[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5578-5579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01748]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-10004-87-Region 8]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Idaho Pole Co. 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 8 announces 
the deletion of the surface and unsaturated subsurface soils outside of 
the 4.5 acre Treated Soils Area of the Idaho Pole Co. Superfund Site 
(Site) located in Bozeman, Montana 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). This partial 
deletion pertains to the surface and unsaturated subsurface soils 
remedy component outside of the 4.5 acre Treated Soils Area of the 
Idaho Pole Company Superfund Site. The groundwater, sediments and 
saturated subsurface soils are being addressed as part of the 
groundwater remedy component and are not being considered for deletion 
as part of this action. The EPA and the State of Montana, through the 
Department of Environmental Quality (DEQ), have determined that all 
appropriate response actions under CERCLA, other than operation and 
maintenance, monitoring-and five-year reviews, have been completed. 
However, the deletion of the surface and unsaturated surface soils 
outside of the 4.5 acre Treated Soils Area does not preclude future 
actions under Superfund.

DATES: This action is effective January 31, 2020.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-HQ-SFUND-1986-0005. 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 5579]]

publicly available only in hard copy form. Publicly available docket 
materials are available electronically in http://www.regulations.gov; 
by calling EPA Region 8 at (406) 457-5046 and leaving a message; and at 
the U.S EPA Montana Office, Federal Building, Suite 3200, 10 West 15th 
Street, Helena, MT 59626, Hours: Monday to Friday from 8:00 a.m.-5:00 
p.m.; and the Bozeman Public Library, 626 East Main Street, Bozeman, MT 
59715; (406) 582-2400, Hours: (Library hours vary).

FOR FURTHER INFORMATION CONTACT: Roger Hoogerheide, Remedial Project 
Manager, U.S. EPA Montana Office, Federal Building, Suite 3200, 10 West 
15th Street Helena, MT 59626: (406) 457-5031 or (866) 457-2690 
extension 1, email hoogerheide.roger@epa.gov.

SUPPLEMENTARY INFORMATION: The portion of the site to be deleted from 
the NPL is: Surface and unsaturated subsurface soils outside of the 
Treated Soils Area of the Idaho Pole Co. Superfund Site in Bozeman, 
Montana. A Notice of Intent for Partial Deletion for this Site was 
published in the Federal Register (84 FR 34839) on July 19, 2019.
    The closing date for comments on the Notice of Intent for Partial 
Deletion was August 19, 2019 and extended to September 6, 2019. Two 
written and three oral public comments were received and expressed 
concerns about future redevelopment of the Site, the extent of the 
Superfund investigation and remedy, as well as the source and fate of 
the contaminants. The properties that were remediated under the 
Superfund process have land and groundwater use restrictions placed on 
them to ensure future redevelopment of the property will remain 
protective of human health and the environment. A Notice of 
Institutional Control was filed with the Gallatin County Clerk and 
Recorder in 2010 on this 4.5 acres that applies restrictions on new 
construction and excavation. EPA investigations identified all possible 
sources of surface and unsaturated soils that needed cleanup. 
Contaminated soils were excavated, treated and placed on-site. The 4.5 
acre Treated Soils Area is the location where all treated soils were 
placed after on-site treatment. Treated soils are located on the 4.5 
acres that remain on the NPL. Additional data needs to be collected 
before the Site's sediments can be deleted.
    EPA believes the partial deletion action is appropriate. A 
responsiveness summary to public comments with supporting materials was 
prepared and placed in both the docket, EPA-HQ-SFUND-1986-0005, 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 of a site 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 portions 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: January 22, 2020.
Gregory E. Sopkin,
Regional Administrator, Region 8.

    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(c)(2); 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 revising the listing 
under Montana for ``Idaho Pole Co'' to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
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                 State                          Site name                 City/county              Notes (a)
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                                                  * * * * * * *
MT....................................  Idaho Pole Co............  Bozeman..................                  P
 
                                                  * * * * * * *
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(a) = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be greater than or equal to 28.50).
 * * * * * * *
P = Sites with partial deletion(s).
 * * * * * * *

[FR Doc. 2020-01748 Filed 1-30-20; 8:45 am]
 BILLING CODE 6560-50-P


