[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Rules and Regulations]
[Pages 43706-43708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15644]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2010-0636; FRL-10011-18-Region 2]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Deletion of the Hormigas Ground Water Plume 
Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 2 is 
publishing a direct final Notice of Deletion of the Hormigas Ground 
Water Plume Superfund Site (Site), located in Caguas, Puerto Rico, 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, with the concurrence of the Commonwealth of Puerto Rico 
(Commonwealth), through the Department of Natural and Environmental 
Resources (DNER), has determined that all appropriate response actions 
under CERCLA have been completed. However, this deletion does not 
preclude future actions under Superfund.

DATES: This direct final deletion is effective September 18, 2020 
unless the EPA receives adverse comments by August 19, 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-2010-0636, 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: bosque.adalberto@epa.gov.
     Phone: Public comment by phone may be made by calling 
(787) 977-5819 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-
2010-0636. The 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 the 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 the 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, the 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 the EPA cannot read your comment because of 
technical difficulties and cannot contact you for clarification, the 
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 the 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: Dr. Adalberto Bosque Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 2, U.S. 
Environmental Protection Agency, City View Plaza II--Suite 7000, 48 RD, 
165 Km. 1.2, Guaynabo, PR 00968-8069, (787) 977-5825, email: 
bosque.adalberto@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

    The EPA Region 2 is publishing this direct final Notice of Deletion 
of the Hormigas Ground Water Plume 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), which the EPA promulgated pursuant to section 
105 of the Comprehensive Environmental Response, Compensation and 
Liability Act (CERCLA) of 1980, as amended. The 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

[[Page 43707]]

(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 document explains the criteria for deleting 
sites from the NPL. Section III of this document discusses procedures 
that the EPA is using for this action. Section IV of this document 
discusses the Hormigas Ground Water Plume Superfund Site and 
demonstrates how it meets the deletion criteria. Section V of this 
document discusses the 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 the 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), the 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.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:
    (1) The EPA consulted with the Commonwealth 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) The EPA has provided the Commonwealth 30 working days for 
review of this document and the parallel Notice of Intent to Delete 
prior to their publication today, and the Commonwealth, through 
Department of Natural and Environmental Resources, has concurred on the 
deletion of the Site from the NPL.
    (3) 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 newspaper known as 
Primera Hora. The newspaper notice announces the 30-day public comment 
period concerning the Notice of Intent to Delete the Site from the NPL.
    (4) The 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.
    (5) If adverse comments are received within the 30-day public 
comment period on this deletion action, the 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 the EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist the 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 following information provides the EPA's rationale for deleting 
the Site from the NPL:

Site Background and History

    The Hormigas Ground Water Plume Site (CERCLIS ID PRN000206359) is 
located between the municipalities of Caguas and Aguas Buenas in east-
central Puerto Rico, within the area of two former public water supply 
wells, the Hormigas and Eufracia wells. Volatile organic compounds 
(VOCs) were detected above federal Safe Drinking Water Act Maximum 
Contaminant Levels (MCLs) in the Eufracia public water supply well in 
2006. Groundwater samples collected and analyzed by the Puerto Rico 
Aqueduct and Sewer Authority from the Hormigas public water system 
revealed the presence of tetrachloroethene in the Eufracia public 
supply well at levels as high as 29 micrograms per liter ([micro]g/L). 
In February 2009, the Eufracia public supply well was ordered closed by 
the Puerto Rico Department of Health. Subsequently, the Hormigas public 
supply well was also closed, thus shutting down the entire Hormigas 
water supply system. Currently, the community is served by the Cidra 
public supply system, which is located outside of the impacted area.
    The Site was proposed to the NPL on October 21, 2010 (75 FR 64976) 
and added as final to the NPL on March 10, 2011 (76 FR 13084). The EPA 
added the Site to the NPL because of the VOCs that were found in 
groundwater that was the potable drinking water source for the 
Ca[ntilde]aboncito and Caguitas communities. The VOCs are classified as 
site-related contaminants because they were detected in the Eufracia 
public supply well at elevated levels. The EPA funded a remedial 
investigation (RI) to assess site conditions and evaluate alternatives, 
if necessary, to address those conditions and select a remedy.

Remedial Investigation and Feasibility Study (RI/FS)

    During 2013-2016, the RI was performed to define the nature and 
extent of contamination in Site media by collecting and analyzing 
samples and then comparing analytical results to federal, Commonwealth, 
and Site-specific screening criteria. During the RI, the VOC 
contamination in the Eufracia well previously identified in 2006 had 
dissipated to such a degree that no exceedances of MCLs were noted. 
Furthermore, no VOC source areas were identified in soils, and no 
residual contaminant plume was found. The EPA concluded in the RI that 
the VOCs detected prior to 2010 were attributable to a highly 
localized, short-term release, and that natural processes within the 
aquifer (e.g., biodegradation and dispersion) caused the VOC residues 
to decrease during the intervening period when the EPA's RI was being 
performed. Because no Site-related contamination was found, the EPA 
determined that no action was necessary to protect public health or 
welfare or the environment. The DNER concurs with the EPA's 
recommendation. On September 28, 2016, a ``No Action'' Record of 
Decision was issued for the Site. No additional monitoring or operation 
and maintenance of a remedy is required. Five-year reviews will not be 
required.
    On September 19 and 20, 2017, Hurricane Maria severely damaged the 
Commonwealth. Coming just two weeks after Hurricane Irma, the storm 
significantly damaged local infrastructure and interrupted the 
provision of essential services to the people of Puerto Rico. As part 
of the Commonwealth's recovery efforts, the EPA assisted by 
investigating for potential on-site and off-site environmental impacts 
and structural/physical damages from the 2017 hurricanes to existing 
NPL sites located

[[Page 43708]]

in Puerto Rico. Synoptic gauging of groundwater levels was performed at 
the Site on October 26, 2018, to support evaluation of hydrogeologic 
impacts as a result of the hurricanes. One round of sampling was 
performed from October 27 to 31, 2018, with samples collected from the 
former public supply wells (the Hormigas and Eufracia wells) and two 
wells the EPA had installed as part of the RI. Post-Hurricane Maria VOC 
results revealed that concentrations of site-related contaminants 
remained consistent with previous sampling results conducted during the 
RI.

Community Involvement

    Public participation activities for the Site have been satisfied as 
required pursuant to sections 113(k) and 117 of CERCLA, 42 U.S.C. 
9613(k) and 9617. As part of the remedy selection process in 2016, the 
public was invited to comment on the proposed ``No Action'' remedy. All 
other documents and information that the EPA relied on or considered in 
recommending this deletion are available for the public to review at 
the information repositories identified above and at the EPA's website 
for the Site: https://www.epa.gov/superfund/hormigas-ground-water-plume. The public is provided the opportunity to comment on this 
proposed action.

Determination That the Site Meets the Criteria for Deletion in the NCP

    The EPA, with the concurrence of the Commonwealth through the DNER, 
has determined that no further response is appropriate. The criteria 
for deletion from the NPL, as set forth at 40 CFR 300.425(e), are met. 
A RI/FS has shown that the release poses no significant threat to 
public health or the environment, and, therefore, taking remedial 
measures are not appropriate. The Commonwealth, through the DNER in a 
December 19, 2019 letter, concurred with the proposed deletion of the 
Site from the NPL.

V. Deletion Action

    The EPA, with concurrence of the Commonwealth through the DNER, has 
determined that no further response action under CERCLA is appropriate. 
Therefore, the EPA is deleting the Site from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, the EPA is taking it without prior publication. This action 
will be effective September 18, 2020 unless the EPA receives adverse 
comments by August 19, 2020. If adverse comments are received within 
the 30-day public comment period, the 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. The 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 the 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. 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 
``PR'', ``Hormigas Ground Water Plume'', ``Caguas''.

[FR Doc. 2020-15644 Filed 7-17-20; 8:45 am]
BILLING CODE 6560-50-P


