[Federal Register Volume 85, Number 140 (Tuesday, July 21, 2020)]
[Rules and Regulations]
[Pages 44003-44005]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15723]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1986-0005; FRL-10011-65-Region 2]


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

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 2 is 
publishing a direct final Notice of Deletion of the FMC Dublin Road 
Superfund Site (Site), located in the Towns of Shelby and Ridgeway, 
Orleans County, NY, 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 New York, through the 
New York Department of Environmental Conservation, 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 direct final rule is effective September 21, 2020 unless 
the EPA receives adverse comments by August 20, 2020. If adverse 
comments are received, the EPA will publish a timely withdrawal of the 
direct final deletion in the Federal Register informing the public that 
the deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-1986-0005, by one of the following methods:
     https://www.regulations.gov. Follow on-line instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be confidential business information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: rodrigues.isabel@epa.gov.
     Phone: Public comment by phone may be made by calling 
(212) 637-4271 and following the directions provided for public 
comment.
     Written comments submitted by mail are temporarily 
suspended and no hand deliveries will be accepted. We encourage the 
public to submit comments via https://www.regulations.gov.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
1986-0005. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be (CBI) 
or other information whose disclosure is restricted by statute. Do not 
submit information that you consider to be CBI or otherwise protected 
through https://www.regulations.gov or email. The https://www.regulations.gov website is an ``anonymous access'' system, which 
means EPA will not know your identity or contact information unless you 
provide it in the body of your comment. If you send an email comment 
directly to EPA without going through https://www.regulations.gov, your 
email address will be automatically captured and included as part of 
the comment that is placed in the public docket and made available on 
the internet. If you submit an electronic comment, EPA recommends that 
you include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment because of technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available electronically 
in https://www.regulations.gov. The EPA is temporarily suspending its 
Docket Center and Regional Records Centers for public visitors to 
reduce the risk of transmitting COVID-19. In addition, many site 
information repositories are closed and information in these 
repositories, including the deletion docket, has not been updated with 
hardcopy or electronic media. For further information and updates on 
EPA Docket Center services, please visit us online at https://www.epa.gov/dockets.
    The EPA continues to carefully and continuously monitor information 
from the Centers for Disease Control and Prevention (CDC), local area 
health departments, and our Federal partners so that we can respond 
rapidly as conditions change regarding COVID.

FOR FURTHER INFORMATION CONTACT: Isabel R. Fredricks, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 2, 290 Broadway, 
19th Floor, New York, NY 10007, 212 637-4248, email: 
rodrigues.isabel@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

[[Page 44004]]

II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 2 is publishing this direct final Notice of Deletion of 
the FMC Dublin Road Superfund Site, from the National Priorities List 
(NPL). The NPL constitutes appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
and which EPA promulgated pursuant to section 105 of the Comprehensive 
Environmental Response, Compensation and Liability Act (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 responsible parties or by the Hazardous Substance Superfund 
(Fund). As described in 40 CFR 300.425(e)(3) of the NCP, sites deleted 
from the NPL are eligible for Fund-financed remedial actions if future 
conditions warrant such action.
    Section II of this preamble explains the criteria for deleting 
sites from the NPL. Section III of this preamble discusses procedures 
that EPA is using for this action. Section IV of this preamble 
discusses the FMC Dublin Road Superfund Site and demonstrates how it 
meets the deletion criteria. Section V of this preamble discusses EPA's 
action to delete the 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 Site:
    (1) EPA consulted with the State prior to developing this direct 
final Notice of Deletion and the Notice of Intent to Delete co-
published today in the ``Proposed Rules'' section of the Federal 
Register.
    (2) EPA has provided the State 30 working days for review of this 
document and the parallel Notice of Intent to Delete prior to their 
publication today, and the State of New York through the New York State 
Department of Environmental Conservation, has concurred on the deletion 
of the Site from the NPL.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate;
    (4) Concurrently with the publication of this direct final Notice 
of Deletion, a notice of the availability of the parallel Notice of 
Intent to Delete is being published in a major local newspaper known as 
Lockport Sun and Journal. The newspaper notice announces the 30-day 
public comment period concerning the Notice of Intent to Delete the 
site from the NPL.
    (5) EPA placed copies of documents supporting the proposed deletion 
in the deletion docket and made these items available for public 
inspection and copying at the Site information repositories identified 
above.
    (6) If adverse comments are received within the 30-day public 
comment period on this deletion action, EPA will publish a timely 
document of withdrawal of this direct final Notice of Deletion before 
its effective date and will prepare a response to comments and continue 
with the deletion process on the basis of the Notice 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 copies of documents supporting the proposed deletion 
in the deletion docket. The material provides 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 docket identified above.

V. Deletion Action

    The EPA, with concurrence of the State, has determined that all 
appropriate response actions under CERCLA, other than operation and 
maintenance, monitoring, and five-year reviews, have been completed 
have been completed. Therefore, EPA is deleting the 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 21, 2020 unless EPA receives adverse comments by 
August 20, 2020. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of deletion before the effective date of the 
deletion, and it will not take effect. EPA will prepare a response to 
comments and continue with the deletion process on the basis of the 
notice of intent to delete and the comments already received. There 
will be no additional opportunity to comment.

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.

Peter Lopez,
Regional Administrator, Region 2.

    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:


[[Page 44005]]


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

Appendix B to Part 300--[Amended]

0
2. Table 1 of appendix B to part 300 is amended by removing the entry 
``NY'', ``FMC Corp. (Dublin Road Landfill)'', ``Town of Shelby''.

[FR Doc. 2020-15723 Filed 7-20-20; 8:45 am]
BILLING CODE 6560-50-P


