[Federal Register Volume 85, Number 139 (Monday, July 20, 2020)]
[Rules and Regulations]
[Pages 43706-43708]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-15644]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2010-0636; FRL-10011-18-Region 2]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Deletion of the Hormigas Ground Water Plume
Superfund Site
AGENCY: Environmental Protection Agency.
ACTION: Direct final rule.
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SUMMARY: The Environmental Protection Agency (EPA) Region 2 is
publishing a direct final Notice of Deletion of the Hormigas Ground
Water Plume Superfund Site (Site), located in Caguas, Puerto Rico, 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).
The EPA, with the concurrence of the Commonwealth of Puerto Rico
(Commonwealth), through the Department of Natural and Environmental
Resources (DNER), has determined that all appropriate response actions
under CERCLA have been completed. However, this deletion does not
preclude future actions under Superfund.
DATES: This direct final deletion is effective September 18, 2020
unless the EPA receives adverse comments by August 19, 2020. If adverse
comments are received, the 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-2010-0636, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments. 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 making effective comments, please visit https://www2.epa.gov/dockets/commenting-epa-dockets.
Email: [email protected].
Phone: Public comment by phone may be made by calling
(787) 977-5819 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 https://www.regulations.gov.
Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2010-0636. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://www.regulations.gov, including any personal
information provided, unless the comment includes information claimed
to be 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 the 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 the 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, the 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 the EPA cannot read your comment because of
technical difficulties and cannot contact you for clarification, the
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. 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 the hard
copy. Publicly available docket materials are available electronically
in https://www.regulations.gov.
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 the 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.
FOR FURTHER INFORMATION CONTACT: Dr. Adalberto Bosque Remedial Project
Manager, U.S. Environmental Protection Agency, Region 2, U.S.
Environmental Protection Agency, City View Plaza II--Suite 7000, 48 RD,
165 Km. 1.2, Guaynabo, PR 00968-8069, (787) 977-5825, email:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action
I. Introduction
The EPA Region 2 is publishing this direct final Notice of Deletion
of the Hormigas Ground Water Plume Superfund Site, from the National
Priorities List (NPL). The NPL constitutes appendix B of 40 CFR part
300, which is the National Oil and Hazardous Substances Pollution
Contingency Plan (NCP), 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 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
[[Page 43707]]
(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 procedures
that the EPA is using for this action. Section IV of this document
discusses the Hormigas Ground Water Plume Superfund Site and
demonstrates how it meets the deletion criteria. Section V of this
document discusses the EPA's action to delete the Site from the NPL
unless adverse comments are received during the public comment period.
II. 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.
III. Deletion Procedures
The following procedures apply to deletion of the Site:
(1) The EPA consulted with the Commonwealth 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) The EPA has provided the Commonwealth 30 working days for
review of this document and the parallel Notice of Intent to Delete
prior to their publication today, and the Commonwealth, through
Department of Natural and Environmental Resources, has concurred on the
deletion of the Site from the NPL.
(3) Concurrently with the publication of this direct final Notice
of Deletion, a notice of the availability of the parallel Notice of
Intent to Delete is being published in a major newspaper known as
Primera Hora. The newspaper notice announces the 30-day public comment
period concerning the Notice of Intent to Delete the Site from the NPL.
(4) The EPA placed copies of documents supporting the proposed
deletion in the deletion docket and made these items available for
public inspection and copying at the Site information repositories
identified above.
(5) If adverse comments are received within the 30-day public
comment period on this deletion action, the EPA will publish a timely
document of withdrawal of this direct final Notice of Deletion 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 the EPA's right to take enforcement
actions, as appropriate. The NPL is designed primarily for
informational purposes and to assist the 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 following information provides the EPA's rationale for deleting
the Site from the NPL:
Site Background and History
The Hormigas Ground Water Plume Site (CERCLIS ID PRN000206359) is
located between the municipalities of Caguas and Aguas Buenas in east-
central Puerto Rico, within the area of two former public water supply
wells, the Hormigas and Eufracia wells. Volatile organic compounds
(VOCs) were detected above federal Safe Drinking Water Act Maximum
Contaminant Levels (MCLs) in the Eufracia public water supply well in
2006. Groundwater samples collected and analyzed by the Puerto Rico
Aqueduct and Sewer Authority from the Hormigas public water system
revealed the presence of tetrachloroethene in the Eufracia public
supply well at levels as high as 29 micrograms per liter ([micro]g/L).
In February 2009, the Eufracia public supply well was ordered closed by
the Puerto Rico Department of Health. Subsequently, the Hormigas public
supply well was also closed, thus shutting down the entire Hormigas
water supply system. Currently, the community is served by the Cidra
public supply system, which is located outside of the impacted area.
The Site was proposed to the NPL on October 21, 2010 (75 FR 64976)
and added as final to the NPL on March 10, 2011 (76 FR 13084). The EPA
added the Site to the NPL because of the VOCs that were found in
groundwater that was the potable drinking water source for the
Ca[ntilde]aboncito and Caguitas communities. The VOCs are classified as
site-related contaminants because they were detected in the Eufracia
public supply well at elevated levels. The EPA funded a remedial
investigation (RI) to assess site conditions and evaluate alternatives,
if necessary, to address those conditions and select a remedy.
Remedial Investigation and Feasibility Study (RI/FS)
During 2013-2016, the RI was performed to define the nature and
extent of contamination in Site media by collecting and analyzing
samples and then comparing analytical results to federal, Commonwealth,
and Site-specific screening criteria. During the RI, the VOC
contamination in the Eufracia well previously identified in 2006 had
dissipated to such a degree that no exceedances of MCLs were noted.
Furthermore, no VOC source areas were identified in soils, and no
residual contaminant plume was found. The EPA concluded in the RI that
the VOCs detected prior to 2010 were attributable to a highly
localized, short-term release, and that natural processes within the
aquifer (e.g., biodegradation and dispersion) caused the VOC residues
to decrease during the intervening period when the EPA's RI was being
performed. Because no Site-related contamination was found, the EPA
determined that no action was necessary to protect public health or
welfare or the environment. The DNER concurs with the EPA's
recommendation. On September 28, 2016, a ``No Action'' Record of
Decision was issued for the Site. No additional monitoring or operation
and maintenance of a remedy is required. Five-year reviews will not be
required.
On September 19 and 20, 2017, Hurricane Maria severely damaged the
Commonwealth. Coming just two weeks after Hurricane Irma, the storm
significantly damaged local infrastructure and interrupted the
provision of essential services to the people of Puerto Rico. As part
of the Commonwealth's recovery efforts, the EPA assisted by
investigating for potential on-site and off-site environmental impacts
and structural/physical damages from the 2017 hurricanes to existing
NPL sites located
[[Page 43708]]
in Puerto Rico. Synoptic gauging of groundwater levels was performed at
the Site on October 26, 2018, to support evaluation of hydrogeologic
impacts as a result of the hurricanes. One round of sampling was
performed from October 27 to 31, 2018, with samples collected from the
former public supply wells (the Hormigas and Eufracia wells) and two
wells the EPA had installed as part of the RI. Post-Hurricane Maria VOC
results revealed that concentrations of site-related contaminants
remained consistent with previous sampling results conducted during the
RI.
Community Involvement
Public participation activities for the Site have been satisfied as
required pursuant to sections 113(k) and 117 of CERCLA, 42 U.S.C.
9613(k) and 9617. As part of the remedy selection process in 2016, the
public was invited to comment on the proposed ``No Action'' remedy. All
other documents and information that the EPA relied on or considered in
recommending this deletion are available for the public to review at
the information repositories identified above and at the EPA's website
for the Site: https://www.epa.gov/superfund/hormigas-ground-water-plume. The public is provided the opportunity to comment on this
proposed action.
Determination That the Site Meets the Criteria for Deletion in the NCP
The EPA, with the concurrence of the Commonwealth through the DNER,
has determined that no further response is appropriate. The criteria
for deletion from the NPL, as set forth at 40 CFR 300.425(e), are met.
A RI/FS has shown that the release poses no significant threat to
public health or the environment, and, therefore, taking remedial
measures are not appropriate. The Commonwealth, through the DNER in a
December 19, 2019 letter, concurred with the proposed deletion of the
Site from the NPL.
V. Deletion Action
The EPA, with concurrence of the Commonwealth through the DNER, has
determined that no further response action under CERCLA is appropriate.
Therefore, the EPA is deleting the Site from the NPL.
Because EPA considers this action to be noncontroversial and
routine, the EPA is taking it without prior publication. This action
will be effective September 18, 2020 unless the EPA receives adverse
comments by August 19, 2020. If adverse comments are received within
the 30-day public comment period, the EPA will publish a timely
withdrawal of this direct final notice of deletion before the effective
date of the deletion, and it will not take effect. The 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.
Peter Lopez,
Regional Administrator, Region 2.
For the reasons set out in the preamble, 40 CFR part 300 is amended
as follows:
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.
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
``PR'', ``Hormigas Ground Water Plume'', ``Caguas''.
[FR Doc. 2020-15644 Filed 7-17-20; 8:45 am]
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