[Federal Register Volume 63, Number 53 (Thursday, March 19, 1998)]
[Proposed Rules]
[Pages 13385-13386]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7136]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-5980-7]


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

AGENCY: Environmental Protection Agency.

ACTION: Reopening of the comment period for the notice of intent to 
delete the Berlin and Farro Liquid Incineration Site from the National 
Priorities List.

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SUMMARY: The United States Environmental Protection Agency (U.S. EPA) 
Region V announces the reopening of the comment period for its intent 
to delete the Berlin and Farro Liquid Incineration Site (the Site) from 
the National Priorities List (NPL) and requests public comment on this 
action. The NPL constitutes Appendix B of 40 CFR Part 300 which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 
which U.S. EPA promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 
(CERCLA) as amended. This action is being taken by U.S. EPA, because it 
has been determined that the responsible parties have implemented all 
appropriate response actions required under CERCLA. U.S. EPA, in 
consultation with the State of Michigan, has determined that no further 
response is appropriate. Moreover, U.S. EPA and the State have 
determined that remedial activities conducted at the Site to date have 
been protective of public health, welfare, and the environment.

DATES: Comments concerning the proposed deletion of the Site from the 
NPL may be submitted on or before April 20, 1998.

ADDRESSES: Comments may be mailed to Gladys Beard, Associate Remedial 
Project Manager, Superfund Division, U.S. EPA, Region V, 77 W. Jackson 
Blvd. (SR-6J), Chicago, IL 60604. Comprehensive information on the site 
is available at U.S. EPA's Region V office and at the local information 
repository located at: Gaines Township Hall, 9255 W. Grand Blanc Rd., 
Gaines, Michigan 48436. Requests for comprehensive copies of documents 
should be directed formally to the Region V Docket Office. The address 
and phone number for the Regional Docket Officer is Jan Pfundheller (H-
7J), U.S. EPA, Region V, 77 W. Jackson Blvd., Chicago, IL 60604, (312) 
353-5821.

FOR FURTHER INFORMATION CONTACT: Gladys Beard (SR-6J), Associate 
Remedial Project Manager, Superfund Division, U.S. EPA, Region V, 77 W. 
Jackson Blvd., Chicago, IL 60604, (312) 886-7253 or Don Deblasio (P-
19J), Office of Public Affairs, U.S. EPA, Region V, 77 W. Jackson 
Blvd., Chicago, IL 60604, (312) 886-4360.

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    The U.S. Environmental Protection Agency (EPA) Region V announces 
its Reopening of the comment period for the intent to delete the Berlin 
and Farro Liquid Incineration Site from the National Priorities List 
(NPL), which constitutes Appendix B of the National Oil and Hazardous 
Substances Pollution

[[Page 13386]]

Contingency Plan (NCP), and requests comments on the proposed deletion. 
The EPA identifies sites that appear to present a significant risk to 
public health, welfare or the environment, and maintains the NPL as the 
list of those sites. Sites on the NPL may be the subject of remedial 
actions financed by the Potentially Responsible Parties or the 
Hazardous Substance Superfund Response Trust Fund (Fund). Pursuant to 
Sec. 300.425(e)(3) of the NCP, any site deleted from the NPL remains 
eligible for Fund-financed remedial actions if the conditions at the 
Site warrant such action.
    The U.S. EPA will accept comments on this proposal for thirty (30) 
days after publication of this document in the Federal Register.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the history of this site and 
explains how the Site meets the deletion criteria.
    Deletion of sites from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Furthermore, deletion 
from the NPL does not in any way alter U.S. EPA's right to take 
enforcement actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist in Agency management.

II. NPL Deletion Criteria

    The NCP establishes the criteria that the Agency 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 this determination, U.S. 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; or
    (ii) All appropriate Fund-financed responses under CERCLA have 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, remedial measures are not appropriate.

III. Deletion Procedures

    Upon determination that at least one of the criteria described in 
Sec. 300.425(e) has been met, U.S. EPA may formally begin deletion 
procedures once the State has concurred. This Federal Register 
document, and a concurrent notice in the local newspaper in the 
vicinity of the Site, announce the initiation of a 30-day comment 
period. The public is asked to comment on U.S. EPA's intention to 
delete the Site from the NPL. All critical documents needed to evaluate 
U.S. EPA's decision are included in the information repository and the 
deletion docket.
    Upon completion of the public comment period, if necessary, the 
U.S. EPA Regional Office will prepare a Responsiveness Summary to 
evaluate and address comments that were received. The public is welcome 
to contact the U.S. EPA Region V Office to obtain a copy of this 
responsiveness summary, if one is prepared. If U.S. EPA then determines 
the deletion from the NPL is appropriate, final notice of deletion will 
be published in the Federal Register.

IV. Basis for Intended Site Deletion

    The Environmental Protection Agency announces the reopening of the 
comment period for Berlin and Farro Liquid Incineration Site. The 
Notice of Intent to Delete was published in the Federal Register on 
January 21, 1998. The original basis for deleting the Site from the NPL 
has not changed. Federal Register (63 FR 3061) provides a thorough 
discussion of the basis for the intended site deletion.

    Dated: March 9, 1998.
David A. Ullrich,
Acting Regional Administrator, U.S. EPA, Region V.
[FR Doc. 98-7136 Filed 3-18-98; 8:45 am]
BILLING CODE 6560-50-P