[Federal Register Volume 85, Number 131 (Wednesday, July 8, 2020)]
[Rules and Regulations]
[Pages 40906-40908]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-14588]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-SFUND-1990-0010; FRL-10011-62-Region 5]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the DuPage County Landfill/
Blackwell Forest Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) Region 5 is
publishing a direct final Notice of Deletion of the DuPage County
Landfill/Blackwell Forest Superfund Site (DuPage County Landfill Site),
located in Warrenville, Illinois, 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). This direct
final deletion is being published by EPA with the concurrence of the
State of Illinois, through the Illinois Environmental Protection Agency
(IEPA), because EPA has determined that all appropriate response
actions under CERCLA, other than operation and maintenance, monitoring,
and five-year reviews, have been completed. However, this deletion does
not preclude future actions under Superfund.
DATES: This direct final deletion is effective September 8, 2020 unless
EPA receives adverse comments by August 7, 2020. If adverse comments
are received, 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-1990-0010, by one of the following methods:
https://www.regulations.gov. Follow the on-line instructions for
submitting comments. Once submitted, comments cannot be edited or
removed from Regulations.gov. 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. 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://www.epa.gov/dockets/commenting-epa-dockets.
Email: [email protected].
Phone: Public comment by phone may be made by calling (312) 353-
6288 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 email or at https://www.regulations.gov.
Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1990-0010. EPA's policy is that all comments received will be included
in the public docket without change and may be made available online at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (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 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 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, 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 EPA cannot read your comment due to
technical difficulties and cannot contact you for clarification, 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, Docket ID No. EPA-HQ-SFUND-1990-0010.
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 hard copy. Publicly
available docket materials are available electronically at https://www.regulations.gov and at https://www.epa.gov/superfund/dupage-county-landfill or you may contact the person identified in the FOR FURTHER
INFORMATION CONTACT section for additional availability information.
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 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-19.
FOR FURTHER INFORMATION CONTACT: Karen Cibulskis, NPL Deletion
Coordinator, U.S. Environmental Protection Agency Region 5, at (312)
886-1843 or via email at [email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
[[Page 40907]]
I. Introduction
EPA Region 5 is publishing this direct final Notice of Deletion of
the DuPage County Landfill Site, from the NPL. The NPL constitutes
Appendix B of 40 CFR part 300, which is the NCP, which EPA promulgated
pursuant to Section 105 of CERCLA of 1980, as amended. 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 (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 the
procedures that EPA is using for this action. Section IV of this
document discusses where to access and review information that
demonstrates how the deletion criteria have been met at the DuPage
County Landfill Site. Section V of this document discusses EPA's action
to delete the DuPage County Landfill Site from the NPL unless adverse
comments are received during the public comment period.
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 the DuPage County
Landfill Site:
(1) EPA consulted with the State of Illinois 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) EPA has provided the State thirty (30) working days for review
of this action and the parallel Notice of Intent to Delete prior to
their publication today, and the State, through the IEPA, concurred
with the deletion of the DuPage County Landfill Site from the NPL on
May 19, 2020.
(3) Concurrently with the publication of this direct final Notice
of Deletion, an announcement of the availability of the parallel Notice
of Intent to Delete is being published in a major local newspaper, the
Chicago suburban Daily Herald. The newspaper notice announces the 30-
day public comment period concerning the Notice of Intent to Delete the
DuPage County Landfill Site from the NPL.
(4) EPA placed copies of documents supporting the proposed deletion
in the deletion docket and made these items available for public
inspection and copying at https://www.regulations.gov, Docket ID No.
EPA-HQ-SFUND-1990-0010 and at https://www.epa.gov/superfund/dupage-county-landfill.
(5) If adverse comments are received within the 30-day public
comment period on this deletion action, EPA will publish a timely
notice of withdrawal of this direct final Notice of Deletion in the
Federal Register 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 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 Site Deletion
The EPA placed a copy of its Final Close Out Report for the Site
and other documents supporting the proposed deletion in the deletion
docket. The material provides explanation of EPA's rationale for the
deletion and demonstrates how it meets the deletion criteria. This
information is made available for public inspection in the deletion
docket available at https://www.regulations.gov, Docket ID No. EPA-HQ-
SFUND-1990-0010 and at https://www.epa.gov/superfund/dupage-county-landfill.
V. Deletion Action
EPA, with concurrence of the State of Illinois through the IEPA,
has determined that all appropriate response actions under CERCLA,
other than operation and maintenance, monitoring and five-year reviews
have been completed at the DuPage County Landfill Site. Therefore, EPA
is deleting the DuPage County Landfill Site from the NPL.
Because EPA considers this action to be noncontroversial and
routine, EPA is taking it without prior publication. This action will
be effective September 8, 2020 unless EPA receives adverse comments by
August 7, 2020. If adverse comments are received within the 30-day
public comment period, EPA will publish a timely withdrawal of this
direct final Notice of Deletion before its effective date and the
deletion will not take effect. 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.
Dated: June 29, 2020.
Kurt Thiede,
Regional Administrator, Region 5.
For the reasons set out in this document, 40 CFR part 300 is
amended as follows:
[[Page 40908]]
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN
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1. The authority citation for part 300 continues to read as follows:
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.
Appendix B to Part 300--[Amended]
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2. Table 1 of Appendix B to part 300 is amended by removing the entry
``IL,'' ``DuPage County Landfill/Blackwell Forest'', ``Warrenville''.
[FR Doc. 2020-14588 Filed 7-7-20; 8:45 am]
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