[Federal Register Volume 85, Number 21 (Friday, January 31, 2020)]
[Rules and Regulations]
[Pages 5578-5579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01748]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1986-0005; FRL-10004-87-Region 8]
National Oil and Hazardous Substances Pollution Contingency Plan;
National Priorities List: Partial Deletion of the Idaho Pole Co.
Superfund Site
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) Region 8 announces
the deletion of the surface and unsaturated subsurface soils outside of
the 4.5 acre Treated Soils Area of the Idaho Pole Co. Superfund Site
(Site) located in Bozeman, Montana 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 partial
deletion pertains to the surface and unsaturated subsurface soils
remedy component outside of the 4.5 acre Treated Soils Area of the
Idaho Pole Company Superfund Site. The groundwater, sediments and
saturated subsurface soils are being addressed as part of the
groundwater remedy component and are not being considered for deletion
as part of this action. The EPA and the State of Montana, through the
Department of Environmental Quality (DEQ), have determined that all
appropriate response actions under CERCLA, other than operation and
maintenance, monitoring-and five-year reviews, have been completed.
However, the deletion of the surface and unsaturated surface soils
outside of the 4.5 acre Treated Soils Area does not preclude future
actions under Superfund.
DATES: This action is effective January 31, 2020.
ADDRESSES: EPA has established a docket for this action under Docket
Identification No. EPA-HQ-SFUND-1986-0005. All documents in the docket
are listed on the http://www.regulations.gov website. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be
[[Page 5579]]
publicly available only in hard copy form. Publicly available docket
materials are available electronically in http://www.regulations.gov;
by calling EPA Region 8 at (406) 457-5046 and leaving a message; and at
the U.S EPA Montana Office, Federal Building, Suite 3200, 10 West 15th
Street, Helena, MT 59626, Hours: Monday to Friday from 8:00 a.m.-5:00
p.m.; and the Bozeman Public Library, 626 East Main Street, Bozeman, MT
59715; (406) 582-2400, Hours: (Library hours vary).
FOR FURTHER INFORMATION CONTACT: Roger Hoogerheide, Remedial Project
Manager, U.S. EPA Montana Office, Federal Building, Suite 3200, 10 West
15th Street Helena, MT 59626: (406) 457-5031 or (866) 457-2690
extension 1, email [email protected].
SUPPLEMENTARY INFORMATION: The portion of the site to be deleted from
the NPL is: Surface and unsaturated subsurface soils outside of the
Treated Soils Area of the Idaho Pole Co. Superfund Site in Bozeman,
Montana. A Notice of Intent for Partial Deletion for this Site was
published in the Federal Register (84 FR 34839) on July 19, 2019.
The closing date for comments on the Notice of Intent for Partial
Deletion was August 19, 2019 and extended to September 6, 2019. Two
written and three oral public comments were received and expressed
concerns about future redevelopment of the Site, the extent of the
Superfund investigation and remedy, as well as the source and fate of
the contaminants. The properties that were remediated under the
Superfund process have land and groundwater use restrictions placed on
them to ensure future redevelopment of the property will remain
protective of human health and the environment. A Notice of
Institutional Control was filed with the Gallatin County Clerk and
Recorder in 2010 on this 4.5 acres that applies restrictions on new
construction and excavation. EPA investigations identified all possible
sources of surface and unsaturated soils that needed cleanup.
Contaminated soils were excavated, treated and placed on-site. The 4.5
acre Treated Soils Area is the location where all treated soils were
placed after on-site treatment. Treated soils are located on the 4.5
acres that remain on the NPL. Additional data needs to be collected
before the Site's sediments can be deleted.
EPA believes the partial deletion action is appropriate. A
responsiveness summary to public comments with supporting materials was
prepared and placed in both the docket, EPA-HQ-SFUND-1986-0005, on
www.regulations.gov, and in the local repositories listed above.
EPA maintains the NPL as the list of sites that appear to present a
significant risk to public health, welfare, or the environment.
Deletion of a site from the NPL does not preclude further remedial
action. 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. Deletion of portions of a
site from the NPL does not affect responsible party liability, in the
unlikely event that future conditions warrant further actions.
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: January 22, 2020.
Gregory E. Sopkin,
Regional Administrator, Region 8.
For reasons set out in the preamble, 40 CFR part 300 is amended as
follows:
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN
0
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.
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]
0
2. Table 1 of appendix B to part 300 is amended by revising the listing
under Montana for ``Idaho Pole Co'' to read as follows:
Appendix B to Part 300--National Priorities List
Table 1--General Superfund Section
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State Site name City/county Notes (a)
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* * * * * * *
MT.................................... Idaho Pole Co............ Bozeman.................. P
* * * * * * *
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(a) = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
score need not be greater than or equal to 28.50).
* * * * * * *
P = Sites with partial deletion(s).
* * * * * * *
[FR Doc. 2020-01748 Filed 1-30-20; 8:45 am]
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