[Federal Register Volume 84, Number 107 (Tuesday, June 4, 2019)]
[Proposed Rules]
[Pages 25725-25729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-11542]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1987-0002; FRL-9994-04-Region 7]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Shaw Avenue Dump 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) Region 7 is issuing 
a Notice of Intent to Delete the Operable Unit 1--Chemical Fill and 
Contaminated Soil (OU1) of the Shaw Avenue Dump Superfund Site (Site) 
located in Charles City, Floyd County, Iowa, from the National 
Priorities List, or 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, or NCP. The EPA and 
the state of Iowa, through the Iowa Department of Natural Resources, 
have determined that all appropriate response actions at these 
identified parcels under CERCLA, other than operations and maintenance 
and five-year reviews, have been completed. However, this deletion does 
not preclude future actions under Superfund.
    This partial deletion pertains to the Operable Unit 1--Chemical 
Fill and Contaminated Soil. The Operable Unit 2--Groundwater will 
remain on the NPL and is not being considered for deletion as part of 
this action.

DATES: Comments must be received on or before July 5, 2019.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
SFUND-1987-0002, by one of the following methods: https://www.regulations.gov follow the online instructions for submitting 
comments; email [email protected] or [email protected]; 
or by mail to Environmental Protection Agency Region 7, 11201 Renner 
Boulevard, Lenexa, KS 66219 Attention: Elizabeth Hagenmaier, Superfund 
and Emergency Management Division (SEMD) or Pam Houston, Office of 
Intergovernmental Affairs/Community Section (OIG). Publicly available 
docket materials are available either electronically at https://www.regulations.gov or in hard copy at: EPA Region 7 Records Center at 
11201 Renner Boulevard, Lenexa, Kansas 66219, between 8:00 a.m. and 
4:00 p.m. Monday-Friday, excluding Federal holidays.
    Instructions: All submissions received must include the Docket ID 
No. for this rulemaking. Comments received will be posted without 
change to https://www.regulations.gov/, including any personal 
information provided. For detailed instructions on sending comments and 
additional information on the rulemaking process, see the ``Written 
Comments'' heading of the SUPPLEMENTARY INFORMATION section of this 
document.

FOR FURTHER INFORMATION CONTACT: Elizabeth Hagenmaier, Remedial Project 
Manager, U.S. Environmental Protection Agency Region 7, SEMD/LMSE, 
11201 Renner Boulevard, Lenexa, KS 66219, telephone (913) 551-7939, 
email: [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or 
``our'' refer to the EPA. This section provides additional information 
by addressing the following:

Table of Contents

I. Written Comments
II. Introduction
III. NPL Deletion Criteria
IV. Deletion Procedures
V. Basis for Intended Partial Site Deletion

I. Written Comments

    Submit your comments, identified by Docket ID No. EPA-HQ-SFUND-
2003-0010, at https://www.regulations.gov. Alternatively, you may 
submit comments by email or mail to the persons and addresses listed in 
the ADDRESSES section of this document. 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

[[Page 25726]]

making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.

II. Introduction

    The EPA Region 7 announces its intent to delete the OU1--Chemical 
Fill and Contaminated Soil of the Shaw Avenue Dump Superfund Site 
(Site), from the National Priorities List, or NPL, and requests 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, or NCP, and 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 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 Shaw Avenue 
Dump 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.
    The 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 III of this document explains the criteria for deleting 
sites from the NPL. Section IV discusses procedures that the EPA is 
using for this action. Section V discusses the OU1--Chemical Fill and 
Contaminated Soil of the Shaw Avenue Dump Superfund Site and 
demonstrates how it meets the deletion criteria.

III. 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.
    Pursuant to CERCLA section 121(c) and the NCP, the 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. The EPA conducts such five-year reviews even if a site is 
deleted from the NPL. The 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.

IV. Deletion Procedures

    The following procedures apply to deletion of the OU1--Chemical 
Fill and Contaminated Soil of the Site:
    (1) The EPA consulted with the state Iowa, through the Iowa 
Department of Natural Resources, before developing this Notice of 
Intent for Partial Deletion.
    (2) The EPA has provided the state thirty working days for review 
of this document prior to publication of it today.
    (3) In accordance with the criteria discussed above, the EPA has 
determined that no further response is appropriate.
    (4) The state of Iowa, through the Iowa Department of Natural 
Resources, has concurred with the deletion of the OU1--Chemical Fill 
and Contaminated Soil of the Shaw Avenue Dump 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 Charles City Press. 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 and 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, the EPA will evaluate and respond appropriately to the 
comments before making a final decision to delete the OU1--Chemical 
Fill and Contaminated Soil of the Shaw Avenue Dump Superfund Site. If 
necessary, the EPA will prepare a Responsiveness Summary to address any 
significant public comments received. After the public comment period, 
if the EPA determines it is still appropriate to delete the OU1--
Chemical Fill and Contaminated Soil, 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.

V. Basis for Intended Partial Site Deletion

    The following information provides EPA's rationale for deleting the 
OU1--Chemical Fill and Contaminated Soil of the Shaw Avenue Dump 
Superfund Site from the NPL.

Site Background and History

    The Shaw Avenue Dump Superfund Site (Site), CERCLIS ID 
#IAD980630560 is located on the southeastern edge of Charles City, 
Floyd County, Iowa, approximately 600 feet from the Cedar River, near 
the intersection of Shaw Avenue and Clark Street. The Site is owned by 
Charles City, occupies approximately 24 acres of the Cedar River 100-
year floodplain, and was operated as a municipal disposal site from 
prior to 1949 to 1964.
    Charles City purchased the northern area of the Site in 1899 and 
continued to acquire adjoining property until 1964. The Site had been 
used for an unknown amount of time prior to 1949 as a landfill/dump and 
continued to be used as such through 1964.
    Two areas in the northern half of the Site were used from 1949 to 
1953 to dispose of an estimated 14,000 to 28,000 cubic feet of arsenic-
contaminated solid waste generated by Salsbury Laboratories, Inc. 
(later Solvay Animal

[[Page 25727]]

Health, Inc.) from the chemical batch processing of arsenic compounds 
used in the production of animal pharmaceuticals. Salsbury 
Laboratories, Inc., also generated liquid waste during the period 
between 1949 and 1964 which it discharged to the municipal wastewater 
treatment plant. Charles City then disposed of the generated sludges in 
the Site's northern waste cells and in an undefined area on the 
southern portion of the Site. An estimated 10,000 tons of this sludge 
was disposed between 1949 and 1964. Remedial Investigation 
characterization of the disposal cells containing Salsbury wastes 
indicate the presence of significant concentrations of arsenic, 
cadmium, chromium, lead and volatile and semi-volatile organic 
compounds, or VOCs and SVOCs.
    The Site was identified as a potentially hazardous waste site by 
the Iowa Department of Natural Resources, or IDNR in 1977. IDNR studied 
the Site and documented arsenic contamination in surface water in an 
abandoned gravel pit near the Site, issuing several reports between 
1977 and 1981. No removal actions have been implemented at the Site. A 
preliminary assessment was conducted in 1984.

Remedial Investigation and Feasibility Study (RI/FS)

    The Site was proposed for the NPL on September 18, 1985 (50 FR 
37950) and listed as final on the NPL on July 22, 1987 (52 FR 27620). A 
remedial investigation, or RI, addressing soil contamination was 
initiated in 1988 and completed in 1990. A second RI addressing 
groundwater was initiated in 1992 and completed in 1999. In 1997, 
separate from the Record of Decision, or ROD, or consent order 
requirements discussed in the Selected Remedy section below, Charles 
City closed/abandoned two private residential wells located near the 
Site and provided these residences with connections to municipal water.
    Forty individual compounds, in addition to a group of similar 
polyaromatic hydrocarbons, were identified as contaminants of potential 
concern in the soil, surface water, groundwater, and chemical fill at 
the Site. Major contaminants of concern include arsenic and cadmium. 
The chemical fill and the adjacent contaminated soil were considered 
the source of contamination for the groundwater. Using the 
characterization data collected during the 1990 RI, a human health 
baseline risk assessment was completed in 1991. Toxicity information 
for all chemicals of concern were evaluated and exposures were assumed 
based on reasonable assumptions about current and future uses of the 
Site. A Risk Assessment Addendum was completed in 1998 in support of 
the OU2 ROD. Human health risks were posed by a future residential use 
of the Site, including ingestion, inhalation, and dermal contact from 
surface water, ground water, and soil. Based on the cancer risk levels 
and hazard indices presented in the risk assessment addendum and the 
institutional controls subsequently implemented prohibiting the 
location of a residence or installation of a groundwater well, no 
unacceptable risk to human health or the environment from exposure to 
contaminated groundwater exists at the Shaw Avenue Dump site, assuming 
no on-site well is installed for residential use.
    Ecological risks were also evaluated as part of the risk 
assessment. In the 1991 human health baseline risk assessment, it was 
determined that there were no critical habitats or endangered species 
affected by the contamination at the Site and the impact on the Cedar 
River was minimal. It was identified in the 2015 Five-Year Review, or 
FYR, that ecological exposures to aquatic receptors in the Cedar River 
were not adequately characterized in the 1991 human health baseline 
risk assessment. Data was collected to support a 2017 FYR Addendum that 
provided the necessary characterization to assess the protectiveness of 
the remedy for the FYR.
    The Site consists of two operable units, each having a separate 
Record of Decision, or ROD. OU1 addresses the chemical fill and 
contaminated soil at the Site, and OU2 addresses groundwater 
contamination.

Selected Remedy

    The OU1 ROD was signed on September 26, 1991. Remedy selection was 
based on the following OU1 ROD Remedial Action Objectives:
     Eliminate or reduce to an acceptable level the risks posed 
by exposure to the contaminated soil and chemical fill.
     Eliminate or reduce the potential migration of 
contaminants into groundwater.
    Major components of the selected remedy, as described by the ROD, 
are:
     Fixation/stabilization of chemical fill and contaminated 
soil;
     Installation of a low-permeability cap to protect the 
fixated/stabilized material, consisting of either a two-foot clay layer 
covered by a two-foot fill and vegetated layers, or an eight-inch thick 
reinforced concrete slab placed over the stabilized waste;
     Implementation of deed restrictions placed upon the 
landfill property, which would prohibit the construction, installation, 
maintenance, or use of any wells on the Site for the purposes of 
extracting water for human drinking, bathing, or swimming purposes, or 
for the irrigation of food or feed crops, as well as any construction 
or intrusive activities at the Site;
     Installation of a fence and markers around the capped 
fill;
     Removal of an underground gasoline tank associated with 
the Charles City maintenance facility; and
     Groundwater monitoring during and after implementation of 
the fixation/stabilization remedy to determine the effectiveness of the 
remedy in preventing leaching of contaminants to groundwater.
    The ROD recognized that the full effectiveness of the fixation/
stabilization technology employed by the selected remedy would not be 
known until treatability studies were conducted, and that the 
possibility existed that the selected technology might not achieve 
remediation objectives. For this possibility, the ROD selected 
excavation and off-site removal as the contingency remedy. If needed, 
the decision to change the remedy from fixation/stabilization to 
excavation/removal would be explained in an Explanation of Significant 
Differences, or ESD.
    The EPA entered into a Consent Decree on May 26, 1992, with Solvay 
Animal Health, Inc., and Charles City, Iowa.
    Treatability studies yielded unacceptable results, and therefore, 
an ESD was signed on March 24, 1992, which notified the public of the 
decision to implement the contingency remedy of excavation and off-site 
disposal. The ESD identified that ``the only difference from the 
contingency remedy described in the ROD is that prior to disposal of 
the chemical fill and contaminated soil at the offsite landfill, the 
contaminated material will be stabilized/fixated to the best 
practicable level if the contaminated material were to fail the 
Toxicity Characteristic Leaching Procedure test.''
    The major components of the contingency remedy, as described by the 
ESD, are:
     Excavation of chemical fill and waste materials exceeding 
the following levels, or performance standards: Arsenic at 50 parts per 
million, or ppm and cadmium at 20 ppm;
     Horizontal excavation to extend a minimum of two feet 
beyond the limit of the chemical fill, subject to modification based 
upon results of soil sampling conducted in February 1992;

[[Page 25728]]

     Confirmation sampling conducted at 14-foot intervals along 
the perimeter of the excavation;
     Verification testing to assure that the performance 
standard is met;
     Excavation backfilled with clean fill placed in 12-inch 
lifts, compacted to a minimum of 90% standard Proctor density, and the 
upper six inches to be backfilled with clean topsoil over which a 
vegetated cover will be placed; and
     Excavation and removal of an underground gasoline tank 
pursuant to Underground Storage Tank regulations.
    Requirements for establishing institutional controls, as described 
in the OU1 ROD remained. The ESD identifies contaminants of potential 
concern for the chemical fill, surface soil, and subsurface soil.

Response Actions

    The OU1 remedial design was approved by the EPA in March 1992, and 
remedial action, or RA, fieldwork activities were completed on May 15, 
1992, when demobilization from the Site occurred. The remedial design 
and construction of the RA were conducted in accordance with the 
statement of work provided by the Consent Decree. Implementation of the 
RA is reported by the Conestoga-Rovers & Associates-authored Remedial 
Action Report dated October 1993.
    Excavation is reported to have extended vertically from the ground 
surface to the top of bedrock. Excavation depths ranged from 
approximately 14 feet below ground surface, or bgs, at the excavation's 
northern extent to about six feet bgs at its southern extent.
    A significant portion of the excavation is depicted as being 
approximately six to eight feet bgs. Field determinations of the extent 
of chemical fill are reported to have been made based upon its 
distinctive visual characteristics. Stockpiled topsoil was later 
characterized as contaminated soil and managed as such, due to having 
produced a yellowish leachate after precipitation events, which yielded 
a result of 142 ppm arsenic. The estimated total volume of excavated 
chemical fill and contaminated soil, based upon excavation cross-
section surveys, is 2,220 cubic yards.
    Confirmation and verification sampling were conducted at 
approximate 14-foot intervals along the perimeter of the excavation, as 
specified in the RA Work Plan, except that discrete samples were used 
for confirmation analysis as opposed to composite samples. Three 
discrete samples were collected along the sidewall of the excavation 
from depths of one-third and two-thirds of the sidewall's height, and 
at the excavation's base. Each discrete sample was split, and if the 
analysis confirmed that the performance standard was met, the remains 
of the split sample were prepared and sent to a different lab for 
confirmation analysis. Additional excavation was conducted when 
verification samples did not meet the performance standard.
    The EPA Preliminary Close Out Report, documenting construction 
completion for the Site, was signed on March 30, 2001. The PCOR states 
that all physical construction associated with the remedy has been 
completed in accordance with the RODs dated September 28, 2000, and 
September 26, 1991; the ESD dated March 20, 1992; and the Consent 
Decree dated May 26, 1992.

Operation and Maintenance

    Operation and maintenance of the implemented remedy is occurring as 
intended. Inspection of the monitoring well network, and the Site in 
general, is conducted on an annual basis. The inspections address 
monitoring well access, external/internal conditions of the ground 
cover at the former chemical fill area, and flood damage, if any. 
Maintenance recommendations are also identified, as needed. The Site 
completed the criteria for the Sitewide Ready for Anticipated Use 
Government Performance and Results Act Measure and EPA Region 7 signed 
the Superfund Property Reuse Evaluation Checklist for Reporting on July 
7, 2006.
    The ROD requires implementation of institutional controls in the 
form of deed restrictions to be placed upon the landfill property. A 
restrictive covenant was recorded on February 21, 2001, with the Floyd 
County Recorder of Deeds that satisfies the institutional control 
provision of the ROD and Consent Decree. Currently, the following 
individual institutional controls exist at the Site:
     An existing groundwater restrictive covenant in accordance 
with the 1992 Consent Decree;
     Regulatory restrictions against residential construction 
because the Site is within the 100-year flood plain of the Cedar River;
     Restrictions on groundwater use because it is within the 
Charles City limits. City ordinance (City of Charles City Restriction 
on Groundwater Use, Article 90.03) precludes the use of groundwater for 
consumption, stating ``all residences and business establishments 
within the city limits using water for human habitation or occupancy 
shall connect to the public water system.'' The ordinance also 
stipulates that ``No new wells shall be drilled and no repairs 
requiring permits shall be made to a well within an area that is 
contaminated or that may become contaminated due to contamination in 
the vicinity of the well site;''
     Regulatory restrictions against changing site use because 
the Site is included in the registry of hazardous waste or hazardous 
substance disposal sites under the Iowa Environmental Act. Any use 
change would require approval from the State of Iowa.
    The existing Site-specific institutional controls in combination 
provide ample limitations of land and groundwater use at the Site. The 
EPA will continue to review the need for an environmental covenant 
during the Five-Year Review process.

Five-Year Review

    Statutory five-year reviews are required at the Shaw Avenue Dump 
Superfund Site since hazardous substances remain at the Site above 
levels that allow for unlimited use and unrestricted exposure. Five-
year reviews were completed for the Site in 2005, 2010, and 2015. The 
2015 Five-Year Review, or FYR, identified issues and recommendations 
including the change in toxicity values for polyaromatic hydrocarbons, 
benzene, xylene, toluene, and 2-nitroaniline and deferred 
protectiveness until this information could be obtained. The 2015 FYR 
also identified the potential change in exposure assumptions in the 
Cedar River and an off-site recreational pond. Required sampling and 
analysis was completed by the responsible parties to address issues and 
recommendations from the 2015 FYR, and to support the required FYR 
addendum.
    The 2015 FYR was amended by the EPA under a FYR Addendum in 2017 
and found that the remedies at OU1 and OU2 were protective of human 
health and the environment. The sitewide protectiveness statement is 
that the sitewide remedy is protective of human health and the 
environment. The next Five-Year Review report will be completed by 
August 21, 2020.

Community Involvement

    Throughout the process from development of the remedy to completion 
of the remedial activities, all phases of the Site remediation have 
been an open process with input from Federal and state regulators, 
Charles City, and members of the public. Over the life of the project, 
there have been public comment periods and public meetings to ensure 
that the local residents were able to contribute to the process and 
express their opinions.

[[Page 25729]]

    Public involvement has been included throughout the remediation 
process at this Site and has been memorialized in operation documents 
including the Consent Decree, proposed plans, and EPA Five-Year 
Reviews. Public comments are also solicited during this partial 
deletion with a notice in the local newspaper, the Charles City Press.

Determination That the Criteria for Deletion Have Been Met

    In accordance with 40 CFR 300.425(e), the EPA Region 7 finds that 
the OU1--Chemical Fill and Contaminated Soil of the Shaw Avenue Dump 
Superfund Site (the subject of this deletion) meets the substantive 
criteria for deletion from the NPL. The EPA has consulted with and has 
the concurrence of the State of Iowa. All responsible parties or other 
persons have implemented all appropriate response actions required. All 
appropriate Fund-financed response under CERCLA was implemented, and no 
further response action by responsible parties is appropriate.
    The implemented remedy at the OU1--Chemical Fill and Contaminated 
Soil has achieved the degree of cleanup specified in the ROD for all 
pathways of exposure. All selected remedial action objectives and 
associated cleanup levels are consistent with agency policy and 
guidance. No further Superfund response is needed to protect human 
health and the environment.

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.

    Authority:  33 U.S.C. 1321(d); 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: May 28, 2019.
James Gulliford,
Regional Administrator, Region 7.
[FR Doc. 2019-11542 Filed 6-3-19; 8:45 am]
 BILLING CODE 6560-50-P