83 FR 6981 - National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Deletion of the Hatheway & Patterson Superfund Site

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 33 (February 16, 2018)

Page Range		6981-6982
FR Document		2018-03275

The Environmental Protection Agency (EPA) Region 1 announces the deletion of the Hatheway & Patterson Superfund Site (Site) located in Mansfield and Foxborough, Massachusetts, 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 Massachusetts, through the Massachusetts Department of Environmental Protection (MassDEP), 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 33 (Friday, February 16, 2018)

[Federal Register Volume 83, Number 33 (Friday, February 16, 2018)]
[Rules and Regulations]
[Pages 6981-6982]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-03275]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2002-0001; FRL-9974-43--Region 1]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Hatheway & Patterson 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 1 announces 
the deletion of the Hatheway & Patterson Superfund Site (Site) located 
in Mansfield and Foxborough, Massachusetts, 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 Massachusetts, through the Massachusetts Department 
of Environmental Protection (MassDEP), 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 February 16, 2018.

ADDRESSES: Docket: EPA has established a docket for this action under 
Docket Identification No. EPA-HQ-SFUND-2002-0001. 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:
    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: Kimberly White, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 1, OSRR07-1, 
Boston, MA 02109-3912, (617) 918-1752, email: [email protected].

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: 
Hatheway & Patterson Superfund Site, Mansfield and Foxborough, 
Massachusetts. A notification of deletion for this Site was published 
in the Federal Register (82 FR 56939) on December 1, 2017.

[[Page 6982]]

    The closing date for comments on the notification of deletion was 
January 2, 2018. Six (6) public comments were received and three of the 
comments questioned whether EPA completed what is required under CERCLA 
and whether deletion of the Site was appropriate; the remaining three 
comments did not articulate a position on the proposed deletion. As a 
result of the comments, EPA published a notification of withdrawal of 
the direct final rule in the Federal Register (83 FR 4431) on January 
31, 2018, withdrawing the direct final deletion for the Site and 
announcing it would evaluate and respond to the significant comments 
and, if appropriate, proceed with the traditional two-step deletion 
process.
    After consideration of the comments received, EPA concluded that 
the deletion of the Site is still appropriate. Based on EPA's 
evaluation of the data, the remedy protects human health and the 
environment because remediation of the soil (soil removal and on-site 
consolidation) has been completed to cleanup levels that are considered 
protective for the anticipated future use of the property, there is no 
current use of on-site groundwater which is classified as non-potable, 
and institutional controls are in place. Operation and maintenance 
activities are on-going and will ensure that the consolidation area and 
associated components of the remedy (e.g., groundwater monitoring 
wells) remain in good condition. In addition, monitoring of groundwater 
will continue to assess the protectiveness of the remedy. Monitoring 
data collected as part of the operation and maintenance plan for the 
Site will continue to be collected for the foreseeable future and the 
data will be continuously evaluated. The data will be reported as part 
of the next Five- Year Review scheduled for 2019. During the Five-Year 
Review, EPA will evaluate whether the remedy remains protective. If 
additional actions are warranted, EPA will implement those actions. A 
responsiveness summary was prepared which addresses all comments 
received on the deletion and provides further rationale that the 
deletion is appropriate. The responsiveness summary may be viewed in 
both the docket, EPA-HQ-SFUND-2002-0001, on www.regulations.gov, and in 
the local repositories 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 waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: January 29, 2018.
Alexandra Dapolito 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 ``MA'', 
``Hatheway and Patterson Company'', ``Mansfield''.

[FR Doc. 2018-03275 Filed 2-15-18; 8:45 am]
BILLING CODE 6560-50-P

Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations 6981

under Executive Order 12898, entitled and pests, Reporting and recordkeeping ACTION: Final rule.
‘‘Federal Actions to Address requirements.
Environmental Justice in Minority SUMMARY: The Environmental Protection
Dated: January 30, 2018. Agency (EPA) Region 1 announces the
Populations and Low-Income Daniel J. Rosenblatt,
Populations’’ (59 FR 7629, February 16, deletion of the Hatheway & Patterson
Acting Director, Registration Division, Office Superfund Site (Site) located in
1994). of Pesticide Programs.
Since tolerances and exemptions that Mansfield and Foxborough,
are established on the basis of a petition Therefore, 40 CFR chapter I is Massachusetts, from the National
under FFDCA section 408(d), such as amended as follows: Priorities List (NPL). The NPL,
the tolerances in this final rule, do not promulgated pursuant to section 105 of
PART 180—[AMENDED] the Comprehensive Environmental
require the issuance of a proposed rule,
the requirements of the Regulatory Response, Compensation, and Liability
■ 1. The authority citation for part 180 Act (CERCLA) of 1980, as amended, is
Flexibility Act (RFA) (5 U.S.C. 601 et continues to read as follows:
seq.), do not apply. an appendix of the National Oil and
Authority: 21 U.S.C. 321(q), 346a and 371. Hazardous Substances Pollution
This action directly regulates growers,
■ 2. In § 180.361:
Contingency Plan (NCP). The EPA and
food processors, food handlers, and food
■ a. Revise the introductory text of
the Commonwealth of Massachusetts,
retailers, not States or tribes, nor does
paragraph (a)(1). through the Massachusetts Department
this action alter the relationships or
■ b. Revise the entries for ‘‘Alfalfa,
of Environmental Protection (MassDEP),
distribution of power and
forage’’; and ‘‘Alfalfa, hay’’ in the table have determined that all appropriate
responsibilities established by Congress
in paragraph (a)(1). response actions under CERCLA, other
in the preemption provisions of FFDCA
The revisions read as follows: than operation and maintenance,
section 408(n)(4). As such, the Agency
monitoring, and five-year reviews, have
has determined that this action will not
§ 180.361 Pendimethalin; tolerances for been completed. However, this deletion
have a substantial direct effect on States residues. does not preclude future actions under
or tribal governments, on the
(a)(1) General. Tolerances are Superfund.
relationship between the national
government and the States or tribal established for residues of the herbicide DATES: This action is effective February
governments, or on the distribution of pendimethalin, including its 16, 2018.
power and responsibilities among the metabolites and degradates, in or on the ADDRESSES: Docket: EPA has established
various levels of government or between commodities. Compliance with the a docket for this action under Docket
the Federal Government and Indian tolerance levels specified in the Identification No. EPA–HQ–SFUND–
tribes. Thus, the Agency has determined following table below is to be 2002–0001. All documents in the docket
that Executive Order 13132, entitled determined by measuring only the sum are listed on the http://
‘‘Federalism’’ (64 FR 43255, August 10, of pendimethalin, [N-(1-ethylpropyl)- www.regulations.gov website. Although
1999) and Executive Order 13175, 3,4-dimethyl-2,6-dinitrobenzenamine] listed in the index, some information is
entitled ‘‘Consultation and Coordination and its metabolite, 4-[(1- not publicly available, i.e., Confidential
with Indian Tribal Governments’’ (65 FR ethylpropyl)amino]-2-methyl-3,5- Business Information or other
67249, November 9, 2000) do not apply dinitrobenzyl alcohol, calculated as the information whose disclosure is
to this action. In addition, this action stoichiometric equivalent of restricted by statute. Certain other
does not impose any enforceable duty or pendimethalin, in or on the commodity. material, such as copyrighted material,
contain any unfunded mandate as is not placed on the internet and will be
Parts publicly available only in hard copy
described under Title II of the Unfunded Commodity per
Mandates Reform Act (UMRA) (2 U.S.C. million form. Publicly available docket
1501 et seq.). materials are available either
This action does not involve any Alfalfa, forage ........................... 80 electronically through http://
technical standards that would require Alfalfa, hay ................................ 150 www.regulations.gov or in hard copy at
Agency consideration of voluntary the site information repositories.
* * * * * Locations, contacts, phone numbers and
consensus standards pursuant to section
12(d) of the National Technology viewing hours are:
* * * * * U.S. EPA Region 1, Superfund
Transfer and Advancement Act [FR Doc. 2018–03277 Filed 2–15–18; 8:45 am]
(NTTAA) (15 U.S.C. 272 note). Records Center, 5 Post Office Square,
BILLING CODE 6560–50–P Suite 100, Boston, MA 02109, Phone:
VII. Congressional Review Act 617–918–1440, Monday–Friday: 9:00
Pursuant to the Congressional Review a.m.–5:00 p.m., Saturday and Sunday—
ENVIRONMENTAL PROTECTION Closed.
Act (5 U.S.C. 801 et seq.), EPA will AGENCY
submit a report containing this rule and FOR FURTHER INFORMATION CONTACT:
other required information to the U.S. 40 CFR Part 300 Kimberly White, Remedial Project
Senate, the U.S. House of Manager, U.S. Environmental Protection
Representatives, and the Comptroller [EPA–HQ–SFUND–2002–0001; FRL–9974– Agency, Region 1, OSRR07–1, Boston,
43—Region 1] MA 02109–3912, (617) 918–1752, email:
General of the United States prior to
publication of the rule in the Federal white.kimberly@epa.gov.
National Oil and Hazardous
Register. This action is not a ‘‘major INFORMATION: The site to
daltland on DSKBBV9HB2PROD with RULES

Substances Pollution Contingency SUPPLEMENTARY
rule’’ as defined by 5 U.S.C. 804(2). Plan; National Priorities List: Deletion be deleted from the NPL is: Hatheway
of the Hatheway & Patterson & Patterson Superfund Site, Mansfield
List of Subjects in 40 CFR Part 180
Superfund Site and Foxborough, Massachusetts. A
Environmental protection, notification of deletion for this Site was
Administrative practice and procedure, AGENCY: Environmental Protection published in the Federal Register (82
Agricultural commodities, Pesticides Agency. FR 56939) on December 1, 2017.

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6982 Federal Register / Vol. 83, No. 33 / Friday, February 16, 2018 / Rules and Regulations

The closing date for comments on the the deleted site may be restored to the is necessary to prevent exceeding the A
notification of deletion was January 2, NPL without application of the hazard season allowance of the 2018 Pacific
2018. Six (6) public comments were ranking system. Deletion of a site from cod total allowable catch apportioned to
received and three of the comments the NPL does not affect responsible vessels using pot gear in the Central
questioned whether EPA completed party liability in the unlikely event that Regulatory Area of the GOA.
what is required under CERCLA and future conditions warrant further DATES: Effective 1200 hours, Alaska
whether deletion of the Site was actions. local time (A.l.t.), February 14, 2018,
appropriate; the remaining three through 1200 hours, A.l.t., June 10,
comments did not articulate a position List of Subjects in 40 CFR Part 300
2018.
on the proposed deletion. As a result of Environmental protection, Air
FOR FURTHER INFORMATION CONTACT:
the comments, EPA published a pollution control, Chemicals, Hazardous
Obren Davis, 907–586–7228.
notification of withdrawal of the direct waste, Hazardous substances,
final rule in the Federal Register (83 FR Intergovernmental relations, Penalties, SUPPLEMENTARY INFORMATION: NMFS
4431) on January 31, 2018, withdrawing Reporting and recordkeeping manages the groundfish fishery in the
the direct final deletion for the Site and requirements, Superfund, Water GOA exclusive economic zone
announcing it would evaluate and pollution control, Water supply. according to the Fishery Management
respond to the significant comments Plan for Groundfish of the Gulf of
Dated: January 29, 2018. Alaska (FMP) prepared by the North
and, if appropriate, proceed with the
Alexandra Dapolito Dunn, Pacific Fishery Management Council
traditional two-step deletion process.
After consideration of the comments Regional Administrator Region 1. under authority of the Magnuson-
received, EPA concluded that the For reasons set out in the preamble, Stevens Fishery Conservation and
deletion of the Site is still appropriate. 40 CFR part 300 is amended as follows: Management Act. Regulations governing
Based on EPA’s evaluation of the data, fishing by U.S. vessels in accordance
the remedy protects human health and PART 300—NATIONAL OIL AND with the FMP appear at subpart H of 50
the environment because remediation of HAZARDOUS SUBSTANCES CFR part 600 and 50 CFR part 679.
the soil (soil removal and on-site POLLUTION CONTINGENCY PLAN Regulations governing sideboard
consolidation) has been completed to protections for GOA groundfish
cleanup levels that are considered ■ 1. The authority citation for part 300 fisheries appear at subpart B of 50 CFR
protective for the anticipated future use continues to read as follows: part 680.
of the property, there is no current use Authority: 33 U.S.C. 1321(d); 42 U.S.C. The A season allowance of the 2018
of on-site groundwater which is 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, Pacific cod total allowable catch (TAC)
classified as non-potable, and 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, apportioned to vessels using pot gear in
institutional controls are in place. 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 the Central Regulatory Area of the GOA
Operation and maintenance activities FR 2923, 3 CFR, 1987 Comp., p. 193. is 1,075 metric tons (mt), as established
are on-going and will ensure that the Appendix B to Part 300—[Amended] by the final 2017 and 2018 harvest
consolidation area and associated specifications for groundfish of the GOA
components of the remedy (e.g., ■ 2. Table 1 of appendix B to part 300 (82 FR 12032, February 27, 2017) and
groundwater monitoring wells) remain is amended by removing ‘‘MA’’, inseason adjustment (82 FR 60327,
in good condition. In addition, ‘‘Hatheway and Patterson Company’’, December 20, 2017).
monitoring of groundwater will ‘‘Mansfield’’. In accordance with § 679.20(d)(1)(i),
continue to assess the protectiveness of [FR Doc. 2018–03275 Filed 2–15–18; 8:45 am] the Administrator, Alaska Region,
the remedy. Monitoring data collected BILLING CODE 6560–50–P
NMFS (Regional Administrator) has
as part of the operation and determined that the A season allowance
maintenance plan for the Site will of the 2018 Pacific cod TAC
continue to be collected for the apportioned to vessels using pot gear in
DEPARTMENT OF COMMERCE
foreseeable future and the data will be the Central Regulatory Area of the GOA
continuously evaluated. The data will National Oceanic and Atmospheric will soon be reached. Therefore, the
be reported as part of the next Five- Administration Regional Administrator is establishing a
Year Review scheduled for 2019. During directed fishing allowance of 1,065 mt
the Five-Year Review, EPA will evaluate 50 CFR Part 679 and is setting aside the remaining 10 mt
whether the remedy remains protective. as bycatch to support other anticipated
If additional actions are warranted, EPA [Docket No. 160920866–7167–02] groundfish fisheries. In accordance with
will implement those actions. A § 679.20(d)(1)(iii), the Regional
RIN 0648–XF891
responsiveness summary was prepared Administrator finds that this directed
which addresses all comments received Fisheries of the Exclusive Economic fishing allowance has been reached.
on the deletion and provides further Zone Off Alaska; Pacific Cod by Consequently, NMFS is prohibiting
rationale that the deletion is Vessels Using Pot Gear in the Central directed fishing for Pacific cod by
appropriate. The responsiveness Regulatory Area of the Gulf of Alaska vessels using pot gear in the Central
summary may be viewed in both the Regulatory Area of the GOA. After the
docket, EPA–HQ–SFUND–2002–0001, AGENCY: National Marine Fisheries effective date of this closure the
on www.regulations.gov, and in the Service (NMFS), National Oceanic and maximum retainable amounts at
local repositories listed above. Atmospheric Administration (NOAA), § 679.20(e) and (f) apply at any time
daltland on DSKBBV9HB2PROD with RULES

EPA maintains the NPL as the list of Commerce. during a trip.
sites that appear to present a significant ACTION: Temporary rule; closure.
risk to public health, welfare, or the Classification
environment. Deletion from the NPL SUMMARY: NMFS is prohibiting directed This action responds to the best
does not preclude further remedial fishing for Pacific cod by vessels using available information recently obtained
action. Whenever there is a significant pot gear in the Central Regulatory Area from the fishery. The Assistant
release from a site deleted from the NPL, of the Gulf of Alaska (GOA). This action Administrator for Fisheries, NOAA

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Document Created: 2018-02-16 00:55:39
Document Modified: 2018-02-16 00:55:39

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 February 16, 2018.
Contact		Kimberly White, Remedial Project Manager, U.S. Environmental Protection Agency, Region 1, OSRR07-1, Boston, MA 02109-3912, (617) 918-1752, email: [email protected]
FR Citation		83 FR 6981
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