SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Site Deletion

V. Deletion Action

I. Introduction

EPA Region 5 is publishing this direct final Notification of Deletion of the Scrap Processing Site from the NPL. The NPL constitutes Appendix B of 40 CFR part 300, which is the NCP, which EPA promulgated pursuant to Section 105 of CERCLA of 1980, as amended. EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Sites on the NPL may be the subject of remedial actions financed by the Hazardous Substance Superfund (Fund). As described in 40 CFR 300.425(e)(3) of the NCP, sites deleted from the NPL remain eligible for Fund-financed remedial actions if future conditions warrant such actions.

Section II of this preamble explains the criteria for deleting sites from the NPL. Section III of this preamble discusses the procedures that EPA is using for this action. Section IV of this preamble discusses where to access and review information that demonstrates how the deletion criteria have been met at the Scrap Processing Site. Section V of this preamble discusses EPA's action to delete the Scrap Processing Site from the NPL unless adverse comments are received during the public comment period.

II. NPL Deletion Criteria

The NCP establishes the criteria that EPA uses to delete sites from the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted from the NPL where no further response is appropriate. In making such a determination pursuant to 40 CFR 300.425(e), EPA will consider, in consultation with the State, whether any of the following criteria have been met:

i. Responsible parties or other persons have implemented all appropriate response actions required;

ii. All appropriate Fund-financed response under CERCLA has been implemented, and no further response action by responsible parties is appropriate; or

iii. The remedial investigation has shown that the release poses no significant threat to public health or the environment and, therefore, the taking of remedial measures is not appropriate.

Pursuant to CERCLA Section 121(c) and the NCP, EPA conducts five-year reviews to ensure the continued protectiveness of remedial actions where hazardous substances, pollutants, or contaminants remain at a site above levels that allow for unlimited use and unrestricted exposure. EPA conducts such five-year reviews even if a site is deleted from the NPL. EPA may initiate further action to ensure continued protectiveness at a deleted site if new information becomes available that indicates it is appropriate. 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.

III. Deletion Procedures

The following procedures apply to deletion of the Scrap Processing Site:

(1) EPA consulted with the State of Wisconsin prior to developing this ( printed page 45109) direct final Notification of Deletion and the Notification of Intent to Delete co-published today in the “Proposed Rules” section of the Federal Register .

(2) EPA has provided the State thirty (30) working days for review of this action and the parallel Notification of Intent to Delete prior to their publication today, and the State, through the WDNR, concurred with the deletion of the Scrap Processing Site from the NPL on July 16, 2020.

(3) Concurrently with the publication of this direct final Notification of Deletion, an announcement of the availability of the parallel Notification of Intent to Delete is being published in a major local newspaper, The Star News. The newspaper advertisement announces the 30-day public comment period concerning the Notification of Intent to Delete the Scrap Processing Site from the NPL.

(4) EPA placed copies of documents supporting the proposed deletion in the deletion docket and made these items available for public inspection and copying at https://www.regulations.gov, Docket ID No. EPA-HQ-SFUND-2005-0011 and at https://www.epa.gov/​superfund/​scrap-processing.

If adverse comments are received within the 30-day public comment period on this deletion action, EPA will publish a timely notice of withdrawal of this direct final Notification of Deletion in the Federal Register before its effective date and will prepare a response to comments and continue with the deletion process on the basis of the Notification of Intent to Delete and the comments already received.

Deletion of a site from the NPL does not itself create, alter, or revoke any individual's rights or obligations. Deletion of a site from the NPL does not in any way alter EPA's right to take enforcement actions, as appropriate. The NPL is designed primarily for informational purposes and to assist EPA management. Section 300.425(e)(3) of the NCP states that the deletion of a site from the NPL does not preclude eligibility for future response actions, should future conditions warrant such actions.

IV. Basis for Site Deletion

The EPA placed a copy of its Final Close Out Report for the Site and other documents supporting the proposed deletion in the deletion docket. The material provides the explanation of EPA's rationale for the deletion and demonstrates how it meets the deletion criteria. This information is made available for public inspection in the deletion docket available at https://www.regulations.gov, Docket ID No. EPA-HQ-SFUND-2005-0011 and at https://www.epa.gov/​superfund/​scrap-processing.

V. Deletion Action

EPA, with concurrence of the State of Wisconsin, through the WDNR, has determined that all appropriate response actions under CERCLA, other than operation and maintenance, monitoring institutional controls, and five-year reviews have been completed at the Scrap Processing Site. Therefore, EPA is deleting the Scrap Processing Site from the NPL.

Because EPA considers this action to be noncontroversial and routine, EPA is taking it without prior publication. This action will be effective September 25, 2020 unless EPA receives adverse comments by August 26, 2020. If adverse comments are received within the 30-day public comment period, EPA will publish a timely withdrawal of this direct final Notification of Deletion before its effective date and the deletion will not take effect. EPA will prepare a response to comments and continue with the deletion process on the basis of the Notification of Intent to Delete and the comments already received. There will be no additional opportunity to comment.

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

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

Authority: 33 U.S.C. 1251 et seq.

Appendix B to Part 300—[Amended]

2. Table 1 of Appendix B to part 300 is amended by removing the entry “WI,” “Scrap Processing Co., Inc.”, “Medford”.

85 FR 45107