83 FR 42224 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Ordnance Works Disposal Areas Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 162 (August 21, 2018)

Page Range		42224-42225
FR Document		2018-18032

The Environmental Protection Agency (EPA) Region 3 announces the deletion of the Ordnance Works Disposal Areas Superfund Site (Site) located in Morgantown, West Virginia, 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). The EPA and the State of West Virginia, through the West Virginia Department of Environmental Protection (WVDEP), have determined that all appropriate response actions under CERCLA, other than operation and maintenance, monitoring, and five-year reviews have been completed. However, this deletion does not preclude future actions under Superfund.

Federal Register, Volume 83 Issue 162 (Tuesday, August 21, 2018)

[Federal Register Volume 83, Number 162 (Tuesday, August 21, 2018)]
[Rules and Regulations]
[Pages 42224-42225]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-18032]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-9982-57--Region 3]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Ordnance Works Disposal Areas 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 3 announces 
the deletion of the Ordnance Works Disposal Areas Superfund Site (Site) 
located in Morgantown, West Virginia, 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). The EPA and the 
State of West Virginia, through the West Virginia Department of 
Environmental Protection (WVDEP), have determined that all appropriate 
response actions under CERCLA, other than operation and maintenance,

[[Page 42225]]

monitoring, and five-year reviews have been completed. However, this 
deletion does not preclude future actions under Superfund.

DATES: This action is effective August 21, 2018.

ADDRESSES: Docket: EPA has established a docket for this action under 
Docket Identification No. EPA-HQ-SFUND-1986-0005. 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., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in the hard copy. Publicly 
available docket materials are available either electronically in 
http://www.regulations.gov or in hard copy at:
    U.S. EPA Region III, Superfund Records Center, 6th Floor, 1650 Arch 
Street, Philadelphia, PA 19103-2029; (215) 814-3157, Monday through 
Friday 8:00 a.m. to 5:00 p.m.
    Morgantown Public Library, 373 Spruce Street, Morgantown, WV 26505; 
(304) 291-7425, Monday through Saturday 9:00 a.m. to 4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Jeffrey Thomas, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 3, 3HS23 1650 
Arch Street Philadelphia, PA 19103, (215) 814-3377, email 
[email protected].

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: 
Ordnance Works Disposal Areas, Morgantown, West Virginia. A Notice of 
Intent to Delete for this Site was published in the Federal Register 83 
FR 28586 on June 20, 2018.
    The closing date for comments on the Notice of Intent to Delete was 
July 20, 2018. No public comments were received and EPA believes the 
deletion action remains appropriate.
    EPA maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. 
Deletion from the NPL does not preclude further remedial action. 
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. Deletion of a site from the NPL does not 
affect responsible party liability in the unlikely event that future 
conditions warrant further actions.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: July 31, 2018.
Cosmo Servidio,
Regional Administrator, U.S. Environmental Protection Agency Region 3.

    For reasons set out in the preamble, 40 CFR part 300 is amended as 
follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

0
1. The authority citation for part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 
CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., 
p. 193.

Appendix B to Part 300--[Amended]

0
2. Table 1 of Appendix B to part 300 is amended by removing ``WV'', 
``Ordnance Works Disposal Areas'', ``Morgantown''.

[FR Doc. 2018-18032 Filed 8-20-18; 8:45 am]
BILLING CODE 6560-50-P

42224 Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations

under the Regulatory Flexibility Act (5 country, the rule does not have tribal purposes of judicial review nor does it
U.S.C. 601 et seq.); implications as specified by Executive extend the time within which a petition
• does not contain any unfunded Order 13175 (65 FR 67249, November 9, for judicial review may be filed, and
mandate or significantly or uniquely 2000), nor will it impose substantial shall not postpone the effectiveness of
affect small governments, as described direct costs on tribal governments or such rule or action. This action may not
in the Unfunded Mandates Reform Act preempt tribal law. be challenged later in proceedings to
of 1995 (Pub. L. 104–4); The Congressional Review Act, 5 enforce its requirements. See section
• does not have Federalism U.S.C. 801 et seq., as added by the Small 307(b)(2).
implications as specified in Executive Business Regulatory Enforcement
Order 13132 (64 FR 43255, August 10, Fairness Act of 1996, generally provides List of Subjects in 40 CFR Part 81
1999); that before a rule may take effect, the Environmental protection, Air
• is not an economically significant agency promulgating the rule must pollution control, National parks,
regulatory action based on health or submit a rule report, which includes a Wilderness areas.
safety risks subject to Executive Order copy of the rule, to each House of the Dated: August 8, 2018.
13045 (62 FR 19885, April 23, 1997); Congress and to the Comptroller General
Onis ‘‘Trey’’ Glenn, III
• is not a significant regulatory action of the United States. EPA will submit a
subject to Executive Order 13211 (66 FR report containing this action and other Regional Administrator, Region 4.
28355, May 22, 2001); required information to the U.S. Senate, 40 CFR part 81 is amended as follows:
• is not subject to requirements of the U.S. House of Representatives, and
Section 12(d) of the National the Comptroller General of the United PART 81—DESIGNATION OF AREAS
Technology Transfer and Advancement States prior to publication of the rule in FOR AIR QUALITY PLANNING
Act of 1995 (15 U.S.C. 272 note) because the Federal Register. A major rule PURPOSES
application of those requirements would cannot take effect until 60 days after it
be inconsistent with the CAA; and ■ 1. The authority citation for part 81
is published in the Federal Register.
• will not have disproportionate continues to read as follows:
This action is not a ‘‘major rule’’ as
human health or environmental effects defined by 5 U.S.C. 804(2). Authority: 42.U.S.C. 7401, et seq.
under Executive Order 12898 (59 FR Under section 307(b)(1) of the CAA, ■ 2. In § 81.301, the table entitled
7629, February 16, 1994). petitions for judicial review of this ‘‘Alabama-2006 24-Hour PM2.5 NAAQS
This final redesignation action is not action must be filed in the United States (Primary and secondary)’’ is amended
approved to apply to any Indian Court of Appeals for the appropriate by revising the entry for ‘‘Etowah
reservation land or in any other area circuit by October 22, 2018. Filing a County’’ to read as follows:
where EPA or an Indian tribe has petition for reconsideration by the
demonstrated that a tribe has Administrator of this final rule does not § 81.301 Alabama.
jurisdiction. In those areas of Indian affect the finality of this action for the * * * * *

ALABAMA-2006 24-HOUR PM2.5 NAAQS
[Primary and secondary]

Designation a Classification
Designation area
Date 1 Type Date Type

* * * * * * *
Etowah County ........................... August 21, 2018 ......................... Unclassifiable/Attainment ........... .............................. ..............................

* * * * * * *
a Includes Indian Country located in each county or area, except as otherwise specified.
1 This date is 30 days after November 13, 2009, unless otherwise noted.

* * * * * ENVIRONMENTAL PROTECTION deletion of the Ordnance Works
[FR Doc. 2018–18034 Filed 8–20–18; 8:45 am] AGENCY Disposal Areas Superfund Site (Site)
BILLING CODE 6560–50–P located in Morgantown, West Virginia,
40 CFR Part 300 from the National Priorities List (NPL).
[EPA–HQ–SFUND–1986–0005; FRL–9982– The NPL, promulgated pursuant to
57—Region 3] section 105 of the Comprehensive
Environmental Response,
National Oil and Hazardous Compensation, and Liability Act
Substances Pollution Contingency (CERCLA) of 1980, as amended, is an
Plan; National Priorities List: Deletion appendix of the National Oil and
of the Ordnance Works Disposal Areas Hazardous Substances Pollution
Superfund Site
sradovich on DSK3GMQ082PROD with RULES

Contingency Plan (NCP). The EPA and
AGENCY: Environmental Protection the State of West Virginia, through the
Agency (EPA). West Virginia Department of
ACTION: Final rule.
Environmental Protection (WVDEP),
have determined that all appropriate
SUMMARY: The Environmental Protection response actions under CERCLA, other
Agency (EPA) Region 3 announces the than operation and maintenance,

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Federal Register / Vol. 83, No. 162 / Tuesday, August 21, 2018 / Rules and Regulations 42225

monitoring, and five-year reviews have List of Subjects in 40 CFR Part 300 comment on suggestions for
been completed. However, this deletion Environmental protection, Air streamlining the AFCARS data elements
does not preclude future actions under pollution control, Chemicals, Hazardous and removing any undue burden related
Superfund. waste, Hazardous substances, to reporting AFCARS data.
DATES: This action is effective August Intergovernmental relations, Penalties, DATES: This rule is effective on August
21, 2018. Reporting and recordkeeping 21, 2018. As of August 21, 2018, the
requirements, Superfund, Water effective date for amendatory
ADDRESSES: Docket: EPA has established pollution control, Water supply. instructions 3 and 5, published
a docket for this action under Docket December 14, 2016 at 81 FR 90524, is
Identification No. EPA–HQ–SFUND– Dated: July 31, 2018.
delayed to October 1, 2020.
1986–0005. All documents in the docket Cosmo Servidio,
FOR FURTHER INFORMATION CONTACT:
are listed in the http:// Regional Administrator, U.S. Environmental
Kathleen McHugh, Division of Policy,
www.regulations.gov index. Although Protection Agency Region 3.
Children’s Bureau at (202) 401–5789,
listed in the index, some information is For reasons set out in the preamble, CBComments@acf.hhs.gov.
not publicly available, e.g., Confidential 40 CFR part 300 is amended as follows: SUPPLEMENTARY INFORMATION: In the
Business Information or other AFCARS final rule issued on December
information whose disclosure is PART 300—NATIONAL OIL AND
14, 2016 (81 FR 90524), ACF provided
restricted by statute. Certain other HAZARDOUS SUBSTANCES
an implementation timeframe of two
material, such as copyrighted material, POLLUTION CONTINGENCY PLAN
fiscal years for title IV–E agencies to
will be publicly available only in the comply with §§ 1355.41 through
hard copy. Publicly available docket ■ 1. The authority citation for part 300
continues to read as follows: 1355.47 (81 FR 90529). On February 24,
materials are available either 2017, the President issued Executive
electronically in http:// Authority: 33 U.S.C. 1321(d); 42 U.S.C.
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, Order 13777 entitled ‘‘Enforcing the
www.regulations.gov or in hard copy at: Regulatory Reform Agenda’’. In
2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
U.S. EPA Region III, Superfund 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 response to the President’s direction
Records Center, 6th Floor, 1650 Arch FR 2923, 3 CFR, 1987 Comp., p. 193. that federal agencies establish a
Street, Philadelphia, PA 19103–2029; Regulatory Reform Task Force to review
(215) 814–3157, Monday through Friday Appendix B to Part 300—[Amended] existing regulations and make
8:00 a.m. to 5:00 p.m. ■ 2. Table 1 of Appendix B to part 300 recommendations regarding their repeal,
Morgantown Public Library, 373 is amended by removing ‘‘WV’’, replacement, or modification, the HHS
Spruce Street, Morgantown, WV 26505; ‘‘Ordnance Works Disposal Areas’’, Task Force identified the AFCARS
(304) 291–7425, Monday through ‘‘Morgantown’’. regulation as one where there may be
Saturday 9:00 a.m. to 4:00 p.m. [FR Doc. 2018–18032 Filed 8–20–18; 8:45 am] areas for reducing reporting burden.
On March 15, 2018, ACF published a
FOR FURTHER INFORMATION CONTACT: BILLING CODE 6560–50–P
notice of proposed rulemaking (NPRM)
Jeffrey Thomas, Remedial Project proposing to revise the effective date in
Manager, U.S. Environmental Protection the regulation to provide an additional
Agency, Region 3, 3HS23 1650 Arch DEPARTMENT OF HEALTH AND two fiscal years to comply with
Street Philadelphia, PA 19103, (215) HUMAN SERVICES §§ 1355.41 through 1355.47 (83 FR
814–3377, email thomas.jeffrey@ 11450). The comment period ended on
epa.gov. Administration for Children and
Families April 16, 2018. In response to the
SUPPLEMENTARY INFORMATION: The site to NPRM, we received 43 comments from
be deleted from the NPL is: Ordnance 45 CFR Part 1355 12 states, six Indian tribes or consortia,
Works Disposal Areas, Morgantown, three organizations representing tribal
RIN 0970–AC76 interests, and 22 other organizations and
West Virginia. A Notice of Intent to
Delete for this Site was published in the anonymous entities. The analysis of the
Adoption and Foster Care Analysis comments may be found in the section-
Federal Register 83 FR 28586 on June and Reporting System
20, 2018. by-section discussion of this final rule.
AGENCY: Children’s Bureau (CB); Based on our analysis of the
The closing date for comments on the comments, in this final rule ACF revised
Administration on Children, Youth and
Notice of Intent to Delete was July 20, § 1355.40 to provide an additional fiscal
Families (ACYF); Administration for
2018. No public comments were year to comply with §§ 1355.41 through
Children and Families (ACF);
received and EPA believes the deletion 1355.47. This also serves as a notice to
Department of Health and Human
action remains appropriate. title IV–E agencies that we are delaying
Services (HHS).
EPA maintains the NPL as the list of ACTION: Final rule; delay of compliance the implementation timeframe for title
sites that appear to present a significant and effective dates. IV–E agencies to make revisions to their
risk to public health, welfare, or the systems to comply with §§ 1355.41
environment. Deletion from the NPL SUMMARY: The Children’s Bureau will through 1355.47.
does not preclude further remedial delay the compliance and effective dates ACF finds good cause for these
action. Whenever there is a significant in the Adoption and Foster Care amendments to become effective on the
release from a site deleted from the NPL, Analysis and Reporting System date of publication of this action. The
sradovich on DSK3GMQ082PROD with RULES

the deleted site may be restored to the (AFCARS) 2016 final rule for title IV–E APA allows an effective date less than
NPL without application of the hazard agencies to comply with agency rules 30 days after publication as ‘‘provided
ranking system. Deletion of a site from for an additional one fiscal year. We are by the agency for good cause found and
the NPL does not affect responsible delaying the effective date due to our published with the rule’’ (5 U.S.C.
party liability in the unlikely event that advanced notice of proposed 553(d)(3)). A delayed effective date is
future conditions warrant further rulemaking (ANPRM), published on unnecessary in this case because, as
actions. March 15, 2018, seeking public stated above, any delay might lead to

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Document Created: 2018-08-21 00:07:09
Document Modified: 2018-08-21 00:07:09

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		Final rule.
Dates		This action is effective August 21, 2018.
Contact		Jeffrey Thomas, Remedial Project Manager, U.S. Environmental Protection Agency, Region 3, 3HS23 1650 Arch Street Philadelphia, PA 19103, (215) 814-3377, email [email protected]
FR Citation		83 FR 42224
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