83 FR 23408 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Fulton Terminals Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 98 (May 21, 2018)

Page Range		23408-23409
FR Document		2018-10800

The Fulton Terminals site (Site), located in the City of Fulton, Oswego County, New York, originally consisted of an approximately 1.5-acre ``On-Property'' area, bounded on the west by First Street, on the south by Shaw Street, on the east by New York State Route 481, and on the north by a warehouse, and an ``Off- Property'' area, defined by the area between the On-Property area's western property boundary to the Oswego River (approximately 50 feet). The On-Property area was deleted from the National Priorities List (NPL) on April 6, 2015 (80 FR 5957). The Off-Property area remained on the NPL because residual groundwater contamination was still present. Because the groundwater in the Off-Property area has achieved the cleanup levels, the U.S. Environmental Protection Agency (EPA) is issuing this Notice of Intent to Delete (NOID) the Off-Property area from the NPL and requests public comments on this proposed action.

Federal Register, Volume 83 Issue 98 (Monday, May 21, 2018)

[Federal Register Volume 83, Number 98 (Monday, May 21, 2018)]
[Proposed Rules]
[Pages 23408-23409]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10800]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9978-04-Region 2]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Fulton Terminals Superfund 
Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule; notice of intent to delete.

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SUMMARY: The Fulton Terminals site (Site), located in the City of 
Fulton, Oswego County, New York, originally consisted of an 
approximately 1.5-acre ``On-Property'' area, bounded on the west by 
First Street, on the south by Shaw Street, on the east by New York 
State Route 481, and on the north by a warehouse, and an ``Off-
Property'' area, defined by the area between the On-Property area's 
western property boundary to the Oswego River (approximately 50 feet). 
The On-Property area was deleted from the National Priorities List 
(NPL) on April 6, 2015 (80 FR 5957). The Off-Property area remained on 
the NPL because residual groundwater contamination was still present. 
Because the groundwater in the Off-Property area has achieved the 
cleanup levels, the U.S. Environmental Protection Agency (EPA) is 
issuing this Notice of Intent to Delete (NOID) the Off-Property area 
from the NPL and requests public comments on this proposed action.

DATES: Comments must be received by June 20, 2018.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1983-0002, at http://www.regulations.gov. Follow the online 
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 http://www2.epa.gov/dockets/commenting-epa-dockets.

FOR FURTHER INFORMATION CONTACT: Christos Tsiamis, Remedial Project 
Manager, Emergency and Remedial Response Division, U.S. Environmental 
Protection Agency, 290 Broadway, 20th Floor, New York, NY 10007-1866, 
212-637-4257, or [email protected].

SUPPLEMENTARY INFORMATION: Because residual groundwater contamination 
(cis-1,2-dichloroethene [DCE] and vinyl chloride [VC]) was still 
present in the Off-Property area, this area remained on the NPL, and 
groundwater monitoring

[[Page 23409]]

and five-year reviews were still required.
    Groundwater samples were collected from the Off-Property area in 
July 2016, June 2017, and September 2017 and they were analyzed for 
cis-1,2-DCE and VC. The reported concentrations of these constituents 
detected in the analyses of these samples were all below the cleanup 
levels, with two of the three being ``non-detect'' (i.e., 
concentrations were below the laboratory detection limits of 0.5 
micrograms per liter). Based on an analysis of all the groundwater 
monitoring wells and associated contaminant-specific data, it was 
concluded that the groundwater remedy has achieved the cleanup levels 
selected for the Site and data analysis indicates that the contaminant 
levels in the groundwater will remain below these standards. Therefore, 
the EPA has determined that the response action is completed and that 
no further monitoring or five-year reviews at the Site are necessary.
    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. The EPA and the State of New 
York, through the New York State Department of Environmental 
Conservation (NYSDEC), have determined that all appropriate response 
actions under CERCLA have been completed at the Site and that it no 
longer poses a threat to public health or the environment. Therefore, 
the EPA and NYSDEC have concluded that this NOID is appropriate. 
However, this deletion does not preclude future actions under Superfund 
should future conditions warrant such action.
    In the ``Rules and Regulations'' Section of today's Federal 
Register, the EPA is publishing a direct final Notice of Deletion (NOD) 
of the Site without prior NOID because the EPA views this as a 
noncontroversial revision and anticipates no adverse comment. The EPA 
has explained its reasons for this deletion in the preamble to the 
direct final NOD. If the EPA receives no adverse comment(s) on this 
deletion action, the EPA will proceed with the deletion without further 
action on this NOID. If the EPA receives adverse comment(s), the EPA 
will withdraw the direct final NOD, and it will not take effect. The 
EPA will, as appropriate, address all public comments in a subsequent 
final NOD based on this NOID. The EPA will not institute a second 
comment period on this NOID. Any parties interested in commenting must 
do so at this time.
    For additional information, see the direct final NOD, which is in 
the ``Rules'' section of this Federal Register.

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. 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.

     Dated: April 19, 2018.
 Peter D. Lopez,
 Regional Administrator, EPA Region 2.
[FR Doc. 2018-10800 Filed 5-18-18; 8:45 am]
 BILLING CODE 6560-50-P

23408 Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules

III. Incorporation by Reference affect small governments, as described west by First Street, on the south by
In this rule, EPA is proposing to in the Unfunded Mandates Reform Act Shaw Street, on the east by New York
include in a final EPA rule regulatory of 1995 (Pub. L. 104–4); State Route 481, and on the north by a
text that includes incorporation by • Does not have Federalism warehouse, and an ‘‘Off-Property’’ area,
reference. In accordance with implications as specified in Executive defined by the area between the On-
requirements of 1 CFR 51.5, EPA is Order 13132 (64 FR 43255, August 10, Property area’s western property
proposing the incorporation by 1999); boundary to the Oswego River
reference of Chapter 4 of Part II, Section • Is not an economically significant (approximately 50 feet). The On-
4–41, Rule 21 of the Chattanooga City regulatory action based on health or Property area was deleted from the
Code ‘‘Ambient Air Quality Standards.’’ safety risks subject to Executive Order National Priorities List (NPL) on April 6,
effective June 11, 2008, which revised 13045 (62 FR 19885, April 23, 1997); 2015 (80 FR 5957). The Off-Property
criteria pollutants. EPA has made, and • Is not a significant regulatory action area remained on the NPL because
will continue to make, these materials subject to Executive Order 13211 (66 FR residual groundwater contamination
generally available through 28355, May 22, 2001); was still present. Because the
www.regulations.gov and at the EPA • Is not subject to requirements of groundwater in the Off-Property area
Region 4 Office (please contact the section 12(d) of the National has achieved the cleanup levels, the
person identified in the FOR FURTHER Technology Transfer and Advancement U.S. Environmental Protection Agency
INFORMATION CONTACT section of this Act of 1995 (15 U.S.C. 272 note) because (EPA) is issuing this Notice of Intent to
preamble for more information). application of those requirements would Delete (NOID) the Off-Property area
be inconsistent with the CAA; and from the NPL and requests public
IV. Proposed Action • Does not provide EPA with the comments on this proposed action.
Pursuant to section 110 of the CAA, discretionary authority to address, as DATES: Comments must be received by
EPA is proposing to approve the appropriate, disproportionate human June 20, 2018.
aforementioned changes to Tennessee’s health or environmental effects, using
SIP for Chapter 4 of Part II, Section 4– practicable and legally permissible ADDRESSES: Submit your comments,
41, Rule 21. EPA has evaluated the methods, under Executive Order 12898 identified by Docket ID No. EPA–HQ–
relevant portion of Tennessee’s June 25, (59 FR 7629, February 16, 1994). SFUND–1983–0002, at http://
2008, SIP revision and has determined The SIP is not approved to apply on www.regulations.gov. Follow the online
that it meets the applicable any Indian reservation land or in any instructions for submitting comments.
requirements of the CAA and EPA other area where EPA or an Indian tribe Once submitted, comments cannot be
regulations. has demonstrated that a tribe has edited or removed from Regulations.gov.
jurisdiction. In those areas of Indian The EPA may publish any comment
V. Statutory and Executive Order received to its public docket. Do not
Reviews country, the rule does not have tribal
implications as specified by Executive submit electronically any information
Under the CAA, the Administrator is Order 13175 (65 FR 67249, November 9, you consider to be Confidential
required to approve a SIP submission 2000), nor will it impose substantial Business Information (CBI) or other
that complies with the provisions of the direct costs on tribal governments or information whose disclosure is
Act and applicable Federal regulations. preempt tribal law. restricted by statute. Multimedia
See 42 U.S.C. 7410(k); 40 CFR 52.02(a). submissions (audio, video, etc.) must be
Thus, in reviewing SIP submissions, Authority: 42 U.S.C. 7401 et seq. accompanied by a written comment.
EPA’s role is to approve state choices, Dated: May 7, 2018. The written comment is considered the
provided that they meet the criteria of Onis ‘‘Trey’’ Glenn, III, official comment and should include
the CAA. This action merely proposes to Regional Administrator, Region 4. discussion of all points you wish to
approve state law as meeting Federal [FR Doc. 2018–10688 Filed 5–18–18; 8:45 am] make. The EPA will generally not
requirements and does not impose BILLING CODE 6560–50–P
consider comments or comment
additional requirements beyond those contents located outside of the primary
imposed by state law. For that reason, submission (i.e., on the web, cloud, or
this proposed action: ENVIRONMENTAL PROTECTION other file sharing system). For
• Is not a significant regulatory action AGENCY additional submission methods, the full
subject to review by the Office of EPA public comment policy,
Management and Budget under 40 CFR Part 300 information about CBI or multimedia
Executive Orders 12866 (58 FR 51735, submissions, and general guidance on
[EPA–HQ–SFUND–1983–0002; FRL–9978–
October 4, 1993) and 13563 (76 FR 3821, 04–Region 2] making effective comments, please visit
January 21, 2011); http://www2.epa.gov/dockets/
• Is not an Executive Order 13771 (82 National Oil and Hazardous commenting-epa-dockets.
FR 9339, February 2, 2017) regulatory Substances Pollution Contingency FOR FURTHER INFORMATION CONTACT:
action because SIP approvals are Plan; National Priorities List: Deletion Christos Tsiamis, Remedial Project
exempted under Executive Order 12866; of the Fulton Terminals Superfund Site Manager, Emergency and Remedial
• Does not impose an information
AGENCY: Environmental Protection Response Division, U.S. Environmental
collection burden under the provisions
Agency. Protection Agency, 290 Broadway, 20th
of the Paperwork Reduction Act (44
sradovich on DSK3GMQ082PROD with PROPOSALS

Floor, New York, NY 10007–1866, 212–
U.S.C. 3501 et seq.); ACTION: Proposed rule; notice of intent
• Is certified as not having a 637–4257, or tsiamis.christos@epa.gov.
to delete.
significant economic impact on a SUPPLEMENTARY INFORMATION: Because
substantial number of small entities SUMMARY: The Fulton Terminals site residual groundwater contamination
under the Regulatory Flexibility Act (5 (Site), located in the City of Fulton, (cis-1,2-dichloroethene [DCE] and vinyl
U.S.C. 601 et seq.); Oswego County, New York, originally chloride [VC]) was still present in the
• Does not contain any unfunded consisted of an approximately 1.5-acre Off-Property area, this area remained on
mandate or significantly or uniquely ‘‘On-Property’’ area, bounded on the the NPL, and groundwater monitoring

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Federal Register / Vol. 83, No. 98 / Monday, May 21, 2018 / Proposed Rules 23409

and five-year reviews were still Any parties interested in commenting SFUND–1983–0002, by one of the
required. must do so at this time. following methods:
Groundwater samples were collected For additional information, see the (1) http://www.regulations.gov.
from the Off-Property area in July 2016, direct final NOD, which is in the Follow the online instructions for
June 2017, and September 2017 and ‘‘Rules’’ section of this Federal Register. submitting comments. Once submitted,
they were analyzed for cis-1,2-DCE and comments cannot be edited or removed
List of Subjects in 40 CFR Part 300
VC. The reported concentrations of from Regulations.gov. The EPA may
these constituents detected in the Environmental protection, Air publish any comment received to its
analyses of these samples were all pollution control, Chemicals, Hazardous public docket. Do not submit
below the cleanup levels, with two of substances, Hazardous waste, electronically any information you
the three being ‘‘non-detect’’ (i.e., Intergovernmental relations, Penalties, consider to be Confidential Business
concentrations were below the Reporting and recordkeeping Information (CBI) or other information
laboratory detection limits of 0.5 requirements, Superfund, Water whose disclosure is restricted by statute.
micrograms per liter). Based on an pollution control, Water supply. Multimedia submissions (audio, video,
analysis of all the groundwater Authority: 33 U.S.C. 1321(d); 42 U.S.C. etc.) must be accompanied by a written
monitoring wells and associated 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, comment. The written comment is
contaminant-specific data, it was 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, considered the official comment and
concluded that the groundwater remedy 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 should include discussion of all points
has achieved the cleanup levels selected FR 2923, 3 CFR, 1987 Comp., p. 193. you wish to make. The EPA will
for the Site and data analysis indicates Dated: April 19, 2018. generally not consider comments or
that the contaminant levels in the Peter D. Lopez, comment contents located outside of the
groundwater will remain below these Regional Administrator, EPA Region 2. primary submission (i.e., on the web,
standards. Therefore, the EPA has [FR Doc. 2018–10800 Filed 5–18–18; 8:45 am] cloud, or other file sharing system). For
determined that the response action is BILLING CODE 6560–50–P
additional submission methods, the full
completed and that no further EPA public comment policy,
monitoring or five-year reviews at the information about CBI or multimedia
Site are necessary. ENVIRONMENTAL PROTECTION submissions, and general guidance on
The NPL, promulgated pursuant to AGENCY making effective comments, please visit
Section 105 of the Comprehensive http://www2.epa.gov/dockets/
Environmental Response, 40 CFR Part 300 commenting-epa-dockets.
Compensation, and Liability Act (2) Email: Laura Knudsen,
[EPA–HQ–SFUND–1983–0002; FRL–9978–
(CERCLA) of 1980, as amended, is an 25—Region 10]
Community Involvement Coordinator, at
appendix of the National Oil and knudsen.laura@epa.gov.
Hazardous Substances Pollution National Oil and Hazardous (3) Mail: Laura, Knudsen, U.S. EPA
Contingency Plan. The EPA and the Substances Pollution Contingency Region 10, 1200 Sixth Avenue, Suite
State of New York, through the New Plan; National Priorities List: Deletion 155, RAD–202–3, Seattle, Washington
York State Department of of the Frontier Hard Chrome, Inc. 98101–3123.
Environmental Conservation (NYSDEC), Superfund Site (4) Hand delivery: Records Center,
have determined that all appropriate U.S. EPA Region 10, 1200 Sixth Avenue,
response actions under CERCLA have AGENCY: Environmental Protection Suite 155, Seattle, Washington. Monday
been completed at the Site and that it no Agency (EPA). through Friday, except Federal holidays,
longer poses a threat to public health or ACTION: Proposed rule; notice of intent. between 9:00 a.m. and 5:00 p.m. Such
the environment. Therefore, the EPA deliveries are only accepted during the
SUMMARY: The Environmental Protection Docket’s normal hours of operation, and
and NYSDEC have concluded that this
Agency (EPA) Region 10 is issuing a special arrangements should be made
NOID is appropriate. However, this
deletion does not preclude future Notice of Intent to Delete Frontier Hard for deliveries of boxed information.
actions under Superfund should future Chrome, Inc. (FHC) Superfund Site Instructions: Direct your comments to
conditions warrant such action. (Site) located in Vancouver, Docket ID no. EPA–HQ–SFUND–1983–
In the ‘‘Rules and Regulations’’ Washington, from the National Priorities 0002. The EPA’s policy is that all
Section of today’s Federal Register, the List (NPL) and requests public comments received will be included in
EPA is publishing a direct final Notice comments on this proposed action. The the public docket without change and
of Deletion (NOD) of the Site without NPL, promulgated pursuant to Section may be made available online at http://
prior NOID because the EPA views this 105 of the Comprehensive www.regulations.gov, including any
as a noncontroversial revision and Environmental Response, personal information provided, unless
anticipates no adverse comment. The Compensation, and Liability Act the comment includes information
EPA has explained its reasons for this (CERCLA) of 1980, is an appendix of the claimed to be Confidential Business
deletion in the preamble to the direct National Oil and Hazardous Substances Information (CBI) or other information
final NOD. If the EPA receives no Pollution Contingency Plan (NCP). The whose disclosure is restricted by statute.
adverse comment(s) on this deletion EPA and the State of Washington, Do not submit information that you
action, the EPA will proceed with the through the Department of Ecology, consider to be CBI or otherwise
deletion without further action on this have determined that all appropriate protected through http://
sradovich on DSK3GMQ082PROD with PROPOSALS

NOID. If the EPA receives adverse response actions under CERCLA have www.regulations.gov or email. The
comment(s), the EPA will withdraw the been completed. However, this deletion http://www.regulations.gov website is
direct final NOD, and it will not take does not preclude future actions under an ‘‘anonymous access’’ system, which
effect. The EPA will, as appropriate, Superfund. means the EPA will not know your
address all public comments in a DATES: Comments must be received by identity or contact information unless
subsequent final NOD based on this June 20, 2018. you provide it in the body of your
NOID. The EPA will not institute a ADDRESSES: Submit your comments, comment. If you send an email
second comment period on this NOID. identified by Docket ID no. EPA–HQ– comment directly to the EPA without

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Document Created: 2018-11-02 11:07:28
Document Modified: 2018-11-02 11:07:28

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		Proposed Rules
Action		Proposed rule; notice of intent to delete.
Dates		Comments must be received by June 20, 2018.
Contact		Christos Tsiamis, Remedial Project Manager, Emergency and Remedial Response Division, U.S. Environmental Protection Agency, 290 Broadway, 20th Floor, New York, NY 10007-1866, 212-637-4257, or [email protected]
FR Citation		83 FR 23408
CFR Associated		Environmental Protection; Air Pollution Control; Chemicals; Hazardous Substances; Hazardous Waste; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Superfund; Water Pollution Control and Water Supply