83 FR 40276 - Proposed CERCLA/RCRA/TSCA Administrative Settlement Agreement and Covenant Not To Sue; MSC Land Company, LLC, and Crown Enterprises, Inc.; Former McLouth Steel Facility, Trenton and Riverview, Michigan
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 157 (August 14, 2018)
Federal Register Volume 83, Issue 157 (August 14, 2018)
| Page Range | 40276-40278 | |
| FR Document | 2018-17584 |
[Federal Register Volume 83, Number 157 (Tuesday, August 14, 2018)] [Notices] [Pages 40276-40278] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-17584] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY [EPA CERCLA Docket No. V-W-18-C-012; FRL-9982-26-Region 5] Proposed CERCLA/RCRA/TSCA Administrative Settlement Agreement and Covenant Not To Sue; MSC Land Company, LLC, and Crown Enterprises, Inc.; Former McLouth Steel Facility, Trenton and Riverview, Michigan AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed settlement agreement and request for public comments. ----------------------------------------------------------------------- SUMMARY: The Environmental Protection Agency (EPA) hereby gives notice of a proposed Administrative Settlement Agreement and Covenant Not to Sue (Settlement) pertaining to a 183-acre portion of the former McLouth Steel [[Page 40277]] facility in Trenton and Riverview, Michigan. EPA also announces a public meeting regarding the Settlement and invites public comment on the Settlement for thirty (30) days following publication of this notice. The Settlement requires MSC Land Company, LLC (``MSC'') to do specified work, meet a demolition requirement that includes demolition of approximately 45 buildings and structures located within the property, and comply with specified property requirements. Satisfying the work and demolition requirements, and complying with the property requirements safeguards human health and the environment by reducing the risk of exposure to certain hazardous wastes and substances. DATES: Comments must be post marked or received on or before September 13, 2018. ADDRESSES: The proposed settlement agreement and related site documents can be viewed at the Superfund Records Center, (SRC-7J), United States Environmental Protection Agency, Region 5, 77 W Jackson Blvd., Chicago, IL 60604, (312) 886-4465 and on-line at www.epa.gov/superfund/mclouth-steel. FOR FURTHER INFORMATION CONTACT: Further information or a copy of the Settlement may be obtained from either Steven P. Kaiser, Office of Regional Counsel (C-14J), U.S. Environmental Protection Agency, Region 5, 77 W Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3804 or [email protected] or Community Involvement Coordinator Kirstin Safakas, Superfund Division (SI-6J), U.S. Environmental Protection Agency, Region 5, 77 W Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6015 or [email protected]. SUPPLEMENTARY INFORMATION: I. Background Information In accordance with Section 122(i) of the Comprehensive Environmental Response, Compensation, and Liability Act, as amended (``CERCLA''), 42 U.S.C. 9622(i) and Section 7003(d) of the Resource Conservation and Recovery Act, 42 U.S.C. 6973(d), notice is hereby given of a proposed Settlement pertaining to the former McLouth Steel facility in Trenton and Riverview, Michigan with the following settling parties: MSC and Crown Enterprises, Inc. The Settlement requires MSC to perform certain work, meet demolition requirements, and comply with specified property requirements. MSC will also fence and otherwise secure the approximately 183-acre site to prevent direct contact with contaminants and keep out trespassers. Prior to commencement of the work or actions in furtherance of the demolition requirement, MSC will prepare a Traffic Management Plan in consultation with EPA, MDEQ and the Cities of Trenton and Riverview. The work required by MSC includes the removal of contaminated water and sludges from 23 specified subsurface structures; cleaning or removal of the subsurface structures; and filling the subsurface structures with clean fill materials. These actions will reduce migration of contaminants to ground and surface waters. MSC will investigate five areas where PCBs may have been released. If PCBs are found above action levels, MSC will implement defined interim measures to prevent direct contact with PCB- contaminated areas pending further action by either EPA or MSC. MSC will assess options for storm water management to eliminate sheet flow to the Trenton Channel of the Detroit River and summarize its assessment in a stormwater management report that it will submit to EPA and the State. MSC will remain subject to provisions of the Clean Water Act, including requirements to obtain any permits that may be necessary for discharges to waters of the United States. Finally, MSC will demolish to grade approximately 45 buildings and structures including an approximately 1.5 million square foot building along Jefferson Avenue. During demolition, MSC will remove and dispose of all asbestos containing materials encountered in the structures; remove and dispose of all PCB-waste material encountered in the structures; and remove and dispose of all drummed or containerized solid or hazardous wastes in the structures in accordance with State and federal regulations. These actions will also reduce the threat of exposure to hazardous wastes and substances by removing these wastes and substances from the property. Throughout this work, MSC will maintain dust controls to minimize the creation and migration of airborne contaminants. The Settlement includes an EPA covenant not to sue the settling parties pursuant to either Sections 106 and 107 of CERCLA, 42 U.S.C. 9606 and 9607; Section 3008(h) 7003 of the Resource Conservation and Recovery Act (``RCRA''), 42 U.S.C. 6928(h) and 6973; and Sections 7 and 17 of TSCA, 15 U.S.C. Section 2606 and 2616. The Settlement also includes covenants not to sue by the State of Michigan. II. Opportunity To Comment A. General Information EPA intends to hold a public meeting regarding the Settlement in the affected area, in accordance with Section 7003(d) of the Resource Conservation and Recovery Act, 42 U.S.C. 6973(d). The meeting will be held at the Saint Paul Lutheran Church, Reception Hall, 2550 Edsel Drive, Trenton, Michigan, starting at 6:00 p.m. on Wednesday, September 5, 2018. Representatives of the EPA and MDEQ will attend the public meeting to provide information and answer questions about the Settlement. Formal comments relating to the Settlement will be accepted in oral and written form at the public meeting. For thirty (30) days following the date of publication of this notice, the Agency will receive written comments relating to the Settlement. The Agency will consider all comments received, and may modify or withdraw its consent to the Settlement if comments received disclose facts or considerations which indicate that the Settlement is inappropriate, improper, or inadequate. B. Where do I send my comments or view responses? Your comments should be mailed to Kirstin Safakas, Superfund Division (SI-6J), U.S. Environmental Protection Agency, Region 5, 77 W Jackson Boulevard, Chicago, Illinois 60604, or [email protected]. The Agency's response to any comments received will be available for public inspection at the Superfund Records Center. C. What should I consider as I prepare my comments for EPA? 1. Submitting Confidential Business Information (CBI). Do not submit such information to EPA through an agency website or via email. Clearly mark the part or all the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for Preparing Your Comments. When submitting comments, remember to: [[Page 40278]]Identify the rulemaking by docket number and other identifying information (site name, Federal Register date and page number). Follow directions--the agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations (CFR) part or section number. Explain why you agree or disagree with the terms of the Settlement; suggest alternatives and substitute language for your requested changes. Describe any assumptions and provide any technical information and/or data that you used. If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. Provide specific examples to illustrate your concerns, and suggest alternatives. Explain your views as clearly as possible, avoiding the use of profanity or personal threats. Make sure to submit your comments by the identified comment period deadline. Dated: August 3, 2018. Joan Tanaka, Acting Director, Superfund Division. [FR Doc. 2018-17584 Filed 8-13-18; 8:45 am] BILLING CODE 6560-50-P
![40276 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices
specifies certain public notices (i.e., period. This notice allows for an periodic reports by the owners/
radio, newspaper, and a letter to additional 30 days for public comments. operators of the affected facilities. They
relevant agencies) that EPA must A fuller description of the ICR is given are also required to maintain records of
provide before issuing any RCRA below, including its estimated burden the occurrence and duration of any
permit. The statute also establishes a and cost to the public. An Agency may startup, shutdown, or malfunction in
process by which the public can dispute neither conduct nor sponsor, and a the operation of an affected facility, or
a permit and request a public hearing to person is not required to respond to, a any period during which the monitoring
discuss it. EPA carries out much of its collection of information unless it system is inoperative. These
RCRA public involvement at 40 CFR displays a currently valid OMB control notifications, reports, and records are
parts 124 and 270. number. essential in determining compliance,
Form numbers: None. DATES: Additional comments may be and are required of all affected facilities
Respondents/affected entities: submitted on or before September 13, subject to NESHAP.
Businesses and other for-profit. 2018. Form Numbers: None.
Respondent’s obligation to respond: ADDRESSES: Submit your comments, Respondents/affected entities:
Mandatory (RCRA 7004(b)). referencing Docket ID Number EPA– Owners and operators of area source
Estimated number of respondents: 46. HQ–OECA–2014–0099, to: (1) EPA ferroalloys production facilities.
Frequency of response: On occasion. online using www.regulations.gov (our Respondent’s obligation to respond:
Total estimated burden: 4,375 hours preferred method), or by email to Mandatory (40 CFR part 63, subpart
per year. Burden is defined at 5 CFR docket.oeca@epa.gov, or by mail to: EPA YYYYYY).
1320.03(b). Docket Center, Environmental Estimated number of respondents: 10
Total estimated cost: $326,263 (per Protection Agency, Mail Code 28221T, (total).
year), which includes $321,833 1200 Pennsylvania Ave. NW, Frequency of response: Initially,
annualized labor and $4,430 annualized Washington, DC 20460; and (2) OMB via annually, and periodically.
capital and operation & maintenance email to oira_submission@omb.eop.gov. Total estimated burden: 391 hours
costs. Address comments to OMB Desk Officer (per year). Burden is defined at 5 CFR
Changes in the estimates: There is a for EPA. 1320.3(b).
decrease in overall burden for the ICR EPA’s policy is that all comments Total estimated cost: $41,100 (per
of 1,239 hours in the total estimated received will be included in the public year), which includes $0 for annualized
respondent burden compared with the docket without change, including any capital/startup and/or operation &
ICR currently approved by OMB. This personal information provided, unless maintenance costs.
decrease is due to the decrease in the the comment includes profanity, threats, Changes in the Estimates: The
respondent universe from 59 to 46. information claimed to be Confidential increase in burden from the most
Business Information (CBI), or other recently approved ICR is due to an
Courtney Kerwin,
information whose disclosure is adjustment. Hours were added to
Director, Regulatory Support Division. approximate the time spent by each
restricted by statute.
[FR Doc. 2018–17441 Filed 8–13–18; 8:45 am] source to familiarize with the rule
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6560–50–P
Patrick Yellin, Monitoring, Assistance, requirements.
and Media Programs Division, Office of Courtney Kerwin,
ENVIRONMENTAL PROTECTION Compliance, Mail Code 2227A, Director, Regulatory Support Division.
AGENCY Environmental Protection Agency, 1200
[FR Doc. 2018–17440 Filed 8–13–18; 8:45 am]
Pennsylvania Ave. NW, Washington, DC
[EPA–HQ–OECA–2014–0099; FRL—9982– BILLING CODE 6560–50–P
20460; telephone number: (202) 564–
13–OEI] 2970; fax number: (202) 564–0050;
email address: yellin.patrick@epa.gov. ENVIRONMENTAL PROTECTION
Information Collection Request
SUPPLEMENTARY INFORMATION: AGENCY
Submitted to OMB for Review and
Approval; Comment Request; NESHAP Supporting documents, which explain
in detail the information that the EPA [EPA CERCLA Docket No. V–W–18–C–012;
for Ferroalloys Production Area FRL–9982–26–Region 5]
Sources (Renewal) will be collecting, are available in the
public docket for this ICR. The docket Proposed CERCLA/RCRA/TSCA
AGENCY: Environmental Protection can be viewed online at Administrative Settlement Agreement
Agency (EPA). www.regulations.gov, or in person at the and Covenant Not To Sue; MSC Land
ACTION: Notice. EPA Docket Center, WJC West, Room Company, LLC, and Crown
3334, 1301 Constitution Ave. NW, Enterprises, Inc.; Former McLouth
SUMMARY: The Environmental Protection Washington, DC. The telephone number Steel Facility, Trenton and Riverview,
Agency (EPA) has submitted an for the Docket Center is 202–566–1744. Michigan
information collection request (ICR), For additional information about EPA’s
NESHAP for Ferroalloys Production public docket, visit: http:// AGENCY: Environmental Protection
Area Sources (40 CFR part 63, subpart www.epa.gov/dockets. Agency (EPA).
YYYYYY) (EPA ICR No. 2303.05, OMB Abstract: The National Emission ACTION: Notice of proposed settlement
Control No. 2060–0625), to the Office of Standards for Hazardous Air Pollutants agreement and request for public
Management and Budget (OMB) for (NESHAP) for Ferroalloys Production comments.
amozie on DSK3GDR082PROD with NOTICES1
review and approval in accordance with Area Sources (40 CFR part 63, subpart
the Paperwork Reduction Act. This is a YYYYYY) apply to existing and new SUMMARY: The Environmental Protection
proposed extension of the ICR, which is ferroalloy production facilities that are Agency (EPA) hereby gives notice of a
currently approved through August 31, an area source of hazardous air proposed Administrative Settlement
2018. Public comments were previously pollutant (HAP) emissions. In general, Agreement and Covenant Not to Sue
requested via the Federal Register on all NESHAP standards require initial (Settlement) pertaining to a 183-acre
June 29, 2017 during a 60-day comment notifications, performance tests, and portion of the former McLouth Steel
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![40278 Federal Register / Vol. 83, No. 157 / Tuesday, August 14, 2018 / Notices
• Identify the rulemaking by docket and a periodic status report on new part 725 (Biotech exemption); TMEs,
number and other identifying chemical substances that are currently both pending and/or concluded; NOCs
information (site name, Federal Register under EPA review or have recently to manufacture a new chemical
date and page number). concluded review. This document substance; and a periodic status report
• Follow directions—the agency may covers the period from May 1, 2018 to on new chemical substances that are
ask you to respond to specific questions May 31, 2018. currently under EPA review or have
or organize comments by referencing a DATES: Comments identified by the recently concluded review.
Code of Federal Regulations (CFR) part specific case number provided in this EPA is also providing information on
or section number. document must be received on or before its website about cases reviewed under
• Explain why you agree or disagree September 13, 2018. the amended TSCA, including the
with the terms of the Settlement; suggest section 5 PMN/SNUN/MCAN and
ADDRESSES: Submit your comments,
alternatives and substitute language for exemption notices received, the date of
identified by docket identification (ID) receipt, the final EPA determination on
your requested changes. number EPA–HQ–OPPT–2018–0404,
• Describe any assumptions and and the specific case number for the
the notice, and the effective date of
provide any technical information and/ EPA’s determination for PMN/SNUN/
chemical substance related to your MCAN notices on its website at: https://
or data that you used. comment, by one of the following
• If you estimate potential costs or methods:
www.epa.gov/reviewing-new-chemicals-
burdens, explain how you arrived at under-toxic-substances-control-act-tsca/
• Federal eRulemaking Portal: http:// status-pre-manufacture-notices. This
your estimate in sufficient detail to www.regulations.gov. Follow the online
allow for it to be reproduced. information is updated on a weekly
instructions for submitting comments.
• Provide specific examples to Do not submit electronically any
basis.
illustrate your concerns, and suggest information you consider to be B. What is the Agency’s authority for
alternatives. Confidential Business Information (CBI) taking this action?
• Explain your views as clearly as or other information whose disclosure is
possible, avoiding the use of profanity Under the Toxic Substances Control
restricted by statute. Act (TSCA), 15 U.S.C. 2601 et seq., a
or personal threats. • Mail: Document Control Office
• Make sure to submit your chemical substance may be either an
(7407M), Office of Pollution Prevention ‘‘existing’’ chemical substance or a
comments by the identified comment and Toxics (OPPT), Environmental
period deadline. ‘‘new’’ chemical substance. Any
Protection Agency, 1200 Pennsylvania chemical substance that is not on EPA’s
Dated: August 3, 2018. Ave. NW, Washington, DC 20460–0001. TSCA Inventory of Chemical Substances
Joan Tanaka, • Hand Delivery: To make special (TSCA Inventory) is classified as a ‘‘new
Acting Director, Superfund Division. arrangements for hand delivery or chemical substance,’’ while a chemical
[FR Doc. 2018–17584 Filed 8–13–18; 8:45 am] delivery of boxed information, please substance that is listed on the TSCA
BILLING CODE 6560–50–P
follow the instructions at http:// Inventory is classified as an ‘‘existing
www.epa.gov/dockets/contacts.html. chemical substance.’’ (See TSCA section
Additional instructions on 3(11).) For more information about the
ENVIRONMENTAL PROTECTION commenting or visiting the docket, TSCA Inventory go to: https://
AGENCY along with more information about www.epa.gov/tsca-inventory.
dockets generally, is available at http:// Any person who intends to
[EPA–HQ–OPPT–2018–0404; FRL–9981–43] www.epa.gov/dockets. manufacture (including import) a new
Certain New Chemical Substances; FOR FURTHER INFORMATION CONTACT: chemical substance for a non-exempt
Receipt and Status Information for May For technical information contact: Jim commercial purpose, or to manufacture
2018 Rahai, Information Management or process a chemical substance in a
Division (MC 7407M), Office of non-exempt manner for a use that EPA
AGENCY: Environmental Protection Pollution Prevention and Toxics, has determined is a significant new use,
Agency (EPA). Environmental Protection Agency, 1200 is required by TSCA section 5 to
ACTION: Notice. Pennsylvania Ave. NW, Washington, DC provide EPA with a PMN, MCAN or
20460–0001; telephone number: (202) SNUN, as appropriate, before initiating
SUMMARY: EPA is required under the 564–8593; email address: rahai.jim@ the activity. EPA will review the notice,
Toxic Substances Control Act (TSCA), epa.gov. make a risk determination on the
as amended by the Frank R. Lautenberg For general information contact: The chemical substance or significant new
Chemical Safety for the 21st Century TSCA-Hotline, ABVI-Goodwill, 422 use, and take appropriate action as
Act, to make information publicly South Clinton Ave., Rochester, NY described in TSCA section 5(a)(3).
available and to publish information in 14620; telephone number: (202) 554– TSCA section 5(h)(1) authorizes EPA
the Federal Register pertaining to 1404; email address: TSCA-Hotline@ to allow persons, upon application and
submissions under TSCA section 5, epa.gov. under appropriate restrictions, to
including notice of receipt of a manufacture or process a new chemical
SUPPLEMENTARY INFORMATION:
Premanufacture notice (PMN), substance, or a chemical substance
Significant New Use Notice (SNUN) or I. Executive Summary subject to a significant new use rule
Microbial Commercial Activity Notice (SNUR) issued under TSCA section
(MCAN), including an amended notice A. What action is the Agency taking? 5(a)(2), for ‘‘test marketing’’ purposes,
amozie on DSK3GDR082PROD with NOTICES1
or test information; an exemption This document provides the receipt upon a showing that the manufacture,
application (Biotech exemption); an and status reports for the period from processing, distribution in commerce,
application for a test marketing May 1, 2018 to May 31, 2018. The use, and disposal of the chemical will
exemption (TME), both pending and/or Agency is providing notice of receipt of not present an unreasonable risk of
concluded; a notice of commencement PMNs, SNUNs and MCANs (including injury to health or the environment.
(NOC) of manufacture (including amended notices and test information); This is referred to as a test marketing
import) for new chemical substances; an exemption application under 40 CFR exemption, or TME. For more
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Document Created: 2018-08-14 02:19:26
Document Modified: 2018-08-14 02:19:26
| 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 | Notices | |
| Action | Notice of proposed settlement agreement and request for public comments. | |
| Dates | Comments must be post marked or received on or before September 13, 2018. | |
| Contact | Further information or a copy of the Settlement may be obtained from either Steven P. Kaiser, Office of Regional Counsel (C-14J), U.S. Environmental Protection Agency, Region 5, 77 W Jackson Boulevard, Chicago, Illinois 60604, (312) 353-3804 or [email protected] or Community Involvement Coordinator Kirstin Safakas, Superfund Division (SI-6J), U.S. Environmental Protection Agency, Region 5, 77 W Jackson Boulevard, Chicago, Illinois 60604, (312) 886-6015 or [email protected] | |
| FR Citation | 83 FR 40276 |
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