38774 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

technical standards that would require

Agency consideration of voluntary

consensus standards pursuant to section

12(d) of the National Technology

Transfer and Advancement Act of 1995

(NTTAA), Public Law 104–113, section

12(d) (15 U.S.C. 272 note). Since

tolerances and exemptions that are

established on the basis of a petition

under FFDCA section 408(d), such as

the tolerance in this final rule, do not

require the issuance of a proposed rule,

the requirements of the Regulatory

Flexibility Act (RFA) (5 U.S.C. 601 et

seq.) do not apply. In addition, the

Agency has determined that this action

will not have a substantial direct effect

on States, on the relationship between

the national government and the States,

or on the distribution of power and

responsibilities among the various

levels of government, as specified in

Executive Order 13132, entitled

Federalism (64 FR 43255, August 10,

1999). Executive Order 13132 requires

EPA to develop an accountable process

to ensure ‘‘meaningful and timely input

by State and local officials in the

development of regulatory policies that

have federalism implications.’’ ‘‘Policies

that have federalism implications’’ is

defined in the Executive Order to

include regulations that have

‘‘substantial direct effects on the States,

on the relationship between the national

government and the States, or on the

distribution of power and

responsibilities among the various

levels of government.’’ This final rule

directly regulates growers, food

processors, food handlers and food

retailers, not States. This action does not

alter the relationships or distribution of

power and responsibilities established

by Congress in the preemption

provisions of FFDCA section 408(n)(4).

VIII. Submission to Congress and the

Comptroller General

The Congressional Review Act, 5

U.S.C. 801 et seq., as added by the Small

Business Regulatory Enforcement

Fairness Act of 1996, generally provides

that before a rule may take effect, the

agency promulgating the rule must

submit a rule report, which includes a

copy of the rule, to each House of the

Congress and to the Comptroller General

of the United States. EPA will submit a

report containing this rule and other

required information to the U.S. Senate,

the U.S. House of Representatives, and

the Comptroller General of the United

States prior to publication of this final

rule in the Federal Register. This final

rule is not a ‘‘major rule’’ as defined by

5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests, Reporting and recordkeeping

requirements.

Dated: June 6, 2000.

Susan B. Hazen,

Acting Director, Office of Pesticide Programs.

Therefore, 40 CFR chapter I is

amended as follows:

PART 180—[AMENDED]

1. The authority citation for part 180

continues to read as follows:

Authority: 21 U.S.C. 321(q), (346a) and

371.

2. Section 180.559 is added to read as

follows:

§ 180.559 Clodinafop-propargyl;

tolerances for residues.

(a) General. Tolerances are

established for combined residues of

clodinafop-propargyl (propanoic acid, 2-

[4-(5-chloro-3-fluoro-2-

pyridinyl)oxy]phenoxy]-,2-propynyl

ester, (2R)-) and its acid metabolite

(propanoic acid, 2-[4-[(5-chloro-3-

fluoro-2-pyridinyl)oxy]phenoxy]-, (2R)-

), in or on wheat, grain at 0.1 ppm ;

wheat, forage at 0.1 ppm; wheat, hay at

0.1 ppm; and wheat, straw at 0.50 ppm.

Commodity Parts per

million

Wheat, forage ........................... 0.1

Wheat, grain ............................. 0.1

Wheat, hay ............................... 0.1

Wheat, straw ............................. 0.5

(b) Section 18 emergency exemptions.

[Reserved]

(c) Tolerances with regional

registrations. [Reserved]

(d) Indirect or inadvertent residues.

[Reserved]

[FR Doc. 00–15715 Filed 6–21–00; 8:45 am]

BILLING CODE 6560–50–F

ENVIRONMENTAL PROTECTION

AGENCY

40 CFR Part 300

[FRL–6718–4]

National Oil and Hazardous

Substances Pollution Contingency

Plan; National Priorities List

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule and request for

comments.

SUMMARY: EPA Region 5 announces the

Partial Deletion of the Motor Wheel

Disposal Superfund Site from the

National Priorities List (NPL) and

requests public comment on this action.

Specifically, 3.45 acres of land would be

deleted from the Site. The NPL

constitutes Appendix B of 40 CFR part

300 to the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), which EPA promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

EPA is taking this action because the

Remedial Investigation (RI) has shown

that the release poses no significant

threat to public health or the

environment and, therefore, remedial

measures are not appropriate for the

3.45 acres of land. EPA, in consultation

with the State of Michigan, has

determined that no further response is

appropriate. Moreover, EPA and the

State have determined that remedial

activities conducted at the 3.45 acres of

land to date have been protective of

public health, welfare, and the

environment.

DATES: This ‘‘direct final’’ action will be

effective August 21, 2000 unless U.S.

EPA receives dissenting comments by

July 24, 2000. If written dissenting

comments are received, EPA will

publish a timely withdrawal of the rule

in the Federal Register informing the

public that the rule will not take effect.

ADDRESSES: Comments may be mailed to

Gladys Beard, Associate Remedial

Project Manager, Superfund Division,

U.S. EPA, Region 5 77 W. Jackson Blvd.

(SR–6J), Chicago, IL 60604.

Comprehensive information on the site

is available at U.S. EPA’s Region 5 office

and at the local information repository

located at: The Lansing Public Library,

Reference Section, 401 Capital Ave.,

Lansing, MI 48933. Requests for

comprehensive copies of documents

should be directed formally to the

Region 5 Docket Office. The address and

phone number for the Regional Docket

Officer is Jan Pfundheller (H–7J), U.S.

EPA, Region 5, 77 W. Jackson Blvd.,

Chicago, IL 60604, (312) 353–5821.

FOR FURTHER INFORMATION CONTACT:

Heather Nelson, Remedial Project

Manager, at (312) 353–0685 (SR–6J), or

Gladys Beard, Associate Remedial

Project Manager, Superfund Division

(SR–6J), U.S. EPA, Region 5, 77 W.

Jackson Blvd., Chicago, IL 60604, (312)

886–7253 or Jennifer Ostermeier (P–

19J), Office of Public Affairs, U.S. EPA,

Region 5 77 W. Jackson Blvd.,Chicago,

IL 60604, (312) 353–0618.

SUPPLEMENTARY INFORMATION:

Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations 38775

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletion

V. Action

I. Introduction

EPA Region 5 announces the deletion

of 3.45 acres of the Motor Wheel

Disposal Superfund Site from the

National Priorities List (NPL), appendix

B of the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), 40 CFR part 300. EPA identifies

sites that appear to present a significant

risk to public health, welfare and the

environment, and maintains the NPL as

the list of those sites. Sites on the NPL

may be the subject of remedial actions

that the Hazardous Substance

Superfund Response Trust Fund (Fund)

finances. Under § 300.425(e)(3) of the

NCP, any site or portion of site deleted

from the NPL remains eligible for Fundfinanced remedial actions if the

conditions at the site warrant such

action.

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 a portion of the Site meets

the deletion criteria. Section V states

EPA’s prospective action of deleting a

portion of the Site from the NPL unless

dissenting comments are received

during the comment period.

Deletion or partial 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

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

Section 300.425(e) of the NCP

provides that Sites may be deleted from,

or recategorized on, the NPL where no

further response is appropriate. In

making a determination to delete a

release from the NPL, EPA shall

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

The following procedures were

followed before the proposed partial

deletion of this Site from the NPL: (1)

The RI has shown that the 3.45 acres of

the Motor Wheel Disposal Site poses no

significant threat and therefore,

remedial measures are not appropriate;

(2) the State of Michigan has concurred

with the proposed deletion decision; (3)

a notice has been published in the local

newspaper and has been distributed to

appropriate federal, state, and local

officials and other interested parties

announcing the commencement of a 30-

day dissenting public comment period

on EPA’s Direct Final Action for Partial

Deletion; and, (4) all relevant

documents have been made available for

public review in the local Site

information repositories. EPA is

requesting only dissenting comments on

the Direct Final Action for Partial

Deletion.

For partial deletion of the Site, EPA’s

Regional Office will accept and evaluate

public comments on EPA’s Final Notice.

If necessary, the Agency will prepare a

Responsiveness Summary, responding

to each significant comment submitted

during the public comment period. As

stated in section I above, deletion or

partial deletion of the Site from the NPL

does not itself create, alter, or revoke

any individual’s rights of obligations.

The NPL is designed primarily for

informational purposes and to assist

Agency management.

IV. Basis for Intended Partial Site

Deletion

Motor Wheel is a 24-acre site located

on the northeast edge of the City of

Lansing within the NE 1⁄4,SW 1⁄4, section

3 of Lansing Township (T.4N., R.2W.),

Ingham County, Michigan. The Site is

bordered by abandoned Michigan

Central Railroad tracks to the west and

north, by the W.R. Grace & Co. plant

(formerly Michigan Fertilizer Company)

to the south, and by the Lansing/

Lansing Township boundary to the east.

The property was used by Motor

Wheel Corporation as a disposal site for

industrial wastes from 1938 until about

1978. The types of disposed wastes

included, solid and liquid industrial

wastes, including paints, solvents,

liquid acids and caustics, sludges and

other wastes. Wastes were disposed of

on the property in tanks, barrels, and

seepage pond areas for off-site disposal.

In December of 1982 there was a

removal of three 10,000 gallon tanks and

their contents, and degraded fill

material from several locations on the

Site. At the Motor Wheel Disposal Site,

the RI has shown that the 3.45 acres are

no threat to public health or the

environment. The three tanks and

approximately 800 cubic yards of

contaminated soil and fill surrounding

them, and approximately 350 cubic

yards of fill material containing an

unknown number of drums, were

disposed of off site.

All operations at the Site were

discontinued in 1987. The entire Site is

currently inactive. MSV & Associates,

which purchased the Site in 1978 and

mined sand and gravel in the northeast

portion of the property until 1987, is the

current owner of the property. The key

surface feature of the Site, the sand and

gravel pit extending over the northern

portion of the Site, is the result of earlier

quarrying activities. The pit area,

excavated to a depth of 50 feet, has

relatively steep sided walls and a slope

ranging from 2:1 (horizontal:vertical) to

near vertical. There are several small

ponds in the eastern part of the pit

bottom.

Remedial Construction Activities

EPA issued a ROD September 30,

1991 selecting a remedy that includes

the following major elements:

• Construction of a landfill cap in the

area of waste disposal.

• Construction and operation of a

collection system to contain and extract

ground water contaminated by Site

related hazardous constituents.

• Construction and operation of a

treatment plant to treat contaminated

ground water prior to surface discharge.

Design of the multimedia cap, which

covers the entire fill area is based on the

specifications of Michigan Act 64. The

cap also meets and exceeds the

requirements for a RCRA subtitle C cap.

The cap covers about 11.3 acres of waste

area including additional backfilled

areas which are necessary to maintain

the cap’s integrity. The capped area

totals about 14.9 acres. The capped area

is fenced to restrict access. The 3.45

acres are located outside of the capped

area. The Site is defined as the parcel of

land in the East 1⁄2 of the Southwest 1⁄4

of section 3, T4N, R2W, City of Lansing,

Ingham County, Michigan; the boundary

of said parcel being described as

commencing at the South 1⁄4 Corner of

section 3, T4N, R2W, Michigan

Meridian; thence N 00°00′01′′ W, along

38776 Federal Register / Vol. 65, No. 121 / Thursday, June 22, 2000 / Rules and Regulations

the North-South 1⁄4 line of said Section,

1310.21 feet to the centerline of Lake

Lansing Road and to the point of

beginning; thence S 48°58′00′′ W, along

the centerline of Lake Lansing Road,

9.46 feet; thence S 89°46′42′′ W, along

the North line of the Plat of Park Manor

Heights, 224,75 feet; thence N 18°44′17′′

100.00 feet; thence N 08°10′31′′ W, 7097

feet; thence N 02°35′23′′ W, 379.08 feet;

thence N 88°30′21′′ E, 291.32 feet;

thence S 00°00′01′′ E, along the NorthSouth 1⁄4 line of said section, 544.16 feet

to the point of beginning; said parcel

contains the 3.45 acres of land which is

intended for deletion.

The ROD, based on information

provided in the Remedial Investigation

(RI), included a provision for the

collection and treatment of

contaminated groundwater from an onsite perched aquifer and from the glacial

aquifer below and in the near vicinity of

the Site. The ROD also indicated the

potential for additional remediation to

address any contamination which may

have entered the bedrock aquifer.

A special notice letter was issued to

the PRP’s on December 10, 1991. The

negotiations which followed the PRP’s

good faith offer, resulted in an

agreement to proceed with a Remedial

Design (RD) under an Administrative

Order on Consent (May 26, 1992); a

letter of intent from PRP’s to enter into

the negotiated Remedial Action (RA)

Consent Decree; and extension of the

moratorium to accommodate the

Respondents desire to resolve internal

allocation issues through arbitration

prior to signing the Consent Decree.

This agreement also included the PRP’s

declared intention to continue

investigation of water quality in the

bedrock aquifer and to address

contamination in the bedrock aquifer, if

any, in this action. The RA Consent

Decree was entered April 22, 1994.

Groundwater investigations

conducted in conjunction with predesign studies indicated a more

extensive area of groundwater

contamination within the glacial aquifer

extending about 7200 feet down

gradient from the Site and geologic

conditions which showed a potential

pathway for migration of contaminants

from the glacial to the bedrock aquifer.

An additional investigation of water

quality in the bedrock aquifer was also

a part of the predesign study. Results of

this investigation summarized in The

Investigation of the Saginaw Aquifer at

the Motor Wheel Disposal Site,

November 1996 indicated that levels of

some site related contaminants in the

bedrock aquifer exceed drinking water

standards. On the basis of this

information the design of the

groundwater collection and treatment

system was expanded to accommodate

the expected volume from the bedrock

aquifer. The RI did not show

contaminated groundwater beneath the

3.45 acres.

The RD conducted in accordance with

the ROD and the approved RD Work

Plan was approved by EPA and the RA

was formally initiated by PRP

contractors July 25, 1997. All remedial

activities were conducted as planned.

EPA and the State conducted pre-final

inspections. The inspection report

includes a description and a schedule

for correcting minor construction items

by the PRP contractor. EPA and the

State determined that the following RA

activities were completed according to

ROD design specifications:

• Construction of an engineered cap

which meets applicable or relevant and

appropriate requirements over the onsite waste disposal area;

• Construction of an extraction and

collection system to contain

groundwater in the perched, glacial and

bedrock aquifers which contain site

related hazardous constituents;

• Construction of an on-site facility

for treatment of contaminated

groundwater; and

• Construction of a main system for

discharge of treated groundwater.

The groundwater extraction and

treatment system began operation

November 20, 1997 and is scheduled to

continue until cleanup standards have

been achieved.

V. Action

EPA, with the State of Michigan

concurrence, has determined that no

responses are necessary at the 3.45 acres

which comprise a portion of the Motor

Wheel Disposal Site, and no further

CERCLA response is appropriate or

necessary in order to provide protection

of human health and the environment

other than the ongoing inspection,

maintenance and monitoring activities.

Therefore, EPA is deleting that portion

of the Site which is comprised of 3.45

acres from the NPL.

This action will be effective August

21, 2000. However, if EPA receives

dissenting comments by July 24, 2000,

EPA will publish a timely withdrawal of

the rule in the Federal Register

informing the public that the rule will

not take effect.

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 7, 2000.

Robert Springer,

Acting Regional Administrator, Region 5.

Part 300, Title 40 of Chapter 1 of the

Code of Federal Regulations is amended

as follows:

PART 300—[AMENDED]

1. The authority citation for Part 300

continues to read as follows:

Authority: 42 U.S.C. 9601–9657; 33 U.S.C.

1321(c)(2); 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—[Amended]

2. Table 1 of appendix B to part 300

is amended by removing the entry for

Motor Wheel, Inc., Lansing, MI.

[FR Doc. 00–15388 Filed 6–21–00; 8:45 am]

BILLING CODE 6560–50–P

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1815, 1816, 1819, 1831,

and 1852

Miscellaneous Administrative

Revisions to the NASA FAR

Supplement

AGENCY: National Aeronautics and

Space Administration (NASA).

ACTION: Final rule.

SUMMARY: This final rule amends the

NASA FAR Supplement (NFS) to revise

numbering and ombudsman information

as a result of FAC 97–17; revises

regulations to indicate that award fee

determinations are no longer exempt

from the Disputes clause as a result of

FAC 97–15; revises regulations to

indicate that precontract costs are

applicable to awards resulting from

broad agency announcements; and

makes an editorial correction to other

regulations.

EFFECTIVE DATE: June 22, 2000.

FOR FURTHER INFORMATION CONTACT:

Celeste Dalton, NASA Headquarters

Office of Procurement, Contract

Management Division (Code HK),

Washington, DC 20546, (202) 358–1645,

e-mail: celeste.dalton@hq.nasa.gov.

SUPPLEMENTARY INFORMATION:

A. Background

FAC 97–17, dated April 25, 2000,

revised FAR 16.504 and 16.505,

including the requirement to identify

the facsimile and e-mail address of

agency task and delivery ombudsman.