[Federal Register Volume 61, Number 210 (Tuesday, October 29, 1996)]
[Rules and Regulations]
[Pages 55751-55752]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27480]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5640-1]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Notice of partial deletion of the Com Bay, near Shore/Tide 
Flats Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 10 announces 
the deletion of portions of the Com Bay, Near Shore/Tide Flats (CB/NT) 
Superfund Site, located in Tacoma, Pierce County from the National 
Priorities List (NPL). The NPL constitutes Appendix B of the National 
Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR 
part 300, which EPA promulgated pursuant to section 105 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA). EPA, in consultation with the State of Washington Department 
of Ecology and the Puyallup Tribe of Indians, has determined that the 
deleted portions of the site pose no significant threat to public 
health or the environment and, therefore, further remedial measures 
pursuant to CERCLA are not necessary.

EFFECTIVE DATE: October 29, 1996.

FOR FURTHER INFORMATION CONTACT: Ms. Allison Hiltner, Remedial Project 
Manager, U.S. EPA, Region 10 (ECL-116), 1200 Sixth Avenue, Seattle, 
Washington, 98101, (206) 553-2140.

SUPPLEMENTARY INFORMATION: The site to be partially deleted from the 
NPL is: Com Bay, Near Shore/Tide Flats Site, located in Tacoma (Pierce 
County), Washington.
    This partial deletion pertains only to the sediments contained in 
and upland properties draining only to the St. Paul or Blair Waterways, 
and to four properties which were transferred to the Puyallup Tribe of 
Indians under the Puyallup Land Settlement Act of 1989 (``Puyallup Land 
Settlement Properties''). The four deleted Puyallup Land Settlement 
Properties are the: Taylor Way Property, the East-West Road Property, 
the Blair Waterway Property, and the portion of the Blair Backup 
Property that drains only to the Blair Waterway. A map showing the 
deleted areas is provided in the Notice of Intent for Partial Deletion, 
61 FR 44269 (August 28, 1996).
    This Partial Deletion is in accordance with 40 CFR 300.425(e) and 
the Notice of Policy Change: Partial Deletion of Sites Listed on the 
National Priorities List, 60 FR 55466 (Nov. 1, 1995). A Notice of 
Intent for Partial Deletion was published on August 28, 1996 (61 FR 
44269). The closing date for comments on the Notice of Intent for 
Partial Deletion was September 27, 1996. EPA received two comment 
letters, both of which supported the partial deletion.
    EPA identifies sites which appear to present a significant risk to 
public health, welfare, or the environment and it maintains the NPL as 
the list of these sites. Sites on the NPL may be the subject of 
Hazardous Substances Response Trust Fund-financed remedial actions. Any 
site, or portion of a site, deleted from the NPL remains eligible for 
Fund-financed remedial actions in the unlikely event that conditions at 
the site warrant such action. Section 300.425 of the NCP states that 
Fund-financed actions may be taken at sites deleted from the NPL. 
Deletion of a site from the NPL does not affect responsible party 
liability or impede Agency efforts to recover costs associated with 
response efforts.

List of Subjects in 40 CFR Part 300

    Environmental protection, Chemicals, Hazardous waste, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Superfund, Water pollution control.

    Dated: October 16, 1996.

    Approved by:
Jane S. Moore,
Acting Regional Administrator, U.S. Environmental Protection Agency, 
Region 10.
    For the reasons set out in the preamble, 40 CFR part 300 is amended 
as follows:

PART 300--[AMENDED]

    1. The authority citation for part 300 continues to read as 
follows:

    Authority: 33 U.S.C 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 12777, 
56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 
CFR, 1987 Comp., p. 193.

Appendix B--[Amended]

    2. Table 1 of Appendix B to part 300 is amended by revising the 
heading for the table; the heading for the 4th column; the first note 
at the end of the table; and the entry for Com Bay, Near Shore/Tide 
Flats, Pierce County, Washington and by adding the heading ``Notes'' at 
the end of the table before the first note and a new note P to read as 
follows:

                                                           Table 1.--General Superfund Section                                                          
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               State                                           Site name                                       City/county                   Notes      
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                   *                  *                  *                  *                  *                  *                  *                  
WA................................  Com Bay, Near Shore/Tide Flats.................................  Pierce County..................  P.                
                                                                                                                                                        

[[Page 55752]]

                                                                                                                                                        
                  *                  *                  *                  *                  *                  *                  *                   
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 A=Based on issuance of a health advisor by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be > 28.50).                
*                *                *                *                *                *                                                                  
 P=Sites with partial deletion(s).                                                                                                                      

    3. Table 2 of Appendix B to part 300 is amended by revising the 
table heading, the first note at the end of the table and by revising 
the heading in the 4th column to read ``Notes'' and by adding the 
heading ``Notes'' at the end of the table before the first note and a 
new note P to read as follows:

                  Table 2.--Federal Facilities Section                  
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                  *        *        *        *        *                 
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 A=Based on issuance of a health advisor by Agency for Toxic Substances 
  and Disease Registry (if scored, HRS score need not be > 28.50).      
      *      *      *      *      *                                     
P=Sites with partial deletion(s).                                       


[FR Doc. 96-27480 Filed 10-28-96; 8:45 am]
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