [FR Doc. 2017-14112 Filed 7-5-17; 8:45 am] BILLING CODE 6560-50-P
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TABLE 1 TO § 165.T01–0534—Continued
• Rain Date: July 1, 2017.
• Time: 9:00 p.m. to 10:30 p.m.
• Location: All navigable waters of the Thames River, Norwich, CT,
within 1000 feet of the fireworks barge in approximate position
41°31′15.93″ N., 072°04′42.96″ W. (NAD 83).
4. City of Middletown Fireworks ............................................................. • Date: July 1, 2017.
• Rain Date: July 2, 2017.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: All waters of Connecticut River, Middletown, CT within
1000 feet of the fireworks barge in approximate position 41°33′43″
N., 072°38′32″ W. (NAD 83).
5. Town of Greenwich Parks and Recreation Fireworks ....................... • Date: July 1, 2017.
• Rain Date: July 2, 2017.
• Time: 8:45 p.m. to 10:00 p.m.
• Location: All waters of Greenwich Harbor, Greenwich, CT within 560
feet of the land launch site in approximate position 41°00′8.64″ N.,
073°34′16.26″ W. (NAD 83).
6. Mason’s Island Yacht Club Fireworks ............................................... • Date: July 2, 2017.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: All waters of the Long Island Sound, Mason’s Island, CT
within 1000 feet of the fireworks barge in approximate position
41°19′30.61″ N., 071°57′48.22″ W. (NAD 83).
7. Madison Fireworks ............................................................................. • Date: July 3, 2017.
• Rain Date: July 7, 2017.
• Time: 8:30 p.m. to 10:30 p.m.
• Location: All navigable waters of the Long Island Sound, Madison,
CT within 1000 feet of the of the barge launch site located in approx-
imate position 41°16′03.93″ N., 072°36′15.97″ W. (NAD 83).
Dated: June 15, 2017. final deletion is being published by EPA US Environmental Protection Agency at
A.E. Tucci, with the concurrence of the State of EPA—Region 1, 5 Post Office Square,
Captain, U.S. Coast Guard, Captain of the Massachusetts, through the Suite 100, Boston, MA 02109–3912,
Port Sector Long Island Sound. Massachusetts Department of telephone: 617–918–1026, email:
[FR Doc. 2017–14188 Filed 7–5–17; 8:45 am] Environmental Protection (MassDEP), White.Sarah@epa.gov. Once submitted,
BILLING CODE 9110–04–P because EPA has determined that all comments cannot be edited or removed
appropriate response actions under from Regulations.gov. The EPA may
CERCLA, other than operation, publish any comment received to its
ENVIRONMENTAL PROTECTION maintenance, monitoring, and five-year public docket. Do not submit
AGENCY reviews, have been completed. electronically any information you
However, this deletion does not consider to be Confidential Business
40 CFR Part 300 preclude future actions under Information (CBI) or other information
Superfund. whose disclosure is restricted by statute.
[EPA–HQ–SFUND–1986–0005; FRL 9964– Multimedia submissions (audio, video,
03-Region 1] DATES: This direct final deletion is etc.) must be accompanied by a written
effective September 5, 2017 unless EPA comment. The written comment is
National Oil and Hazardous receives adverse comments by August 7,
Substances Pollution Contingency considered the official comment and
2017. If adverse comments are received, should include discussion of all points
Plan; National Priorities List: Deletion EPA will publish a timely withdrawal of
of the Shpack Landfill Superfund Site you wish to make. The EPA will
the direct final deletion in the Federal generally not consider comments or
AGENCY: Environmental Protection Register informing the public that the comment contents located outside of the
Agency (EPA). deletion will not take effect. primary submission (i.e. on the web,
ACTION: Direct final rule. ADDRESSES: Submit your comments, cloud, or other file sharing system). For
identified by Docket ID No. EPA–HQ– additional submission methods, the full
SUMMARY: The Environmental Protection SFUND–1986–0005 at http:// EPA public comment policy,
Agency (EPA) Region 1 is publishing a www.regulations.gov. Follow the online information about CBI or multimedia
direct final Notice of Deletion of the instructions for submitting comments. submissions, and general guidance on
Shpack Landfill Superfund Site (Site), Comments may also be submitted by making effective comments, please visit
located on Union Rd. and Peckham email or mail to Elaine Stanley, https://www2.epa.gov/dockets/
Streets in Norton and Attleboro, Remedial Project Manager, Office of Site commenting-epa-dockets. Publicly
Massachusetts, from the National Remediation and Restoration, Mail available docket materials are available
Priorities List (NPL). The NPL, Code: OSRR07–4, U.S. Environmental either electronically through http://
jstallworth on DSK7TPTVN1PROD with RULES
promulgated pursuant to section 105 of Protection Agency, Region 1, 5 Post www.regulations.gov or in hard copy at
the Comprehensive Environmental Office Square, Suite 100, Boston, MA the site information repositories.
Response, Compensation, and Liability 02109–3912, email address: Locations, contacts, phone numbers
Act (CERCLA) of 1980, as amended, is Stanley.ElaineT@epa.gov or Sarah and viewing hours are:
an appendix of the National Oil and White, Community Involvement • U.S. EPA Region I, Superfund
Hazardous Substances Pollution Coordinator, Office of the Regional Records Center, 5 Post Office Square,
Contingency Plan (NCP). This direct Administrator, Mail Code: ORA01–1, Suite 100, Boston, MA 02109, Phone:
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All Institutional Controls are in place Appendix B to Part 300—[Amended] SUPPLEMENTARY INFORMATION:
and currently EPA expects that no
■ 2. Table 1 of Appendix B to part 300 I. Does this action apply to me?
further Superfund response is needed to
is amended by removing ‘‘MA’’, A list of potentially affected entities is
protect human health and the
‘‘Shpack Landfill’’, ‘‘Norton/Attleboro’’. provided in the Federal Register of May
environment, except future operations
and maintenance, monitoring, and Five [FR Doc. 2017–14112 Filed 7–5–17; 8:45 am] 24, 2017 (82 FR 23735). If you have
Year Reviews. BILLING CODE 6560–50–P questions regarding the applicability of
this action to a particular entity, consult
V. Deletion Action the technical person listed under FOR
ENVIRONMENTAL PROTECTION FURTHER INFORMATION CONTACT.
The EPA, with concurrence of the AGENCY
State of Massachusetts through the II. What rule is being withdrawn?
MassDEP, has determined that all 40 CFR Part 770 In the May 24, 2017 Federal Register,
appropriate response actions under [EPA–HQ–OPPT–2017–0244; FRL–9963–74] EPA published both a direct final rule
CERCLA, other than operation, (see 82 FR 23735) and proposed rule
maintenance, monitoring and five-year RIN 2070–AK35 (see 82 FR 23769) pursuant to section
reviews have been completed. 601 of TSCA that would have extended
Compliance Date Extension; the December 12, 2016 published (see
Therefore, EPA is deleting the Site from Formaldehyde Emission Standards for
the NPL. 81 FR 89674) compliance dates for
Composite Wood Products emission standards, recordkeeping, and
Because EPA considers this action to
AGENCY: Environmental Protection labeling provisions, until March 22,
be noncontroversial and routine, EPA is 2018; extended the December 12, 2018
taking it without prior publication. This Agency (EPA).
ACTION: Direct final rule; withdrawal.
compliance date for import certification
action will be effective September 5, provisions until March 22, 2019; and
2017 unless EPA receives adverse extended the December 12, 2023
SUMMARY: In the Federal Register of
comments by August 7, 2017. If adverse May 24, 2017, EPA published both a compliance date for provisions
comments are received within the 30- direct final rule and proposed rule to applicable to producers of laminated
day public comment period, EPA will extend the compliance dates and products until March 22, 2024.
publish a timely withdrawal of this California Air Resource Board (CARB) Additionally, this action would have
direct final notice of deletion before the Third Party Certifier (TPC) transitional extended the CARB TPC transitional
effective date of the deletion, and it will period originally published in the period which is currently set to end
not take effect. EPA will prepare a Toxics Substances Control Act (TSCA) December 12, 2018, until March 22,
response to comments and continue Title VI formaldehyde emission 2019.
with the deletion process on the basis of standards for composite wood products Since the direct final rule and
the notice of intent to delete and the final rule on December 12, 2016. As proposed rule’s publication, EPA has
comments already received. There will noted in the direct final rule, if EPA received several comments on the
be no additional opportunity to received relevant adverse comment on proposed amendments to the
comment. the proposed amendments, the Agency compliance dates that the Agency
would publish a timely withdrawal of considers to be adverse. As a result of
List of Subjects in 40 CFR Part 300 the direct final rule in the Federal receiving adverse comments, EPA is
Register informing the public that the withdrawing the direct final rule
Environmental protection, Air published in the Federal Register on
pollution control, Chemicals, Hazardous direct final action will not take effect.
The Agency did receive adverse May 24, 2017. These comments are
waste, Hazardous substances, available for review in the public docket
comment on the proposed rule
Intergovernmental relations, Penalties, and suggest alternatives to the proposed
amendments, and is therefore
Reporting and recordkeeping action which EPA will address in a
withdrawing the direct final rule and
requirements, Superfund, Water will instead proceed with a final rule subsequent final rule.
pollution control, Water supply. based on the proposed rule after III. How do I access the docket?
Dated: May 31, 2017. considering all public comments.
To access the docket, please go to
Deborah A. Szaro, DATES: Effective July 6, 2017 the direct
http://www.regulations.gov and follow
Acting Regional Administrator Region 1. final rule published in the Federal the online instructions using the docket
Register of May 24, 2017 (82 FR 23735) ID number EPA–HQ–OPPT–2017–0244.
For the reasons set out in this (FRL–9962–86) is withdrawn. Additional information about the
document, 40 CFR part 300 is amended FOR FURTHER INFORMATION CONTACT: Docket Facility is also provided under
as follows: For technical information contact: ADDRESSES in the May 24, 2017 (82 FR
Erik Winchester, National Program 23735) Federal Register document. If
PART 300—NATIONAL OIL AND Chemicals Division, Office of Pollution you have questions, consult the
HAZARDOUS SUBSTANCES Prevention and Toxics, Environmental technical person listed under FOR
POLLUTION CONTINGENCY PLAN Protection Agency, 1200 Pennsylvania FURTHER INFORMATION CONTACT.
Ave. NW., Washington, DC 20460–0001;
■ 1. The authority citation for part 300 telephone number: 202–564–6450; IV. Good Cause Finding
jstallworth on DSK7TPTVN1PROD with RULES
is revised to read as follows: email address: winchester.erik@epa.gov. EPA finds that there is ‘‘good cause’’
Authority: 33 U.S.C. 1321(d); 42 U.S.C. For general information contact: The under the Administrative Procedure Act
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, TSCA-Hotline, ABVI-Goodwill, 422 (5 U.S.C. 553(b)(3)(B)) to withdraw the
2013 Comp., p. 306; E.O. 12777, 56 FR 54757, South Clinton Ave., Rochester, NY direct final rule discussed in this
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 14620; telephone number: (202) 554– document without prior notice and
FR 2923, 3 CFR, 1987 Comp., p. 193. 1404; email address: TSCA-Hotline@ comment. For this document, notice and
epa.gov. comment is impracticable and
VerDate Sep<11>2014 14:53 Jul 05, 2017 Jkt 241001 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1](https://thefederalregister.org/doc/82_FR_31391/page/5.svg)
Document Created: 2017-07-06 01:05:06
Document Modified: 2017-07-06 01:05:06
| 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 | Direct final rule. | |
| Dates | This direct final deletion is effective September 5, 2017 unless EPA receives adverse comments by August 7, 2017. If adverse comments are received, EPA will publish a timely withdrawal of the direct final deletion in the Federal Register informing the public that the deletion will not take effect. | |
| Contact | Elaine Stanley, Remedial Project Manager, Office of Site Remediation and Restoration, Mail Code: OSRR07- 4, U.S. Environmental Protection Agency, Region 1, 5 Post Office Square, Suite 100, Boston, MA 02109-3912, telephone number: 617-918- | |
| FR Citation | 82 FR 31263 | |
| 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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