[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Proposed Rules]
[Pages 45155-45157]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16066]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2000-0006; FRL-10011-89-Region 4]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Macalloy Corporation 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 4 is 
proposing to Delete 134-acres of the 140-acre Macalloy Corporation 
Superfund Site (Site) located at 1800 Pittsburgh Avenue, North 
Charleston, South Carolina 29405 from the National Priorities List 
(NPL) and requests public comments on this proposed action. 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 South Carolina, 
through the South Carolina Department of Health and Environmental 
Control (SCDHEC), have determined that all appropriate response actions 
at these identified parcels under CERCLA, other than groundwater 
monitoring and five-year reviews, have been completed. However, this 
deletion does not preclude future actions under Superfund. This partial 
deletion pertains to 134-acres. The remaining 6-acres with groundwater 
concentrations above the 100 ug/L Maximum Contaminant Level (MCL) for 
total chromium will remain on the NPL and is not being considered for 
deletion as part of this action.

DATES: Comments must be received by August 26, 2020.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2000-0006, 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: Zeller.Craig@epa.gov (Remedial Project Manager).

[[Page 45156]]

     Following Centers for Disease Control and Prevention (CDC) 
and Office of Policy Management (OPM) guidance and specific state 
guidelines impacting our regional offices, EPA's workforce has been 
authorized to telework to help prevent transmission of the coronavirus 
[COVID-19]. As a result there is a temporary shutdown of EPA's Docket 
Center and EPA Regional Records Centers. While in this workforce 
telework status, there are practical limitations on the ability of 
staff to collect, and for Agency personnel to respond to, ``hard copy'' 
mailed queries sent directly to Agency office locations. Therefore, 
until the workforce is able to return to office locations, EPA 
recommends that, to the extent feasible, any correspondence mailed to 
the Agency should also be sent via email.
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2000-0006. 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 
Confidential Business Information (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 due to 
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-19.

FOR FURTHER INFORMATION CONTACT: Craig Zeller, P.E., Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 4, Superfund & 
Emergency Management Division, 61 Forsyth Street SW, Atlanta, GA 30303, 
(404) 562-8827, email: Zeller.Craig@epa.gov.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Partial Site Deletion

I. Introduction

    EPA Region 4 announces its intent to delete 134-acres of the 140-
acre Macalloy Corporation Superfund Site (Site), from the National 
Priorities List (NPL) and request public comment on this proposed 
action. The NPL constitutes Appendix B of 40 CFR part 300 which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
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 those 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). This partial 
deletion of the Macalloy Corporation Superfund Site is proposed in 
accordance with 40 CFR 300.425(e) and is consistent with the Notice of 
Policy Change: Partial Deletion of Sites Listed on the National 
Priorities List. 60 FR 55466 (Nov. 1, 1995). As described in 
300.425(e)(3) of the NCP, a portion of a site deleted from the NPL 
remains eligible for Fund-financed remedial action if future conditions 
warrant such actions.
    EPA will accept comments on the proposal to partially delete this 
site for thirty (30) days after publication of this document in the 
Federal Register.
    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 where to access and review information that demonstrates how 
the deletion criteria have been met for 134-acres of the 140-acre 
Macalloy Corporation Superfund Site.

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 134-acres of the 
Site:

[[Page 45157]]

    (1) EPA consulted with the State before developing this Notice of 
Intent for Partial Deletion.
    (2) EPA has provided the state 30 working days for review of this 
action prior to publication of it today.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate.
    (4) The State of South Carolina, through the South Carolina 
Department of Health and Environmental Control has concurred with the 
deletion of 134- acres of the 140-acre Macalloy Corporation Superfund 
Site, from the NPL.
    (5) Concurrently, with the publication of this Notice of Intent for 
Partial Deletion in the Federal Register, a notice is being published 
in a major local newspaper, The Charleston Post & Courier. The 
newspaper announces the 30-day public comment period concerning the 
Notice of Intent for Partial Deletion of the Site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed 
partial deletion in the deletion docket, made these items available for 
public inspection, and copying at the Site information repositories 
identified above.
    If comments are received within the 30-day comment period on this 
document, EPA will evaluate and respond accordingly to the comments 
before making a final decision to delete the 134 acre parcel. If 
necessary, EPA will prepare a Responsiveness Summary to address any 
significant public comments received. After the public comment period, 
if EPA determines it is still appropriate to delete 134-acres of the 
140- acre Macalloy Corporation Superfund Site, the Regional 
Administrator will publish a final Notice of Partial Deletion in the 
Federal Register. Public notices, public submissions and copies of the 
Responsiveness Summary, if prepared, will be made available to 
interested parties and included in the site information repositories 
listed above.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion 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 Partial Site Deletion

    The EPA placed copies of documents supporting the proposed partial 
deletion in the deletion docket. The material provides explanation of 
EPA's rationale for the partial deletion and demonstrates how it meets 
the deletion criteria. This information is made available for public 
inspection in the docket identified above.

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.

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

    Dated: July 16, 2020.
Mary Walker,
Regional Administrator, Region 4.
[FR Doc. 2020-16066 Filed 7-24-20; 8:45 am]
BILLING CODE 6560-50-P


