83 FR 48256 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Dorney Road Landfill Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 185 (September 24, 2018)

Page Range		48256-48257
FR Document		2018-20745

The Environmental Protection Agency (EPA) Region 3 announces the deletion of the Dorney Road Landfill Superfund Site (Site) located in located in Longswamp and Upper Macungie Townships, in Berks and Lehigh Counties, Pennsylvania 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 Commonwealth of Pennsylvania, through the Pennsylvania Department of Environmental Protection (PADEP, Northeast Region), have determined that all appropriate response actions under CERCLA, other than operation and maintenance (O&M), monitoring, and Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund.

Federal Register, Volume 83 Issue 185 (Monday, September 24, 2018)

[Federal Register Volume 83, Number 185 (Monday, September 24, 2018)]
[Rules and Regulations]
[Pages 48256-48257]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20745]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2005-0011; FRL-9984-24--Region 3]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Dorney Road Landfill 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 3 announces 
the deletion of the Dorney Road Landfill Superfund Site (Site) located 
in located in Longswamp and Upper Macungie Townships, in Berks and 
Lehigh Counties, Pennsylvania 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 
Commonwealth of Pennsylvania, through the Pennsylvania Department of 
Environmental Protection (PADEP, Northeast Region), have determined 
that all appropriate response actions under CERCLA, other than 
operation and maintenance (O&M), monitoring, and Five-Year Reviews, 
have been completed. However, this deletion does not preclude future 
actions under Superfund.

DATES: This action is effective September 24, 2018.

ADDRESSES: Docket: EPA has established a docket for this action under 
Docket Identification No. EPA-HQ-SFUND-2005-0011. 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 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 repositories. Locations, contacts, 
phone numbers and viewing hours are:

USEPA Region III Administrative Records Room, 1650 Arch Street, 6th 
Floor, Philadelphia, PA 19103-2029, 215-814-3157. Business Hours: 
Monday through Friday, 8:00 a.m.-4:30 p.m.; by appointment only
Local Repository, Upper Macungie Township Building, 8330 Schantz Road, 
Breinigsville, PA 18031. Business Hours: Monday through Friday, 7:30 
a.m.-4:00 p.m.

FOR FURTHER INFORMATION CONTACT: David Greaves, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region III, 3HS21, 1650 
Arch Street, Philadelphia, PA 19103, 215-814-5729, email: 
[email protected].

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: 
Dorney Road Landfill Superfund Site, Longswamp and Upper Macungie 
Townships, in Berks and Lehigh Counties, Pennsylvania. A Notice of

[[Page 48257]]

Intent to Delete for this Site was published in the Federal Register 
(83 FR 33177) on July 17, 2018.
    The closing date for comments on the Notice of Intent to Delete was 
August 16, 2018. No adverse or Site related public comments were 
received during the comment period. Therefore, no responsiveness 
summary was prepared.
    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: August 31, 2018.
Cosmo Servidio,
Regional Administrator, Region III.

    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 Pennsylvania for ``Dorney Road Landfill''.

[FR Doc. 2018-20745 Filed 9-21-18; 8:45 am]
 BILLING CODE 6560-50-P

48256 Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations

PART 63—NATIONAL EMISSION Operated after July 9, 1981, effective Counties, Pennsylvania from the
STANDARDS FOR HAZARDOUS AIR February 16, 2010 (incorporated by National Priorities List (NPL). The NPL,
POLLUTANTS FOR SOURCE reference, see § 63.14) as described in promulgated pursuant to section 105 of
CATEGORIES paragraph (a)(30)(iii)(A) of this section: the Comprehensive Environmental
(A) The material incorporated by Response, Compensation, and Liability
■ 4. The authority citation for part 63 reference from Chapter Env-Sw 2100, Act (CERCLA) of 1980, as amended, is
continues to read as follows: Management and Control of Asbestos an appendix of the National Oil and
Authority: 42 U.S.C. 7401 et seq. Disposal Sites Not Operated after July 9, Hazardous Substances Pollution
1981, pertains to inactive waste disposal Contingency Plan (NCP). The EPA and
Subpart A—General Provisions sites not operated after July 9, 1981 in the Commonwealth of Pennsylvania,
the State of New Hampshire’s through the Pennsylvania Department of
■ 5. Section 63.14 is amended by jurisdiction, and has been approved Environmental Protection (PADEP,
revising paragraph (l)(6) to read as under the procedures in § 63.93 to be Northeast Region), have determined that
follows: implemented and enforced in place of all appropriate response actions under
§ 63.14 Incorporation by reference.
the Federal NESHAPs for Inactive Waste CERCLA, other than operation and
Disposal Sites (40 CFR 61.151). maintenance (O&M), monitoring, and
* * * * * (B) [Reserved] Five-Year Reviews, have been
(l) * * * (iv) Affected asbestos facilities (i.e., completed. However, this deletion does
(6)(i) New Hampshire Regulations at facilities found under 40 CFR part 61, not preclude future actions under
Env-Sw 2100, Management and Control subpart M, except those listed under Superfund.
of Asbestos Disposal Sites Not Operated paragraph (a)(30)(iii)) of this section)
after July 9, 1981, effective February 16, DATES: This action is effective
must comply with the New Hampshire
2010 (including a letter from Thomas S. September 24, 2018.
Code of Administrative Rules, Chapter
Burack, Commissioner, Department of Env-A 1800, Asbestos Management and ADDRESSES: Docket: EPA has established
Environmental Services, State of New Control, effective as of May 5, 2017 a docket for this action under Docket
Hampshire, to Carol J. Holahan, (incorporated by reference as specified Identification No. EPA–HQ–SFUND–
Director, Office of Legislative Services, in § 63.14) as described in paragraph 2005–0011. All documents in the docket
dated February 12, 2010, certifying that (a)(30)(iv)(A) of this section: are listed on the http://
the enclosed rule, Env-Sw 2100, is the (A) The material incorporated by www.regulations.gov website. Although
official version of this rule), IBR reference from Chapter Env-A 1800, listed in the index, some information is
approved for § 63.99(a). Asbestos Management and Control, not publicly available, i.e., Confidential
(ii) New Hampshire Code of pertains to those affected sources in the Business Information or other
Administrative Rules: Chapter Env-A State of New Hampshire’s jurisdiction, information whose disclosure is
1800, Asbestos Management and and has been approved under the restricted by statute. Certain other
Control, effective as of May 5, 2017 procedures in § 63.93 to be material, such as copyrighted material,
(certified with June 23, 2017 letter from implemented and enforced in place of is not placed on the internet and will be
Clark B. Freise, Assistant Commissioner, the federal NESHAPs found at 40 CFR publicly available only in hard copy
Department of Environmental Services, part 61, subpart M (except those listed form. Publicly available docket
State of New Hampshire), as follows: under paragraph (a)(30)(iii) of this materials are available either
Revision Notes #1 and #2; Part Env-A section). electronically through http://
1801–1807, excluding Env-A 1801.02(e), (B) [Reserved] www.regulations.gov or in hard copy at
Env-A 1801.07, Env-A 1802.02, Env-A the site information repositories.
* * * * *
1802.04, Env-A 1802.07–1802.09, Env-A [FR Doc. 2018–20478 Filed 9–21–18; 8:45 am]
Locations, contacts, phone numbers and
1802.13, Env-A 1802.15–1802.17, Env-A viewing hours are:
BILLING CODE 6560–50–P
1802.25, Env-A 1802.31, Env-A 1802.37, USEPA Region III Administrative
Env-A 1802.40, Env-A 1802.44, and Records Room, 1650 Arch Street, 6th
Env-A 1803.05–1803.09; and ENVIRONMENTAL PROTECTION Floor, Philadelphia, PA 19103–2029,
Appendices B, C, and D; IBR approved AGENCY 215–814–3157. Business Hours:
for § 63.99(a). Monday through Friday, 8:00 a.m.–
* * * * * 40 CFR Part 300 4:30 p.m.; by appointment only
[EPA–HQ–SFUND–2005–0011; FRL–9984–
Local Repository, Upper Macungie
Subpart E—Approval of State 24—Region 3] Township Building, 8330 Schantz
Programs and Delegation of Federal Road, Breinigsville, PA 18031.
Authorities National Oil and Hazardous Business Hours: Monday through
Substances Pollution Contingency Friday, 7:30 a.m.–4:00 p.m.
■ 6. Section 63.99 is amended by Plan; National Priorities List: Deletion FOR FURTHER INFORMATION CONTACT:
revising paragraphs (a)(30)(iii) and (iv) of the Dorney Road Landfill Superfund David Greaves, Remedial Project
to read as follows: Site Manager, U.S. Environmental Protection
§ 63.99 Delegated Federal authorities. Agency, Region III, 3HS21, 1650 Arch
AGENCY: Environmental Protection
* * * * * Street, Philadelphia, PA 19103, 215–
Agency.
(a) * * * 814–5729, email: greaves.david@
ACTION: Final rule. epa.gov.
(30) * * *
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(iii) Affected inactive waste disposal SUMMARY: The Environmental Protection SUPPLEMENTARY INFORMATION: The site to
sites not operated after July 9, 1981 Agency (EPA) Region 3 announces the be deleted from the NPL is: Dorney
within New Hampshire must comply deletion of the Dorney Road Landfill Road Landfill Superfund Site,
with New Hampshire Regulations Superfund Site (Site) located in located Longswamp and Upper Macungie
Chapter Env-Sw 2100: Management and in Longswamp and Upper Macungie Townships, in Berks and Lehigh
Control of Asbestos Disposal Sites Not Townships, in Berks and Lehigh Counties, Pennsylvania. A Notice of

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Federal Register / Vol. 83, No. 185 / Monday, September 24, 2018 / Rules and Regulations 48257

Intent to Delete for this Site was DEPARTMENT OF VETERANS VAAM; adds a new section to provide
published in the Federal Register (83 AFFAIRS the legislative authorities for
FR 33177) on July 17, 2018. withdrawal of distilled spirits from
48 CFR Parts 829, 846, 847, 852, and bonded premises free of tax or without
The closing date for comments on the
870 payment of tax by, and for the use of,
Notice of Intent to Delete was August
RIN 2900–AQ04 the VA; removes section 829.302,
16, 2018. No adverse or Site related
Application of State and local taxes to
public comments were received during the Government, to the VAAM; removes
the comment period. Therefore, no VA Acquisition Regulation: Taxes;
Quality Assurance; Transportation; 829.302–70, Purchases made from
responsiveness summary was prepared. patients’ funds, and the clause it
Solicitation Provisions and Contract
EPA maintains the NPL as the list of Clauses; and Special Procurement prescribes, 852.229–70, Sales or Use
sites that appear to present a significant Controls Taxes.
risk to public health, welfare, or the In part 846, Quality Assurance, this
environment. Deletion from the NPL AGENCY: Department of Veterans Affairs. rule adds a definition of ‘‘rejected
does not preclude further remedial ACTION: Final rule. goods’’ as used in a revised clause;
action. Whenever there is a significant revises subpart 846.3 to prescribe
SUMMARY: The Department of Veterans clauses 852.236–74, Inspection of
release from a site deleted from the NPL, Affairs (VA) is amending and updating
the deleted site may be restored to the Construction, 852.246–71, Rejected
its VA Acquisition Regulation (VAAR) Goods, 852.246–72, Frozen Processed
NPL without application of the hazard in phased increments to revise or Foods, 852.246–73, Noncompliance
ranking system. Deletion of a site from remove any policy superseded by with Packaging, Packing, and/or
the NPL does not affect responsible changes in the Federal Acquisition Marking Requirements, and 852.246–76,
party liability in the unlikely event that Regulation (FAR), to remove procedural Purchase of Shellfish; it reduces subpart
future conditions warrant further guidance internal to VA into the VA 846.4 to three sections, 846.408–70,
actions. Acquisition Manual (VAAM), and to Inspection of subsistence, 846.470, Use
incorporate any new agency specific of commercial organizations for
List of Subjects in 40 CFR Part 300
regulations or policies. These changes inspections and grading services, and
Environmental protection, Air seek to streamline and align the VAAR 846.471, Food service equipment; it
pollution control, Chemicals, Hazardous with the FAR and remove outdated and removes a warranty clause because there
substances, Hazardous waste, duplicative requirements and reduce are sufficient FAR warranty clauses that
Intergovernmental relations, Penalties, burden on contractors. The VAAM could be used; removes policy requiring
Reporting and recordkeeping incorporates portions of the removed USDA inspections for subsistence since
requirements, Superfund, Water VAAR as well as other internal agency the Department of Agriculture no longer
acquisition policy. VA will rewrite requires this type of inspection; removes
pollution control, Water supply.
certain parts of the VAAR and VAAM, coverage requiring inspection of repairs
Dated: August 31, 2018. and as VAAR parts are rewritten, we for properties under the Loan Guaranty
Cosmo Servidio, will publish them in the Federal Program and Direct Loan Programs, as
Regional Administrator, Region III. Register. In particular, this rulemaking such sections are unnecessary given that
revises VAAR concerning Taxes; a private contractor performs such
For reasons set out in the preamble, Quality Assurance; Transportation; inspection and repair functions on VA’s
40 CFR part 300 is amended as follows: Solicitation Provisions and Contract behalf; and provides coverage to state
Clauses; and Special Procurement VA’s policy regarding guarantee period
PART 300—NATIONAL OIL AND Controls. services.
HAZARDOUS SUBSTANCES This rule adds guidance in part 847 to
DATES: This rule is effective on October
POLLUTION CONTINGENCY PLAN contracting officers for VA
24, 2018.
transportation contracts and
FOR FURTHER INFORMATION CONTACT: Mr. transportation-related services and
■ 1. The authority citation for part 300
Rafael N. Taylor, Senior Procurement subsequent payments on those
continues to read as follows: Analyst, Procurement Policy and contracts; provides guidance on
Authority: 33 U.S.C. 1321(d); 42 U.S.C. Warrant Management Services, 003A2A, contractual requirements for insurance
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 425 I Street NW, Washington, DC 20001, provisions and contractor personnel
2013 Comp., p. 306; E.O. 12777, 56 FR 54757, (202) 382–2787. (This is not a toll-free performing on VA transportation
3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 number.) contracts; provides consignment
FR 2923, 3 CFR, 1987 Comp., p. 193. SUPPLEMENTARY INFORMATION: On April instructions; and adds a clause
Appendix B to Part 300—[Amended] 25, 2018, VA published a proposed rule providing packing instructions to ensure
in the Federal Register (83 FR 17979) acceptance by common carriers and safe
■ 2. Table 1 of appendix B to part 300 which announced VA’s intent to amend delivery at destination.
is amended by removing the listing regulations for VAAR Case RIN 2900– This rule also removes all remaining
under Pennsylvania for ‘‘Dorney Road AQ04 (parts 829, 846, and 847). In sections of part 870 as the guidance
Landfill’’. particular, this final rule revises the 829 included therein was either moved to
authorities to include the applicable other parts, out of date, or duplicative
[FR Doc. 2018–20745 Filed 9–21–18; 8:45 am]
U.S. code citations where the Secretary of the FAR.
BILLING CODE 6560–50–P of the Treasury has exempted spirits VA provided a 60-day comment
daltland on DSKBBV9HB2PROD with RULES

and alcohol purchases by the Federal period for the public to respond to the
government, pursuant to 26 U.S.C. proposed rule. The comment period for
5214(a)(2), 26 U.S.C. 5271, and 26 the proposed rule ended on June 25,
U.S.C. 7510; removes section 829.202– 2018 and VA received no comments.
70, Tax exemptions for alcohol This document adopts as a final rule the
products, updates and moves it to the proposed rule published in the Federal

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Document Created: 2018-09-22 00:33:21
Document Modified: 2018-09-22 00:33:21

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 24, 2018.
Contact		David Greaves, Remedial Project Manager, U.S. Environmental Protection Agency, Region III, 3HS21, 1650 Arch Street, Philadelphia, PA 19103, 215-814-5729, email: [email protected]
FR Citation		83 FR 48256
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