[Federal Register Volume 85, Number 144 (Monday, July 27, 2020)]
[Rules and Regulations]
[Pages 45107-45109]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-16248]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-SFUND-2005-0011; FRL-10012-63-Region 5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Scrap Processing Co., Inc. 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is 
publishing a direct final Notification of Deletion of the Scrap 
Processing Co., Inc. Superfund Site (Scrap Processing Site or Site), 
located in Medford, Wisconsin, 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 direct final deletion 
is being published by EPA with the concurrence of the State of 
Wisconsin, through the Wisconsin Department of Natural Resources (WDNR) 
because EPA has determined that all appropriate response actions under 
CERCLA, other than operation and maintenance, monitoring institutional 
controls, and five-year reviews, have been completed. However, this 
deletion does not preclude future actions under Superfund.

DATES: This direct final deletion is effective September 25, 2020 
unless EPA receives adverse comments by August 26, 2020. If adverse 
comments are received, 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-2005-0011, by one of the following methods:
     https://www.regulations.gov. Follow the on-line 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from Regulations.gov. EPA may publish any comment 
received to its public docket. Do not submit electronically any

[[Page 45108]]

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. 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://www.epa.gov/dockets/commenting-epa-dockets.
     Email: Deletions@usepa.onmicrosoft.com.
    Written comments submitted by mail are temporarily suspended and no 
hand deliveries will be accepted. We encourage the public to submit 
comments via email or at https://www.regulations.gov.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
2005-0011. 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, Docket ID No. EPA-HQ-SFUND-2005-0011. 
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 hard copy. Publicly 
available docket materials are available electronically at https://www.regulations.gov and at https://www.epa.gov/superfund/scrap-processing or you may contact the person identified in the FOR FURTHER 
INFORMATION CONTACT section for additional availability information.
    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: Karen Cibulskis, NPL Deletion 
Coordinator, U.S. Environmental Protection Agency Region 5, at (312) 
886-1843 or via email at cibulskis.karen@epa.gov.

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

[[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.

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: July 22, 2020.
Kurt Thiede,
Regional Administrator, Region 5.

    For the reasons set out in this document, 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. 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 
``WI,'' ``Scrap Processing Co., Inc.'', ``Medford''.

[FR Doc. 2020-16248 Filed 7-24-20; 8:45 am]
BILLING CODE 6560-50-P


