Proposed Rules. Proposed rule

Agency: Environmental Protection Agency (EPA)
Action: Proposed rule
Citation: FR Doc. 2020-16066 · EPA-HQ-SFUND-2000-0006; FRL-10011-89-Region 4 · 40 CFR 300

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.

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: (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]