83 FR 33134 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Naval Industrial Reserve Ordnance Plant Superfund Site
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 137 (July 17, 2018)
Federal Register Volume 83, Issue 137 (July 17, 2018)
| Page Range | 33134-33139 | |
| FR Document | 2018-15240 |
[Federal Register Volume 83, Number 137 (Tuesday, July 17, 2018)] [Rules and Regulations] [Pages 33134-33139] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15240] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-SFUND-1989-0007; FRL-9980-71--Region 5] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Partial Deletion of the Naval Industrial Reserve Ordnance Plant Superfund Site AGENCY: Environmental Protection Agency (EPA). ACTION: Direct final rule. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) Region 5 is publishing a direct final Notice of Deletion of Operable Unit 3 (OU3) of the Naval Industrial Reserve Ordnance Plant (NIROP) Superfund Site (Site), located in Fridley, Minnesota, 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 partial deletion is being published by EPA with the concurrence of the State of Minnesota, through the Minnesota Pollution Control Agency (MPCA), because EPA has determined that all appropriate response actions under CERCLA at OU3, other than operation, maintenance, and five-year reviews, have been completed. However, this partial deletion does not preclude future actions under Superfund. DATES: This direct final partial deletion is effective September 17, 2018 unless EPA receives adverse comments by August 16, 2018. 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-1989-0007, by one of the following methods: 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. Email: [email protected]. Mail: Randolph Cano, NPL Deletion Coordinator, U.S. Environmental Protection Agency Region 5 (SR-6J), 77 West Jackson Boulevard, Chicago, IL 60604, (312) 886-6036. Hand deliver: Superfund Records Center, U.S. Environmental Protection Agency Region 5, 77 West Jackson Boulevard, 7th Floor South, Chicago, IL 60604, (312)886-0900. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. The normal business hours are Monday through Friday, 8 a.m. to 4 p.m., excluding Federal holidays. Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND- 1989-0007. The http://www.regulations.gov website is an ``anonymous access'' system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without [[Page 33135]] 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 statue. 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. Environmental Protection Agency, Region 5, Superfund Records Center, 77 West Jackson Boulevard, 7th Floor South, Chicago, IL 60604, Phone: (312) 886-0900, Hours: Monday through Friday, 8 a.m. to 4 p.m., excluding Federal holidays. Mississippi Library, 410 Mississippi St. NE, Fridley, MN 55432, Phone: (763) 324-1560, Hours: Monday and Wednesday, 12:00 p.m. to 8:00 p.m., Tuesday and Thursday, 10:00 a.m. to 6:00 p.m., Friday, 12:00 p.m. to 6:00 p.m. and Saturday 10:00 a.m. to 5:00 p.m. The Navy has an online repository for the NIROP Site at the link below. Please click on the Administrative Records link to see all the documents. http://www.navfac.navy.mil/products_and_services/ev/products_and_services/env_restoration/administrative_records.html?p_instln_id=FRIDLEY_NIROP. The Minnesota Pollution Control Agency has an information repository for the NIROP Site at their offices: 520 Lafayette Road, St. Paul, MN 55155. Call (651) 296-6300 or toll-free at (800) 657-3864 to schedule an appointment. FOR FURTHER INFORMATION CONTACT: Randolph Cano, NPL Deletion Coordinator, U.S. Environmental Protection Agency Region 5 (SR-6J), 77 West Jackson Boulevard, Chicago, IL 60604, (312)886-6036, or via email at [email protected]. SUPPLEMENTARY INFORMATION: Table of Contents I. Introduction II. NPL Deletion Criteria III. Partial Deletion Procedures IV. Basis for Site Partial Deletion V. Partial Deletion Action I. Introduction EPA Region 5 is publishing this direct final Notice of Partial Deletion for the Naval Industrial Reserve Ordnance Plant (NIROP) Superfund Site (Site) from the National Priorities List (NPL). This partial deletion pertains to OU3, which includes all the unsaturated soils underlying the former Plating Shop Area. 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 NIROP 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 National Priorities List. 60 FR 55466 (Nov. 1, 1995). As described in 300.425(e)(3) of the NCP, a portion of a site deleted from the NPL remains eligible for Fund-financed remedial action if future conditions warrant such actions. 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 OU3 of the NIROP Site and demonstrates how OU3 meets the deletion criteria. Section V discusses EPA's action to partially delete OU3 of 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 (FYRs) 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 FYRs 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 OU3 of the NIROP Site: (1) EPA has consulted with the State of Minnesota prior to developing this direct final Notice of Partial Deletion and the Notification of Intent for Partial Deletion published in the ``Proposed Rules'' section of the Federal Register. (2) EPA has provided the State thirty (30) working days for review of this action and the parallel Notification of Intent for Partial Deletion prior to their publication today, and the State, through the Minnesota Pollution Control Agency (MPCA), 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 Notification of Intent for Partial Deletion is being published in a major local newspaper, the Sun Focus, located in Fridley, Minnesota. The newspaper notice announces the 30-day public comment period concerning the Notification of Intent for Partial Deletion of the Site from the NPL. (4) 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 in the Addresses Section of this rule. [[Page 33136]] (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 Site Partial Deletion The following information provides EPA's rationale for deleting OU3 of the NIROP Site from the NPL. EPA believes it is appropriate to delete OU3 of the NIROP Site because all appropriate response actions under CERCLA, other than operation, maintenance, and FYRs, have been completed at OU3 and it is ready for redevelopment as a commercial and/ or industrial property. Site Background and History The NIROP Site (CERCLIS ID MN3170022914) is located in the northern portion of the Minneapolis/St. Paul Metropolitan Area in an industrial/ commercial area at 4800 E. River Road within the limits of Fridley, Anoka County, Minnesota. The NIROP Site is not adjacent to any residential areas and is not located in an environmentally sensitive area, nor near any known environmentally sensitive areas. The Site is approximately 82.6 acres, most of which are covered with buildings or pavement. The U.S. Navy and/or its contractors produced advanced weapons systems at the facility beginning in 1940. In 2004, the U.S. Navy sold the property to FMC (now BAE). BAE then sold the property to ELT Minneapolis, LLC. ELT Minneapolis owned the former NIROP property and leased the space to United Defense LP until 2013. In 2013, ELT sold the property to Fridley Land, LLC, the current owner. Fridley Land LLC is in the process of redeveloping the property in phases for commercial and/or industrial use. The formerly government-owned portion of the facility constitutes what is now the NIROP Site. See the site map in NIROP Map Delineating Operable Units, Docket Document ID No. EPA-HQ-SFUND-1989-0007-0075 in the Deletion Docket for OU3. (Note: portions of the main facility building depicted in the Site Map have since been demolished for redevelopment.) The Site Map also shows that the southern portion of the original facility is not part of the NIROP Site. The Navy and/or its contractors disposed paint sludges and chlorinated solvents generated from ordnance manufacturing processes in pits and trenches in the undeveloped area of the NIROP Site immediately north of the main facility building in the early 1970s. This area is called the North 40 area. MPCA received information concerning the historical waste disposal practices at NIROP and about the contaminant sources in the North 40 area and beneath the NIROP building in 1980. Trichloroethylene (TCE) was discovered in on-site groundwater wells and in the City of Minneapolis's drinking water treatment plant intake pipe, located in the Mississippi River less than 1 mile downstream from the Site, in 1981. The Navy conducted investigations in 1983 which identified pits and trenches in the North 40 area of the NIROP Site where drummed wastes were deposited. The Navy excavated approximately 1,200 cubic yards of contaminated soil and 43 (55-gallon) drums and disposed them off-site from November 1983 to March 1984. EPA proposed the NIROP Site to the NPL on July 14, 1989 (54 FR 29820). EPA finalized the NIROP Site on the NPL on November 21, 1989 (54 FR 48184). EPA, MPCA and the Navy signed a Federal Facilities Agreement (FFA) in March 1991. Per the FFA, one of the purposes of that agreement was to ''Identify alternatives for Remedial Action for Operable Units'' appropriate for the Site prior to the implementation of Final Remedial Actions for the Site. EPA divided the NIROP Site into three operable units (OUs) to make it easier to address the contaminant issues at the Site. OU3, the subject of this partial deletion, includes all the unsaturated soils underlying the former Plating Shop Area of the Site. The extent of OU3 is detailed in the site map in NIROP Map Delineating Operable Units, Docket Document ID No. EPA-HQ-SFUND-1989-0007-0075 in the Deletion Docket for OU3. The current scope of OU3 is provided in EPA's August 12, 2013 Memorandum to File that restructured the OUs at the Site. OU3 initially included: (1) All saturated and unsaturated soil underneath the main NIROP manufacturing building, excluding the extreme southern portion of the building, and (2) all saturated soil under and outside the main NIROP manufacturing building, within the legal boundaries of the Site. EPA's 2013 Memorandum limited the scope of OU3 to unsaturated soil under the former Plating Shop Area. The saturated soils that were initially part of OU3 are now included with OU1. The remaining unsaturated soil under the main NIROP building outside the former Plating Shop Area that were part of OU3 are being addressed as part of OU2. OU1, which includes the contaminated groundwater within and originating from the NIROP Site, and now saturated soils, will remain on the NPL and is not being considered for deletion as part of this action. EPA deleted OU2, which includes all the unsaturated soils within the legal boundaries of the NIROP Site excluding the unsaturated soils under the former Plating Shop Area, from the NPL effective August 29, 2014 (79 FR 36658, June 30, 2014). Remedial Investigation and Feasibility Study (RI/FS) The groundwater in the unconsolidated aquifer beneath the Site is contaminated with volatile organic compounds (VOCs), including: TCE, 1,1,1-trichloroethane (TCA), 1,2-dichloroethylene (DCE), tetrachloroethylene (PERC), 1,1-dichloroethane, toluene, xylene, and ethylbenzene. Some or all of the contaminants identified are hazardous substances as defined in section 104(14) of CERCLA, 42 U.S.C. 9601(14), and 40 CFR 302.4. TCE was found more frequently and at higher concentrations than any other VOC, and is considered to be the best indicator chemical for the Site. In April 1995, the Navy was renovating the East Plating Shop (now called the former Plating Shop Area or OU3) inside the main manufacturing building, to accommodate an electrical assembly facility. During the renovation, when all of the tanks were removed and prior to the floor repairs being made, the Navy collected soil and groundwater samples to determine whether past plating activities had impacted soil and groundwater beneath the building. The Navy detected TCE, TCA, PERC and DCE at elevated levels in soil and groundwater. The Navy also found [[Page 33137]] elevated metals concentrations, including chromium, in the vicinity of a former sump. (Note: With the ongoing redevelopment at the Site, OU3 is no longer inside the main manufacturing building. The portion of the building that housed OU3 has since been demolished.) The Navy detected the highest concentrations of TCE and PERC in the 1995 sampling event in surface (0 to 4 feet below ground surface [bgs]), shallow subsurface (4 to 12 feet bgs), and deep subsurface (>12 feet bgs) soil samples collected from the East Plating Shop. This indicated the possible presence of a ``hot spot'' of TCE and PERC in this area and the likelihood that the East Plating Shop was the source area for these VOCs and chromium. The 2002 Baseline Human Health Risk Assessment (HHRA) identified an unacceptable potential risk/hazard in OU3 for exposure to soil in the East Plating Shop area under the major-infrequent construction worker exposure scenario. The major-infrequent construction worker exposure scenario assumed construction workers would have a short-term exposure to the maximum concentration of soil contaminants detected from 0-12 feet bgs in the East Plating Shop area during major modifications to the building slab and foundations. The HHRA did not identify any unacceptable risks or hazards to exposure to OU3 soil under a commercial/industrial scenario. The cancer risk calculated for the major-infrequent construction worker in the 2002 HHRA was 2.1 x 10-6. This risk is within EPA's acceptable risk range of 1 x 10-4 to 1 x 10-6, but exceeds MPCA's acceptable subchronic incremental cancer risk of 1 x 10-6. The noncancer risks calculated for the major-infrequent construction worker in OU3 in the 2002 HHRA was a hazard quotient (HQ) of 1.35 for chromium, and a total hazard index (HI) of 2.9 for all chemicals. These levels exceed EPA's acceptable noncancer HQ of 1 for individual contaminants and a HI of 1 for multiple chemicals, and MCPA's acceptable subchronic HQ and HI levels of 1 for individual and multiple chemicals. Chromium is most commonly present in its less-toxic trivalent form because environmental conditions typically favor the reduction of the more-toxic hexavalent chromium to its less-toxic trivalent state. The 2002 HHRA, however, conservatively assumed that 100 percent of the chromium detected in the East Plating Shop area was in the hexavalent form, due to the absence of site-specific speciated data and considering historic Site use. Based on this assumption of 100 percent hexavalent chromium, the potential risks to OU3 receptors from exposure to chromium in the 2002 HHRA were likely overestimated. Several years after the OU3 remedy was selected and implemented, in 2015, the Navy conducted additional soil sampling in OU3 for total and hexavalent chromium analysis. The analytical results show that at most, the more toxic hexavalent chromium constitutes only 7 percent of the total OU3 chromium measured. The 2015 total and hexavalent chromium concentrations in soil were both below the MPCA soil reference values for industrial use. The Navy used these speciated chromium results to complete a more accurate, focused risk assessment for OU3 chromium in 2016. In 2016, the Navy also excavated soils beneath the East Plating Shop to remove a potential source of TCE to the groundwater. The excavated soil was in the same area as the elevated chromium concentrations evaluated in the 2002 HHRA. This soil removal aided in reducing any potential health risks associated with chromium. The Navy completed the Focused Human Health Risk Assessment (FHHRA) for the East Plating Shop area in 2016. The Navy did not include in the data set the soil samples collected in 2015 in the areas subsequently excavated as part of the 2016 East Plating Shop excavation because they were no longer present or available for contact by human receptors. The FHHRA determined that, for the major-infrequent construction worker exposure scenario, the potential non-cancer HI for all contaminants of potential concern (COPCs)/target organs combined is 0.16. This HI is below EPA's and MPCA's target HI of 1 and does not exceed MPCA's target HQ level of 0.2 for individual COCs. Therefore, the 2016 FHHRA concluded that there are no unacceptable risks or hazards for major-infrequent construction workers who may be exposed to chemicals in mixed OU3 soil. Selected Remedy EPA, MPCA and the Navy issued a Record of Decision (ROD) for OU1 on September 28, 1990, and a ROD for OU2 and OU3 on September 17, 2003. EPA issued a Memorandum to File on September 5, 2013 clarifying the OU definitions at the site. The changes to the structure of the OUs in the 2013 Memorandum to File did not alter any of the selected remedies for the Site. EPA, MPCA and the Navy issued an Explanation of Significant Differences (ESD) documenting a requirement for groundwater institutional controls (ICs) as part of the OU1 remedy on September 26, 2014. EPA, MPCA and the Navy issued an ESD documenting a change in some of the IC requirements for OU3 on July 19, 2017. These documents are available the Docket under Docket Document IDs EPA-HQ-SFUND-1989-0007- 0062 (1990 OU1 ROD), EPA-HQ-SFUND-1989-0007-0063 (2003 OU2 and OU3 ROD), EPA-HQ-SFUND-1989-0007-0068 (2013 Memorandum to File), EPA-HQ- SFUND-1989-0007-0069 (2014 OU1 ESD) and EPA-HQ-SFUND-1989-0007-0071 (2017 OU3 ESD). The original remedial action objectives (RAOs) for OU3 in the 2003 OU2 and OU3 ROD were: (1) To prevent unacceptable risks due to residential or other unrestricted exposures to contaminated soils at the Site, and (2) to prevent unacceptable risks to industrial or construction workers due to exposures to contaminated soils at the Site. The remedial action specified for OU3 soils in the 2003 ROD were engineering controls (ECs) and ICs. The original selected remedy for OU3 was: (1) To restrict the use of the Property to industrial or restricted commercial use, until and unless EPA and MPCA determine that concentrations of hazardous substances in the soils have been reduced to levels that allow for a less restrictive use; (2) to prohibit the disturbance of soils beneath the Designated Restricted Area known as the concrete pit foundations where metal-finishing operations previously occurred at the former Plating Shop within the Main Manufacturing Building without the prior written approval of the EPA and MPCA; and (3) to ensure that the concrete pit floor (approximately 8 to 12 feet below grade floor) where metal finishing operations previously occurred at the former Plating Shop within the Main Manufacturing Building is not removed without the prior written approval of EPA and MPCA. That floor will serve as an EC. On July 19, 2017, EPA, MPCA and the Navy issued an ESD to remove the requirement for some of the ICs and ECs in the OU3 remedy. The remedy components described in the 2003 OU2 and OU3 ROD were initially required to ensure the long-term protectiveness of the OU3 soil because the OU3 soil contamination remained at the Site above levels that allow for unlimited use and unrestricted exposure. The 2017 ESD modified the selected remedy for OU3 by removing the second and third remedy components described above from the OU3 remedy. [[Page 33138]] Specifically, there was no longer a need to prohibit the disturbance of soils beneath the former Plating Shop area, nor to ensure that the concrete pit floor at the former Plating Shop remains in place. EPA, MPCA and the Navy included these two OU3 remedy components in the 2003 ROD based on the conservative assumption in the 2002 HHRA that all of the chromium in OU3 soil was in the more-toxic hexavalent form. Based on the 2015 sampling data, which included speciated chromium results, and the 2016 FHHRA, which found no unacceptable risks or hazards for the major-infrequent construction worker scenario at OU3, the floor in the Plating Shop is no longer needed as an EC and OU3 ICs prohibiting the soils beneath the Plating Shop from being disturbed are no longer necessary. The IC restricting OU3 to industrial or restricted commercial use in the 2003 OU2 and OU3 ROD [i.e., OU3 remedy component (1) listed above], remains part of the selected remedy for OU3. Implemented ICs at the Site are shown in Figure 2 of the 2017 OU3 ESD in the Docket (Docket Document ID No. EPA-HQ-SFUND-1989-0007-0071). Response Actions EPA concurred with the Navy's March 2004 Land Use Control Remedial Design (LUCRD) for OU3 in August 2004. The LUCRD specifies how the OU3 remedy will be implemented, maintained, and enforced if any breach of the remedy should occur. The LUCRD details the Navy's continuing responsibilities with respect to OU3, including: Ensuring that annual on-site physical inspections of OU3 are performed to confirm continued compliance with all Land Use Control (LUC) Performance Objectives; ensuring that annual LUC Compliance Certifications are provided to EPA and MPCA that explain any deficiency, if found; conducting FYRs of the remedy as required by CERCLA and the NCP; notifying EPA and MPCA prior to any planned property conveyance; providing EPA and MPCA the opportunity to review the text of intended deed provisions; and notifying EPA and MPCA if Site activities might interfere with LUC effectiveness. The LUCs were incorporated into a Quitclaim Deed that was executed by the property owner, the United States and MPCA on June 17, 2004. The Quitclaim Deed acts as an environmental covenant describing the property restrictions. The deed restrictions run with the land such that any subsequent property owner is bound by the same restrictions. The LUCs are to remain in place until EPA and MPCA determine that the concentrations of hazardous substances in the OU3 soils have been reduced to levels that allow for a less restrictive use. In 2017, EPA, MPCA and the Navy issued an ESD for OU3 removing the requirement for two of the three OU3 LUCs required by the 2003 OU2 and OU3 ROD. The 2017 ESD removed the requirement for the LUCs that required the concrete pit floor in the former Plating Shop to remain in place and for the soils in the former Plating Shop area to remain undisturbed. Cleanup Levels There was no cleanup associated with the original remedy for OU3. In 2016, however, soils beneath the East Plating Shop were excavated and replaced with clean soil to address a potential source of TCE to the groundwater as part of OU1. The excavated soil was in the same area as the elevated chromium concentrations evaluated in the 2002 HHRA. The 2016 TCE soil removal also aided in reducing any potential health risk associated with chromium. This further justified the removal of the LUCs for the former Plating Shop floor and for the soil below the floor described in the 2017 OU3 ESD. Operation and Maintenance The Navy is the lead agency for the Site and is responsible for conducting routine inspections to ensure that the LUCs are maintained and enforced. The Navy is responsible for reporting the results of the inspections and any breach of the LUCs to the MPCA and EPA. Five-Year Review The Navy conducted the last FYR at the Site in October 2013. The 2013 FYR concluded that the remedy at NIROP for OU3 is protective of human health and the environment. The 2013 FYR did not identify any issues or recommendations for OU3. The FYR calls for the Navy to continue long-term stewardship to ensure that the LUC restricting land use at the Site to industrial or restricted commercial use is maintained. The next FYR for the Site is scheduled for October 2018. Redevelopment Redevelopment is currently underway to redevelop the NIROP Site into a commercial office/warehouse complex. This redevelopment is consistent with the existing Land Use Designation for the Site. The three parties to the FFA agree that delisting OU3 from the NPL will facilitate the redevelopment effort and allow OU3 to become eligible for State and Federal Brownfields funding. Superfund NPL site property is not eligible for Federal Brownfields funding. A developer has enrolled the NIROP Site and adjacent land into MPCA's Voluntary Investigation and Cleanup (VIC) program. In conjunction with the redevelopment of the NIROP Site, any additional investigations will be conducted under the oversight and direction of MPCA's VIC program. Under the VIC program, MPCA also requested that all buildings at the NIROP Site have vapor mitigation units installed them and the builder has complied. 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. EPA published a document announcing this proposed Direct Final Partial Deletion and announcing the 30-day public comment period in the Sun Focus concurrent with publishing this partial deletion in the Federal Register. Documents in the deletion docket, which EPA relied on for recommending the partial deletion of the Site from the NPL, are available to the public in the information repositories and at www.regulations.gov. Documents in the docket include maps which identify the specific parcels of land that are included in this proposed Direct Final Partial Deletion (i.e., OU3). Determination That the Criteria for Partial Deletion Have Been Met The NCP (40 CFR 300.425(e)) states that portions of a site may be deleted from the NPL when no further response action is appropriate in that area or media. All cleanup actions specified for OU3 of the NIROP Site in the 2003 OU2 and OU3 ROD and the 2017 OU3 ESD have been implemented at the Site. EPA, in consultation with the State of Minnesota, has determined that no further action is warranted to protect human health and the environment at OU3 and that OU3 of the NIROP Site meets the criteria for Partial Deletion from the NPL. V. Partial Deletion Action EPA, with concurrence of the State of Minnesota through the MPCA, has determined that all appropriate response actions under CERCLA at OU3, other than operation, maintenance, and five-year reviews, have been completed. Therefore, EPA is deleting OU3 of the NIROP Site from the NPL. Because EPA considers this action to be noncontroversial and routine, EPA is [[Page 33139]] taking it without prior publication. This action will be effective September 17, 2018 unless EPA receives adverse comments by August 16, 2018. 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 notification 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. 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: June 25, 2018. Cathy Stepp, Regional Administrator, Region 5. [FR Doc. 2018-15240 Filed 7-16-18; 8:45 am] BILLING CODE 6560-50-P
![33134 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
requirements, Sulfur oxides, Volatile PART 52—APPROVAL AND ORGANIC COMPOUNDS by revising
organic compounds. PROMULGATION OF the entry for ‘‘Section 1200–3–18–.24,
Dated: July 2, 2018. IMPLEMENTATION PLANS Gasoline Dispensing Facilities’’ to read
as follows:
Onis ‘‘Trey’’ Glenn, III, ■ 1. The authority citation for part 52
Regional Administrator, Region 4. continues to read as follows: § 52.2220 Identification of plan.
40 CFR part 52 is amended as follows: Authority: 42.U.S.C. 7401 et seq. * * * * *
(c) * * *
Subpart RR—Tennessee
■2. Section 52.2220, is amended under
CHAPTER 1200–3–18 VOLATILE
TABLE 1—EPA-APPROVED TENNESSEE REGULATIONS
State effective
State citation Title/subject EPA approval date Explanation
date
* * * * * * *
CHAPTER 1200–3–18 VOLATILE ORGANIC COMPOUNDS
* * * * * * *
Section 1200–3–18–.24 ............... Gasoline Dispensing Facilities .... 8/31/2017 7/17/2018, [Insert citation
of publication].
* * * * * * *
* * * * * State of Minnesota, through the make. The EPA will generally not
[FR Doc. 2018–15148 Filed 7–16–18; 8:45 am] Minnesota Pollution Control Agency consider comments or comment
BILLING CODE 6560–50–P (MPCA), because EPA has determined contents located outside of the primary
that all appropriate response actions submission (i.e., on the web, cloud, or
under CERCLA at OU3, other than other file sharing system). For
ENVIRONMENTAL PROTECTION operation, maintenance, and five-year additional submission methods, the full
AGENCY reviews, have been completed. EPA public comment policy,
However, this partial deletion does not information about CBI or multimedia
40 CFR Part 300 preclude future actions under submissions, and general guidance on
[EPA–HQ–SFUND–1989–0007; FRL–9980– Superfund. making effective comments, please visit
71—Region 5] DATES: This direct final partial deletion http://www2.epa.gov/dockets/
is effective September 17, 2018 unless commenting-epa-dockets.
National Oil and Hazardous EPA receives adverse comments by Email: cano.randolph@epa.gov.
Substances Pollution Contingency August 16, 2018. If adverse comments Mail: Randolph Cano, NPL Deletion
Plan; National Priorities List: Partial are received, EPA will publish a timely Coordinator, U.S. Environmental
Deletion of the Naval Industrial withdrawal of the direct final partial Protection Agency Region 5 (SR–6J), 77
Reserve Ordnance Plant Superfund deletion in the Federal Register West Jackson Boulevard, Chicago, IL
Site informing the public that the partial 60604, (312) 886–6036.
AGENCY: Environmental Protection deletion will not take effect. Hand deliver: Superfund Records
Agency (EPA). ADDRESSES: Submit your comments, Center, U.S. Environmental Protection
ACTION: Direct final rule. identified by Docket ID No. EPA–HQ– Agency Region 5, 77 West Jackson
SFUND–1989–0007, by one of the Boulevard, 7th Floor South, Chicago, IL
SUMMARY: The Environmental Protection following methods: http:// 60604, (312)886–0900. Such deliveries
Agency (EPA) Region 5 is publishing a www.regulations.gov. Follow the online are only accepted during the Docket’s
direct final Notice of Deletion of instructions for submitting comments. normal hours of operation, and special
Operable Unit 3 (OU3) of the Naval Once submitted, comments cannot be arrangements should be made for
Industrial Reserve Ordnance Plant edited or removed from Regulations.gov. deliveries of boxed information. The
(NIROP) Superfund Site (Site), located The EPA may publish any comment normal business hours are Monday
in Fridley, Minnesota, from the National received to its public docket. Do not through Friday, 8 a.m. to 4 p.m.,
Priorities List (NPL). The NPL, submit electronically any information excluding Federal holidays.
promulgated pursuant to section 105 of you consider to be Confidential Instructions: Direct your comments to
the Comprehensive Environmental Business Information (CBI) or other Docket ID no. EPA–HQ–SFUND–1989–
Response, Compensation, and Liability information whose disclosure is 0007. The http://www.regulations.gov
daltland on DSKBBV9HB2PROD with RULES
Act (CERCLA) of 1980, as amended, is restricted by statute. Multimedia website is an ‘‘anonymous access’’
an appendix of the National Oil and submissions (audio, video, etc.) must be system, which means EPA will not
Hazardous Substances Pollution accompanied by a written comment. know your identity or contact
Contingency Plan (NCP). This direct The written comment is considered the information unless you provide it in the
final partial deletion is being published official comment and should include body of your comment. If you send an
by EPA with the concurrence of the discussion of all points you wish to email comment directly to EPA without
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![Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 33137
elevated metals concentrations, considering historic Site use. Based on (ESD) documenting a requirement for
including chromium, in the vicinity of this assumption of 100 percent groundwater institutional controls (ICs)
a former sump. (Note: With the ongoing hexavalent chromium, the potential as part of the OU1 remedy on September
redevelopment at the Site, OU3 is no risks to OU3 receptors from exposure to 26, 2014. EPA, MPCA and the Navy
longer inside the main manufacturing chromium in the 2002 HHRA were issued an ESD documenting a change in
building. The portion of the building likely overestimated. some of the IC requirements for OU3 on
that housed OU3 has since been Several years after the OU3 remedy July 19, 2017. These documents are
demolished.) was selected and implemented, in 2015, available the Docket under Docket
The Navy detected the highest the Navy conducted additional soil Document IDs EPA–HQ–SFUND–1989–
concentrations of TCE and PERC in the sampling in OU3 for total and 0007–0062 (1990 OU1 ROD), EPA–HQ–
1995 sampling event in surface (0 to 4 hexavalent chromium analysis. The SFUND–1989–0007–0063 (2003 OU2
feet below ground surface [bgs]), analytical results show that at most, the and OU3 ROD), EPA–HQ–SFUND–
shallow subsurface (4 to 12 feet bgs), more toxic hexavalent chromium 1989–0007–0068 (2013 Memorandum to
and deep subsurface (>12 feet bgs) soil constitutes only 7 percent of the total File), EPA–HQ–SFUND–1989–0007–
samples collected from the East Plating OU3 chromium measured. The 2015 0069 (2014 OU1 ESD) and EPA–HQ–
Shop. This indicated the possible total and hexavalent chromium SFUND–1989–0007–0071 (2017 OU3
presence of a ‘‘hot spot’’ of TCE and concentrations in soil were both below ESD).
PERC in this area and the likelihood the MPCA soil reference values for The original remedial action
that the East Plating Shop was the industrial use. The Navy used these objectives (RAOs) for OU3 in the 2003
source area for these VOCs and speciated chromium results to complete OU2 and OU3 ROD were: (1) To prevent
chromium. a more accurate, focused risk unacceptable risks due to residential or
The 2002 Baseline Human Health assessment for OU3 chromium in 2016. other unrestricted exposures to
Risk Assessment (HHRA) identified an In 2016, the Navy also excavated soils contaminated soils at the Site, and (2) to
unacceptable potential risk/hazard in beneath the East Plating Shop to remove prevent unacceptable risks to industrial
OU3 for exposure to soil in the East a potential source of TCE to the or construction workers due to
Plating Shop area under the major- groundwater. The excavated soil was in exposures to contaminated soils at the
infrequent construction worker the same area as the elevated chromium Site. The remedial action specified for
exposure scenario. The major-infrequent concentrations evaluated in the 2002 OU3 soils in the 2003 ROD were
construction worker exposure scenario HHRA. This soil removal aided in engineering controls (ECs) and ICs. The
assumed construction workers would reducing any potential health risks original selected remedy for OU3 was:
have a short-term exposure to the associated with chromium. (1) To restrict the use of the Property to
maximum concentration of soil The Navy completed the Focused industrial or restricted commercial use,
contaminants detected from 0–12 feet Human Health Risk Assessment until and unless EPA and MPCA
bgs in the East Plating Shop area during (FHHRA) for the East Plating Shop area determine that concentrations of
major modifications to the building slab in 2016. The Navy did not include in hazardous substances in the soils have
and foundations. The HHRA did not the data set the soil samples collected in been reduced to levels that allow for a
identify any unacceptable risks or 2015 in the areas subsequently less restrictive use; (2) to prohibit the
hazards to exposure to OU3 soil under excavated as part of the 2016 East disturbance of soils beneath the
a commercial/industrial scenario. Plating Shop excavation because they Designated Restricted Area known as
The cancer risk calculated for the were no longer present or available for the concrete pit foundations where
major-infrequent construction worker in contact by human receptors. metal-finishing operations previously
the 2002 HHRA was 2.1 × 10¥6. This The FHHRA determined that, for the occurred at the former Plating Shop
risk is within EPA’s acceptable risk major-infrequent construction worker within the Main Manufacturing
range of 1 × 10¥4 to 1 × 10¥6, but exposure scenario, the potential non- Building without the prior written
exceeds MPCA’s acceptable subchronic cancer HI for all contaminants of approval of the EPA and MPCA; and (3)
incremental cancer risk of 1 × 10¥6. potential concern (COPCs)/target organs to ensure that the concrete pit floor
The noncancer risks calculated for the combined is 0.16. This HI is below (approximately 8 to 12 feet below grade
major-infrequent construction worker in EPA’s and MPCA’s target HI of 1 and floor) where metal finishing operations
OU3 in the 2002 HHRA was a hazard does not exceed MPCA’s target HQ level previously occurred at the former
quotient (HQ) of 1.35 for chromium, and of 0.2 for individual COCs. Therefore, Plating Shop within the Main
a total hazard index (HI) of 2.9 for all the 2016 FHHRA concluded that there Manufacturing Building is not removed
chemicals. These levels exceed EPA’s are no unacceptable risks or hazards for without the prior written approval of
acceptable noncancer HQ of 1 for major-infrequent construction workers EPA and MPCA. That floor will serve as
individual contaminants and a HI of 1 who may be exposed to chemicals in an EC.
for multiple chemicals, and MCPA’s mixed OU3 soil. On July 19, 2017, EPA, MPCA and the
acceptable subchronic HQ and HI levels Navy issued an ESD to remove the
of 1 for individual and multiple Selected Remedy requirement for some of the ICs and ECs
chemicals. EPA, MPCA and the Navy issued a in the OU3 remedy. The remedy
Chromium is most commonly present Record of Decision (ROD) for OU1 on components described in the 2003 OU2
in its less-toxic trivalent form because September 28, 1990, and a ROD for OU2 and OU3 ROD were initially required to
environmental conditions typically and OU3 on September 17, 2003. EPA ensure the long-term protectiveness of
favor the reduction of the more-toxic issued a Memorandum to File on the OU3 soil because the OU3 soil
hexavalent chromium to its less-toxic September 5, 2013 clarifying the OU
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contamination remained at the Site
trivalent state. The 2002 HHRA, definitions at the site. The changes to above levels that allow for unlimited
however, conservatively assumed that the structure of the OUs in the 2013 use and unrestricted exposure.
100 percent of the chromium detected Memorandum to File did not alter any The 2017 ESD modified the selected
in the East Plating Shop area was in the of the selected remedies for the Site. remedy for OU3 by removing the second
hexavalent form, due to the absence of EPA, MPCA and the Navy issued an and third remedy components described
site-specific speciated data and Explanation of Significant Differences above from the OU3 remedy.
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![33138 Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations
Specifically, there was no longer a need and MPCA determine that the State and Federal Brownfields funding.
to prohibit the disturbance of soils concentrations of hazardous substances Superfund NPL site property is not
beneath the former Plating Shop area, in the OU3 soils have been reduced to eligible for Federal Brownfields
nor to ensure that the concrete pit floor levels that allow for a less restrictive funding.
at the former Plating Shop remains in use. A developer has enrolled the NIROP
place. In 2017, EPA, MPCA and the Navy Site and adjacent land into MPCA’s
EPA, MPCA and the Navy included issued an ESD for OU3 removing the Voluntary Investigation and Cleanup
these two OU3 remedy components in requirement for two of the three OU3 (VIC) program. In conjunction with the
the 2003 ROD based on the conservative LUCs required by the 2003 OU2 and redevelopment of the NIROP Site, any
assumption in the 2002 HHRA that all OU3 ROD. The 2017 ESD removed the additional investigations will be
of the chromium in OU3 soil was in the requirement for the LUCs that required conducted under the oversight and
more-toxic hexavalent form. Based on the concrete pit floor in the former direction of MPCA’s VIC program.
the 2015 sampling data, which included Plating Shop to remain in place and for Under the VIC program, MPCA also
speciated chromium results, and the the soils in the former Plating Shop area requested that all buildings at the
2016 FHHRA, which found no to remain undisturbed. NIROP Site have vapor mitigation units
unacceptable risks or hazards for the installed them and the builder has
major-infrequent construction worker Cleanup Levels
complied.
scenario at OU3, the floor in the Plating There was no cleanup associated with
Shop is no longer needed as an EC and the original remedy for OU3. In 2016, Community Involvement
OU3 ICs prohibiting the soils beneath however, soils beneath the East Plating Public participation activities have
the Plating Shop from being disturbed Shop were excavated and replaced with been satisfied as required in CERCLA
are no longer necessary. clean soil to address a potential source section 113(k), 42 U.S.C. 9613(k), and
The IC restricting OU3 to industrial or of TCE to the groundwater as part of CERCLA section 117, 42 U.S.C. 9617.
restricted commercial use in the 2003 OU1. The excavated soil was in the EPA published a document announcing
OU2 and OU3 ROD [i.e., OU3 remedy same area as the elevated chromium this proposed Direct Final Partial
component (1) listed above], remains concentrations evaluated in the 2002 Deletion and announcing the 30-day
part of the selected remedy for OU3. HHRA. The 2016 TCE soil removal also public comment period in the Sun
Implemented ICs at the Site are shown aided in reducing any potential health Focus concurrent with publishing this
in Figure 2 of the 2017 OU3 ESD in the risk associated with chromium. This partial deletion in the Federal Register.
Docket (Docket Document ID No. EPA– further justified the removal of the LUCs Documents in the deletion docket,
HQ–SFUND–1989–0007–0071). for the former Plating Shop floor and for which EPA relied on for recommending
Response Actions the soil below the floor described in the the partial deletion of the Site from the
2017 OU3 ESD. NPL, are available to the public in the
EPA concurred with the Navy’s March information repositories and at
2004 Land Use Control Remedial Design Operation and Maintenance www.regulations.gov. Documents in the
(LUCRD) for OU3 in August 2004. The The Navy is the lead agency for the docket include maps which identify the
LUCRD specifies how the OU3 remedy Site and is responsible for conducting specific parcels of land that are
will be implemented, maintained, and routine inspections to ensure that the included in this proposed Direct Final
enforced if any breach of the remedy LUCs are maintained and enforced. The Partial Deletion (i.e., OU3).
should occur. The LUCRD details the Navy is responsible for reporting the
Navy’s continuing responsibilities with results of the inspections and any Determination That the Criteria for
respect to OU3, including: Ensuring that breach of the LUCs to the MPCA and Partial Deletion Have Been Met
annual on-site physical inspections of EPA. The NCP (40 CFR 300.425(e)) states
OU3 are performed to confirm that portions of a site may be deleted
continued compliance with all Land Five-Year Review from the NPL when no further response
Use Control (LUC) Performance The Navy conducted the last FYR at action is appropriate in that area or
Objectives; ensuring that annual LUC the Site in October 2013. The 2013 FYR media. All cleanup actions specified for
Compliance Certifications are provided concluded that the remedy at NIROP for OU3 of the NIROP Site in the 2003 OU2
to EPA and MPCA that explain any OU3 is protective of human health and and OU3 ROD and the 2017 OU3 ESD
deficiency, if found; conducting FYRs of the environment. The 2013 FYR did not have been implemented at the Site.
the remedy as required by CERCLA and identify any issues or recommendations EPA, in consultation with the State of
the NCP; notifying EPA and MPCA prior for OU3. The FYR calls for the Navy to Minnesota, has determined that no
to any planned property conveyance; continue long-term stewardship to further action is warranted to protect
providing EPA and MPCA the ensure that the LUC restricting land use human health and the environment at
opportunity to review the text of at the Site to industrial or restricted OU3 and that OU3 of the NIROP Site
intended deed provisions; and notifying commercial use is maintained. The next meets the criteria for Partial Deletion
EPA and MPCA if Site activities might FYR for the Site is scheduled for from the NPL.
interfere with LUC effectiveness. October 2018.
The LUCs were incorporated into a V. Partial Deletion Action
Quitclaim Deed that was executed by Redevelopment EPA, with concurrence of the State of
the property owner, the United States Redevelopment is currently underway Minnesota through the MPCA, has
and MPCA on June 17, 2004. The to redevelop the NIROP Site into a determined that all appropriate
Quitclaim Deed acts as an commercial office/warehouse complex.
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response actions under CERCLA at OU3,
environmental covenant describing the This redevelopment is consistent with other than operation, maintenance, and
property restrictions. The deed the existing Land Use Designation for five-year reviews, have been completed.
restrictions run with the land such that the Site. The three parties to the FFA Therefore, EPA is deleting OU3 of the
any subsequent property owner is agree that delisting OU3 from the NPL NIROP Site from the NPL.
bound by the same restrictions. The will facilitate the redevelopment effort Because EPA considers this action to
LUCs are to remain in place until EPA and allow OU3 to become eligible for be noncontroversial and routine, EPA is
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![Federal Register / Vol. 83, No. 137 / Tuesday, July 17, 2018 / Rules and Regulations 33139
taking it without prior publication. This DATES: The amendments regarding collection of information subject to the
action will be effective September 17, §§ 54.313(f)(1)(i), 54.313(f)(3) and Paperwork Reduction Act that does not
2018 unless EPA receives adverse 54.313(l) published at 81 FR 69696, display a current, valid OMB Control
comments by August 16, 2018. If October 7, 2016, are effective July 17, Number. The OMB Control Number is
adverse comments are received within 2018. 3060–0986.
the 30-day public comment period, EPA FOR FURTHER INFORMATION CONTACT:
The foregoing notice is required by
will publish a timely withdrawal of this Alexander Minard, Wireline the Paperwork Reduction Act of 1995,
direct final notice of partial deletion Competition Bureau at (202) 418–7400 Public Law 104–13, October 1, 1995,
before the effective date of the partial or TTY (202) 418–0484. For additional and 44 U.S.C. 3507.
deletion and it will not take effect. EPA information concerning the Paperwork The total annual reporting burdens
will prepare a response to comments Reduction Act information collection and costs for the respondents are as
and continue with the deletion process requirements contact Nicole Ongele at follows:
on the basis of the notification of intent OMB Control Number: 3060–0986.
(202) 418–2991 or via email:
to partially delete and the comments OMB Approval Date: July 2, 2018.
Nicole.Ongele@fcc.gov. OMB Expiration Date: July 31, 2021.
already received. There will be no
SUPPLEMENTARY INFORMATION: The Title: High-Cost Universal Service
additional opportunity to comment.
Commission submitted revised Support.
List of Subjects in 40 CFR Part 300 information collection requirements for Form Number: FCC Form 481, FCC
Environmental protection, Air review and approval by OMB, as Form 505, FCC Form 507, FCC Form
pollution control, Chemicals, Hazardous required by the Paperwork Reduction 508, FCC Form 509 and FCC Form 525.
waste, Hazardous substances, Act (PRA) of 1995, on May 30, 2018, Type of Review: Revision of a
Intergovernmental relations, Penalties, which were approved by OMB on July currently approved collection.
Reporting and recordkeeping 2, 2018. The information collection Respondents: Business or other for-
requirements, Superfund, Water requirements are contained in the profit, not-for-profit institutions and
pollution control, Water supply. Commission’s Connect America Fund— state, local or tribal government.
Alaska Plan Order, FCC 16–115, Number of Respondents and
Authority: 33 U.S.C. 1321(d); 42 U.S.C. published at 81 FR 69696, October 7, Responses: 1,877 respondents; 14,335
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 2016. The OMB Control Number is responses.
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
3060–0986. The Commission publishes Estimated Time per Response: 0.5–15
FR 2923, 3 CFR, 1987 Comp., p. 193. this document as an announcement of hours.
the effective date of the rules published Frequency of Response: On occasion,
Dated: June 25, 2018. October 7, 2016. If you have any quarterly and annual reporting
Cathy Stepp, comments on the burden estimates requirements, recordkeeping
Regional Administrator, Region 5. listed below, or how the Commission requirement and third party disclosure
[FR Doc. 2018–15240 Filed 7–16–18; 8:45 am] can improve the collections and reduce requirement.
BILLING CODE 6560–50–P any burdens caused thereby, please Obligation to Respond: Required to
contact Nicole Ongele, Federal obtain or retain benefits. Statutory
Communications Commission, Room authority for this information collection
FEDERAL COMMUNICATIONS 1–A620, 445 12th Street SW, is contained in 47 U.S.C. 151–154, 155,
COMMISSION Washington, DC 20554. Please include 201–206, 214, 218–220, 251, 252, 254,
the OMB Control Number, 3060–0986, 256, 303(r), 332, 403, 405, 410, and
47 CFR Part 54 in your correspondence. The 1302.
Commission will also accept your Total Annual Burden: 63,486 hours.
[WC Docket No. 10–90, 16–271; FCC 16– Total Annual Cost: No Cost.
115] comments via email at PRA@fcc.gov.
To request materials in accessible Privacy Act Impact Assessment: No
Connect America Fund, Connect formats for people with disabilities impact(s).
America Fund—Alaska Plan (Braille, large print, electronic files, Nature and Extent of Confidentiality:
audio format), send an email to fcc504@ The Commission notes that USAC must
AGENCY: Federal Communications fcc.gov or call the Consumer and preserve the confidentiality of all data
Commission. Governmental Affairs Bureau at (202) obtained from respondents; must not
ACTION: Final rule; announcement of 418–0530 (voice), (202) 418–0432 use the data except for purposes of
effective date. (TTY). administering the universal service
programs; and must not disclose data in
SUMMARY: In this document, the Federal Synopsis company-specific form unless directed
Communications Commission As required by the Paperwork to do so by the Commission. Privately-
(Commission) announces that the Office Reduction Act of 1995 (44 U.S.C. 3507), held rate-of-return carriers may file the
of Management and Budget (OMB) has the Commission is notifying the public financial information they disclose in
approved, for a period of three years, an that it received OMB approval on July FCC Form 481 pursuant to a protective
information collection associated with 2, 2018, for the information collection order.
the rules for the Connect America Fund requirements contained in 47 CFR Needs and Uses: On November 18,
contained in the Commission’s Connect 54.313(f)(1)(i), 54.313(f)(3) and 2011, the Commission adopted an order
America Fund—Alaska Plan Order, FCC 54.313(l), published at 81 FR 69696, reforming its high-cost universal service
16–115. This document is consistent support mechanisms. Connect America
daltland on DSKBBV9HB2PROD with RULES
October 7, 2016. Under 5 CFR part 1320,
with the Connect America Fund— an agency may not conduct or sponsor Fund; A National Broadband Plan for
Alaska Plan Order, which stated that a collection of information unless it Our Future; Establish Just and
the Commission would publish a displays a current, valid OMB Control Reasonable Rates for Local Exchange
document in the Federal Register Number. Carriers; High-Cost Universal Service
announcing the effective date of the new No person shall be subject to any Support; Developing a Unified
information collection requirements. penalty for failing to comply with a Intercarrier Compensation Regime;
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Document Created: 2018-07-17 01:38:32
Document Modified: 2018-07-17 01:38:32
| 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 partial deletion is effective September 17, 2018 unless EPA receives adverse comments by August 16, 2018. 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. | |
| Contact | Randolph Cano, NPL Deletion Coordinator, U.S. Environmental Protection Agency Region 5 (SR-6J), 77 West Jackson Boulevard, Chicago, IL 60604, (312)886-6036, or via email at [email protected] | |
| FR Citation | 83 FR 33134 | |
| 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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