83 FR 47842 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Union Chemical Co., Inc. Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 184 (September 21, 2018)

Page Range		47842-47843
FR Document		2018-20532

The Environmental Protection Agency (EPA) Region 1 announces the deletion of the Union Chemical Co., Inc. Superfund Site (Site) located in South Hope, Maine, 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 Maine, through the Department of Environmental Protection (MEDEP), 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 184 (Friday, September 21, 2018)

[Federal Register Volume 83, Number 184 (Friday, September 21, 2018)]
[Rules and Regulations]
[Pages 47842-47843]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20532]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0011; FRL-9983-87--Region 1]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Union Chemical Co., Inc. 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 1 announces 
the deletion of the Union Chemical Co., Inc. Superfund Site (Site) 
located in South Hope, Maine, 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 
Maine, through the Department of Environmental Protection (MEDEP), 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.

DATES: This action is effective September 21, 2018.

ADDRESSES: Docket: EPA has established a docket for this action under 
Docket Identification No. EPA-HQ-SFUND-1989-0011. All documents in the 
docket are listed on the http://www.regulations.gov website. Although 
listed in the index, some information is not publicly available, i.e., 
Confidential Business Information or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be

[[Page 47843]]

publicly available only in hard copy form. Publicly available docket 
materials are available either electronically through http://www.regulations.gov or in hard copy at the site information repository. 
Location, contacts, phone numbers and viewing hours for the site 
information repository are:
    U.S. EPA Region 1, Superfund Records Center, 5 Post Office Square, 
Suite 100, Boston, MA 02109; Phone: (617) 918-1440; Monday-Friday: 9:00 
a.m.-5:00 p.m., Saturday and Sunday: Closed.

FOR FURTHER INFORMATION CONTACT: Terrence Connelly, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 1, Mailcode 
OSRR07-1, 5 Post Office Square, Boston, MA 02109; (617) 918-1373; 
email: connelly.terry@epa.gov.

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: 
Union Chemical Co., Inc. Superfund Site, South Hope, Maine. A Notice of 
Intent to Delete for this Site was published in the Federal Register 
(83 FR 34508) on July 20, 2018.
    The closing date for comments on the Notice of Intent to Delete was 
August 20, 2018. Two public comments were received. One commenter 
argued against deletion because they believe that groundwater 
contamination is being left behind inappropriately under EPA's 2013 
technical impracticability determination and proposed Site deletion, 
and that the implementation of the Declaration of Environmental 
Covenant (deed restriction) on the Site properties was done without 
public oversight. The second commenter voiced the belief that the 
deletion was a political decision ultimately directed from the White 
House.
    In response, EPA notes that the chain of events leading to the 
proposed deletion began several years ago, when after multiple remedial 
attempts from 1996 to 2005, EPA determined in 2013 that it was 
technically impracticable to restore groundwater at the Site to 
drinking water quality. In a 2013 Record of Decision Amendment (ROD 
Amendment), EPA waived the requirement to meet groundwater cleanup 
standards due to technical impracticability because (1) the original 
groundwater pump-and-treat remedy had reached the limits of its 
effectiveness, (2) three additional innovative in situ technologies had 
proven unsuccessful in attaining the groundwater cleanup standards, and 
(3) a technical evaluation of cleanup alternatives indicated that no 
technology was available for achieving groundwater cleanup standards in 
a reasonable timeframe (in this case, under 300 years) due to Site-
specific hydrogeological and contaminant conditions. The 2013 ROD 
Amendment also adjusted the institutional control requirements of the 
remedy selected in the 1990 Record of Decision (ROD) with more 
specifics on the land use controls to be included in the deed 
restriction for the Site properties. Before the ROD Amendment was 
finalized, EPA presented about the revised site remedy in several 
meetings to the Town of Hope community. EPA received concurrence from 
the State and only positive comments from the public on the ROD 
Amendment. Consistent with the requirements of the ROD and ROD 
Amendment, MEDEP, working with the Maine Attorney General's Office and 
EPA, drafted and recorded the Declaration of Environmental Covenants. 
Upon the recording of the deed restriction, the Site became eligible 
for deletion, leading EPA to issue the Notice of Intent to Delete the 
Site.
    A responsiveness summary was prepared and placed in the docket, 
EPA-HQ-SFUND-1989-0011, on www.regulations.gov, and in the Superfund 
Records Center listed above.
    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 substances, Hazardous waste, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

     Dated: September 6, 2018.
Alexandra Dunn,
Regional Administrator, Region 1.

    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 the listing 
under Maine for ``Union Chemical Co., Inc''.

[FR Doc. 2018-20532 Filed 9-20-18; 8:45 am]
 BILLING CODE 6560-50-P

47842 Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations

Analytics (See DMM 608.8.1 for contact 3.3 IMpb Standards 2100, Washington, DC 20260–
information). [Revise the last two sentences of 3.3 2100.* * *
* * * * * to read as follows:] * * * * *
Unless otherwise excepted, We will publish an appropriate
210 Commercial Mail Priority Mail amendment to 39 CFR part 111 to reflect
Express mailpieces not meeting the
requirements for use of unique these changes.
213 Prices and Eligibility Intelligent Mail package barcodes or Ruth B. Stevenson,
* * * * * extra services barcodes as outlined in Attorney, Federal Compliance
section 204.2.1.8 and Publication 199: [FR Doc. 2018–20587 Filed 9–20–18; 8:45 am]
3.0 Basic Eligibility Standards for Intelligent Mail Package Barcode (IMpb)
Priority Mail Express Implementation Guide for: Confirmation
BILLING CODE 7710–12–P

* * * * * Services and Electronic Verification
System (eVS) Mailers, will be assessed
3.2 IMpb Standards an IMpb noncompliance fee. ENVIRONMENTAL PROTECTION
Detailed specifications are available AGENCY
[Revise the last two sentences of 3.2
to read as follows:] on PostalPro at http://postalpro.usps. 40 CFR Part 300
com.
* * * Unless otherwise excepted, [EPA–HQ–SFUND–1989–0011; FRL–9983–
* * * * *
mailpieces not meeting the 87—Region 1]
requirements for use of unique 280 Commercial Mail First-Class
Intelligent Mail package barcodes or Package Service—Commercial National Oil and Hazardous
extra services barcodes as outlined in Substances Pollution Contingency
283 Prices and Eligibility
section 204.2.1.8 and Publication 199: Plan; National Priorities List: Deletion
Intelligent Mail Package Barcode (IMpb) * * * * * of the Union Chemical Co., Inc.
Implementation Guide for: Confirmation 3.0 Basic Eligibility Standards for Superfund Site
Services and Electronic Verification First-Class Package Service— AGENCY: Environmental Protection
System (eVS) Mailers, will be assessed Commercial Agency.
an IMpb noncompliance fee. Detailed
specifications are available on PostalPro * * * * * ACTION: Final rule.
at http://postalpro.usps.com. 3.4 IMpb Standards SUMMARY: The Environmental Protection
* * * * * [Revise the text of 3.4 to read as Agency (EPA) Region 1 announces the
220 Commercial Mail Priority Mail follows:] deletion of the Union Chemical Co., Inc.
All First-Class Package Service— Superfund Site (Site) located in South
223 Prices and Eligibility Hope, Maine, from the National
Commercial parcels must bear an
* * * * * Intelligent Mail package barcode (IMpb) Priorities List (NPL). The NPL,
prepared under 204.2.0. Unless promulgated pursuant to section 105 of
3.0 Basic Eligibility Standards for the Comprehensive Environmental
otherwise excepted, mailpieces not
Priority Mail Response, Compensation, and Liability
meeting the requirements for use of
* * * * * unique Intelligent Mail package Act (CERCLA) of 1980, as amended, is
barcodes or extra services barcodes as an appendix of the National Oil and
3.2 IMpb Standards Hazardous Substances Pollution
outlined in section 204.2.1.8 and
[Revise the last two sentences of 3.2 Publication 199: Intelligent Mail Contingency Plan (NCP). The EPA and
to read as follows:] Package Barcode (IMpb) the State of Maine, through the
Implementation Guide for: Confirmation Department of Environmental Protection
* * * Unless otherwise excepted, (MEDEP), have determined that all
Services and Electronic Verification
mailpieces not meeting the appropriate response actions under
System (eVS) Mailers, will be assessed
requirements for use of unique CERCLA, other than operation and
an IMpb noncompliance fee.
Intelligent Mail package barcodes or maintenance, monitoring, and five-year
extra services barcodes as outlined in Detailed specifications are available
on PostalPro at http://postalpro.usps. reviews, have been completed.
section 204.2.1.8 and Publication 199: However, this deletion does not
Intelligent Mail Package Barcode (IMpb) com.
preclude future actions under
Implementation Guide for: Confirmation * * * * *
Superfund.
Services and Electronic Verification 600 Basic Standards For All Mailing
System (eVS) Mailers, will be assessed DATES: This action is effective
Services September 21, 2018.
an IMpb noncompliance fee.
* * * * * ADDRESSES: Docket: EPA has established
Detailed specifications are available
on PostalPro at http://postalpro.usps. 608 Postal Information and Resources a docket for this action under Docket
com. Identification No. EPA–HQ–SFUND–
* * * * * 1989–0011. All documents in the docket
* * * * * are listed on the http://
8.0 USPS Contact Information
250 Commercial Mail Parcel Select www.regulations.gov website. Although
8.1 Postal Service listed in the index, some information is
daltland on DSKBBV9HB2PROD with RULES

253 Prices and Eligibility * * * * * not publicly available, i.e., Confidential
* * * * * [Revise 608.8.1 by adding Enterprise Business Information or other
Analytics text, alphabetically to read as information whose disclosure is
3.0 Basic Eligibility Standards for follows:] restricted by statute. Certain other
Parcel Select Parcels * * * Enterprise Analytics, US Postal material, such as copyrighted material,
* * * * * Service, 475 L’Enfant Plaza SW, Room is not placed on the internet and will be

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Federal Register / Vol. 83, No. 184 / Friday, September 21, 2018 / Rules and Regulations 47843

publicly available only in hard copy groundwater cleanup standards in a Authority: 33 U.S.C. 1321(d); 42 U.S.C.
form. Publicly available docket reasonable timeframe (in this case, 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
materials are available either under 300 years) due to Site-specific 2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
electronically through http:// hydrogeological and contaminant 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52
FR 2923, 3 CFR, 1987 Comp., p. 193.
www.regulations.gov or in hard copy at conditions. The 2013 ROD Amendment
the site information repository. also adjusted the institutional control Appendix B to Part 300—[Amended]
Location, contacts, phone numbers and requirements of the remedy selected in
viewing hours for the site information the 1990 Record of Decision (ROD) with ■ 2. Table 1 of appendix B to part 300
repository are: more specifics on the land use controls is amended by removing the listing
U.S. EPA Region 1, Superfund to be included in the deed restriction for under Maine for ‘‘Union Chemical Co.,
Records Center, 5 Post Office Square, the Site properties. Before the ROD Inc’’.
Suite 100, Boston, MA 02109; Phone: Amendment was finalized, EPA [FR Doc. 2018–20532 Filed 9–20–18; 8:45 am]
(617) 918–1440; Monday–Friday: 9:00 presented about the revised site remedy BILLING CODE 6560–50–P
a.m.–5:00 p.m., Saturday and Sunday: in several meetings to the Town of Hope
Closed. community. EPA received concurrence
FOR FURTHER INFORMATION CONTACT: from the State and only positive DEPARTMENT OF COMMERCE
Terrence Connelly, Remedial Project comments from the public on the ROD
Manager, U.S. Environmental Protection Amendment. Consistent with the National Oceanic and Atmospheric
Agency, Region 1, Mailcode OSRR07–1, requirements of the ROD and ROD Administration
5 Post Office Square, Boston, MA 02109; Amendment, MEDEP, working with the
(617) 918–1373; email: connelly.terry@ Maine Attorney General’s Office and 50 CFR Part 635
epa.gov. EPA, drafted and recorded the
Declaration of Environmental [Docket No. 150121066–5717–02]
SUPPLEMENTARY INFORMATION: The site to
be deleted from the NPL is: Union Covenants. Upon the recording of the
RIN 0648–XG489
Chemical Co., Inc. Superfund Site, deed restriction, the Site became eligible
South Hope, Maine. A Notice of Intent for deletion, leading EPA to issue the Atlantic Highly Migratory Species;
to Delete for this Site was published in Notice of Intent to Delete the Site. Atlantic Bluefin Tuna Fisheries
the Federal Register (83 FR 34508) on A responsiveness summary was
prepared and placed in the docket, AGENCY: National Marine Fisheries
July 20, 2018.
The closing date for comments on the EPA–HQ–SFUND–1989–0011, on Service (NMFS), National Oceanic and
Notice of Intent to Delete was August www.regulations.gov, and in the Atmospheric Administration (NOAA),
20, 2018. Two public comments were Superfund Records Center listed above. Commerce.
received. One commenter argued against EPA maintains the NPL as the list of ACTION: Temporary rule; General
deletion because they believe that sites that appear to present a significant category September fishery for 2018;
groundwater contamination is being left risk to public health, welfare, or the inseason bluefin tuna quota transfer and
behind inappropriately under EPA’s environment. Deletion from the NPL closure.
2013 technical impracticability does not preclude further remedial
SUMMARY: NMFS transfers 60 metric
determination and proposed Site action. Whenever there is a significant
tons (mt) of Atlantic bluefin tuna (BFT)
deletion, and that the implementation of release from a site deleted from the NPL,
quota from the Reserve category to the
the Declaration of Environmental the deleted site may be restored to the
September 2018 subquota period and
Covenant (deed restriction) on the Site NPL without application of the hazard
closes the General category fishery for
properties was done without public ranking system. Deletion of a site from
large medium and giant BFT until the
oversight. The second commenter the NPL does not affect responsible
General category reopens on October 1,
voiced the belief that the deletion was party liability in the unlikely event that
2018. The quota transfer is intended to
a political decision ultimately directed future conditions warrant further
provide additional fishing opportunities
from the White House. actions.
In response, EPA notes that the chain based on consideration of the regulatory
of events leading to the proposed List of Subjects in 40 CFR Part 300 determination criteria regarding
deletion began several years ago, when inseason adjustments and applies to
Environmental protection, Air Atlantic tunas General category
after multiple remedial attempts from pollution control, Chemicals, Hazardous
1996 to 2005, EPA determined in 2013 (commercial) permitted vessels and
substances, Hazardous waste, Highly Migratory Species (HMS)
that it was technically impracticable to Intergovernmental relations, Penalties,
restore groundwater at the Site to Charter/Headboat category permitted
Reporting and recordkeeping vessels with a commercial sale
drinking water quality. In a 2013 Record requirements, Superfund, Water
of Decision Amendment (ROD endorsement when fishing
pollution control, Water supply. commercially for BFT. Given that the
Amendment), EPA waived the
Dated: September 6, 2018. adjusted quota is projected to be caught
requirement to meet groundwater
cleanup standards due to technical Alexandra Dunn, quickly, the closure is to prevent
impracticability because (1) the original Regional Administrator, Region 1. overharvest of the adjusted General
groundwater pump-and-treat remedy category September 2018 BFT subquota.
For reasons set out in the preamble,
had reached the limits of its DATES: The quota transfer is effective
40 CFR part 300 is amended as follows:
effectiveness, (2) three additional September 18, 2018 through September
daltland on DSKBBV9HB2PROD with RULES

innovative in situ technologies had PART 300—NATIONAL OIL AND 30, 2018. The closure is effective 11:30
proven unsuccessful in attaining the HAZARDOUS SUBSTANCES p.m., local time, September 23, 2018,
groundwater cleanup standards, and (3) POLLUTION CONTINGENCY PLAN through September 30, 2018.
a technical evaluation of cleanup FOR FURTHER INFORMATION CONTACT:
alternatives indicated that no ■ 1. The authority citation for part 300 Sarah McLaughlin or Brad McHale,
technology was available for achieving continues to read as follows: 978–281–9260.

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Document Created: 2018-09-21 00:24:26
Document Modified: 2018-09-21 00:24:26

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		Rules and Regulations
Action		Final rule.
Dates		This action is effective September 21, 2018.
Contact		Terrence Connelly, Remedial Project Manager, U.S. Environmental Protection Agency, Region 1, Mailcode OSRR07-1, 5 Post Office Square, Boston, MA 02109; (617) 918-1373; email: [email protected]
FR Citation		83 FR 47842
CFR Associated		Environmental Protection; Air Pollution Control; Chemicals; Hazardous Substances; Hazardous Waste; Intergovernmental Relations; Penalties; Reporting and Recordkeeping Requirements; Superfund; Water Pollution Control and Water Supply