45064 Federal Register / Vol. 78, No. 144 / Friday, July 26, 2013 / Rules and Regulations 

Dated: July 16, 2013. 

M. W. Sibley, 

Captain, U.S. Coast Guard, Captain of the 

Port, Lake Michigan. 

[FR Doc. 2013–18030 Filed 7–25–13; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1983–0002; FRL–9839–6] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Cannon Engineering Corp. 

Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 1 is publishing a 

direct final Notice of Deletion of the 

Cannon Engineering Corp. (CEC), 

Superfund (Site), located in 

Bridgewater, Massachusetts, 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 

Massachusetts, through the 

Massachusetts Department of 

Environmental Protection (MassDEP), 

because EPA 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 24, 2013 unless 

EPA receives adverse comments by 

August 26, 2013. 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–1983–0002, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• Email: golden.derrick@epa.gov or 

brown.rudy@epa.gov. 

• Fax: 617–918–0448 or 617–918– 

0031 

• Mail: Derrick Golden, EPA Region 

1—New England, 5 Post Office Square, 

Suite 100, Mail Code OSRR07–4, 

Boston, MA 02109–3912 or Rudy 

Brown, EPA Region 1—New England, 5 

Post Office Square, Suite 100, Mail Code 

ORAO1–1, Boston, MA 02109–3912. 

• Hand delivery: Derrick Golden, EPA 

Region 1—New England, 5 Post Office 

Square, Suite 100, Mail Code OSRR07– 

4, Boston, MA 02109–3912 or Rudy 

Brown, EPA Region 1—New England, 5 

Post Office Square, Suite 100, Mail Code 

ORAO1–1, Boston, MA 02109–3912. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation (9:00 a.m. to 5:00 p.m.), and 

special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1983– 

0002. 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 http:// 

www.regulations.gov or email. The 

http://www.regulations.gov Web site 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 http:// 

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 http:// 

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 statue. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at: 

U.S. Environmental Protection Agency, 

Records Center, 5 Post Office Square, 

Suite 100, Boston, MA 02109, 617– 

918–1440, Monday–Friday: 9:00 a.m.– 

5:00 p.m., Saturday and Sunday— 

Closed, and 

Bridgewater Public Library, 15 South 

Street, Bridgewater, MA 02324, 508– 

697–3331, Monday–Wednesday: 9:00 

a.m.–8:00 p.m., Thursday: 10:00 a.m.– 

5:00 p.m., Friday: 10:00 a.m.–2:00 

p.m., Saturday: 10:00 a.m.–2:00 p.m., 

Sunday: Closed. 

FOR FURTHER INFORMATION CONTACT: 

Derrick Golden, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 1 New England, 5 Post 

Office Square, Mail code OSRR07–4, 

Boston, MA 02109–3912, (617) 918– 

1448, email: golden.derrick@epa.gov. 

SUPPLEMENTARY INFORMATION: 

Table of Contents 

I. Introduction 

II. NPL Deletion Criteria 

III. Deletion Procedures 

IV. Basis for Site Deletion 

V. Deletion Action 

I. Introduction 

EPA Region 1 is publishing this direct 

final Notice of Deletion of the Cannon 

Engineering Corp. (CEC) Superfund 

(Site), from the National Priorities List 

(NPL). The NPL constitutes Appendix B 

of 40 CFR part 300, which is the Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP), which EPA 

promulgated pursuant to section 105 of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (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 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. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action will be effective September 24, 

2013 unless EPA receives adverse 

comments by August 26, 2013. Along 

with this direct final Notice of Deletion, 

EPA is co-publishing a Notice of Intent 

to Delete in the ‘‘Proposed Rules’’ 

section of the Federal Register. If 

adverse comments are received within 


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Federal Register / Vol. 78, No. 144 / Friday, July 26, 2013 / Rules and Regulations 45065 

the 30-day public comment period on 

this deletion action, EPA will publish a 

timely withdrawal of this direct final 

Notice of Deletion before the effective 

date of the deletion, and the deletion 

will not take effect. EPA will, as 

appropriate, 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. 

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 Cannon Engineering 

Corp. (CEC) Superfund Site and 

demonstrates how it meets the deletion 

criteria. Section V discusses 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 

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 Site: 

(1) EPA consulted with the state of 

Massachusetts 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 30 

working days for review of this notice 

and the parallel Notice of Intent to 

Delete prior to their publication today, 

and the state, through the Massachusetts 

Department of Environmental Protection 

(MassDEP), 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 local newspaper, 

the Bridgewater Independent. 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, EPA will 

publish a timely notice 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 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 following information provides 

EPA’s rationale for deleting the Site 

from the NPL: 

Site Background and History 

The Cannon Engineering Corp. 

Superfund site (CEC), CERCLIS ID No. 

MAD079510780, is a 7-acre area of land 

and is located in a small industrial park 

in the western part of the Town of 

Bridgewater, Massachusetts. The site is 

located approximately 31 miles south 

from the city of Boston Massachusetts. 

Prior to 1969, the industrial park 

consisted of a wooded lowland bordered 

to the north, south, and east by rural 

agricultural land. Current land use 

around the site consists of industrial 

development in the immediate vicinity 

to the north and east, and a wooded 

lowland to the south and west, and 

agricultural and residential 

development in the outlying areas. 

The CEC facility is one of the four 

separate but related sites which form the 

Cannons Site Group. The others are 

Cannons Plymouth Harbor located in 

Plymouth, Massachusetts; Tinkham’s 

Garage in Londonderry, New 

Hampshire; and Gilson Road in Nashua, 

New Hampshire. All four sites are being 

handled under one enforcement effort. 

CEC first purchased the parcel of land 

at the Site in November, 1974. The 

property was developed by them to 

handle, store, and incinerate chemical 

wastes. These activities occurred 

frequently at the Site between 1974 and 

November, 1980 when operations at the 

Site ceased after the MassDEP (then 

called the Department of Environmental 

Quality Engineering) revoked CEC’s 

Waste License, citing document 

falsification and other waste reporting 

violations. 

Over 700 drums and approximately 

155,000 gallons of liquid waste and 

sludge in bulk storage were left behind 

on-site by CEC. Between 1980 and 1982, 

MassDEP and EPA conducted Site 

inspections, performed sampling and 

analyses and confirmed the presence of 

chemical contamination at the Site. 

Several tanks and drums were also 

observed to be leaking. In order to 

alleviate the problem of leaking 

contamination and wastes left on-site, 

the MassDEP performed a removal 

action. In October 1982, MADEP’s 

contractor, Jet Line Services, Inc., 

removed approximately 155,000 gallons 

of sludge and liquid wastes that were 

stored in tanks and approximately 711 

drums from the Site. A subsequent 

removal was conducted by the group of 

Potentially Responsible Parties (the 

‘‘PRP Group’’) in June1988. The PRP 

Group removed the bulk contents of an 

underground tank, a septic tank, 3 

tanker trailers and small (5 gallon or 

less) containers from laboratory and 

storage areas at the Site. 

In December of 1982, the Site was 

proposed for inclusion on the NPL, (49 

FR 40320) and the site was made final 

to the NPL on September 8, 1983, (51 FR 

21054). 


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The property was redeveloped in 

November of 1996, when Osterman 

Propane, Inc., relocated its propane 

storage and distribution operations to 

the Site. 

Remedial Investigation 

The RI/FS was completed in May of 

1987 and evaluated contamination 

present in air, soils, sediment, surface 

water and groundwater. Past operations 

of the facilities at the CEC Site have 

resulted in the contamination of 

localized areas of soil, sediments, 

surface water, and groundwater by 

chemical wastes. 

The findings of the RI/FS determined 

the following: (1.) Soils, ranging from 4 

inches to 22 feet below ground surface, 

were contaminated with volatile organic 

compounds (VOCs), semi-organic 

compounds (SVOCs), polychlorinated 

biphenyls (PCBs) and pesticides. (2.) 

Ambient air sampling detected the 

presence of VOCs. (3.) Groundwater 

sampling indicated the presence of 

VOCs, SVOCs and no PCBs nor 

pesticides. (4.) Sediment sampling 

results indicated the presence of VOCs, 

SVOCs and no PCBs and no pesticides. 

(5.) Surface water sampling results 

indicated the presence of VOCs, SVOCs 

and no PCBs nor pesticides. For specific 

details see the report entitled: Final 

Report, Remedial Investigation, 

Cannons Engineering Corporation Site, 

Bridgewater, Massachusetts, May 1987. 

The Selected Remedy 

In March of 1988, EPA issued a 

Record of Decision (ROD) for the 

cleanup of the Site. The cleanup actions 

were divided into two operable units. 

The major components of the cleanup 

remedies for the site included: 

1. Management of Migration (MOM) 

The MOM portion of the remedy 

included a twenty year groundwater 

monitoring program to assure that 

contamination above the Maximum 

Contaminant Levels (MCLs) did not 

migrate off-site, and to also assure that 

contaminant levels on-site naturally 

attenuated. The 1988 ROD estimated 

that groundwater cleanup target levels, 

based on the ingestion of on-site 

groundwater, would be achieved within 

15 to 20 years. The Year 20 groundwater 

sampling event was completed in 

September of 2010. The management of 

migration remedy also required that 

institutional controls be placed on the 

property to restrict the use of 

groundwater at the Site. The 

institutional controls were implemented 

in 1991 in the form of a deed restriction 

on the properties. 

2. Source Control 

In summary, the source control 

portion of the remedy provided for 

fencing the entire Site to restrict access, 

onsite thermal aeration of soils 

contaminated with volatile organic 

compounds (VOCs) and treatment of 

PCB contaminated soils offsite by 

incineration. 

In addition, onsite buildings and 

tanks were decontaminated and 

removed, and soils under those 

structures were sampled, along with 

other soil locations. Any contaminated 

soils that posed a threat to human 

health and the environment, were 

remediated via one of the above 

mentioned thermal treatment 

technologies. 

All remedial actions, construction 

activities and cleanup levels related to 

the Source Control Operable Unit were 

completed and achieved. Therefore, on 

September 30, 1991, EPA prepared an 

Interim Close-out Report (ICOR) for the 

Site and it is included into the 

Administrative Record. 

The remedial action objectives, as set 

forth in the 1988 ROD, identified to 

mitigate threats to public health are as 

follows: 

• Prevent direct contact with 

contaminated soils throughout the site 

• prevent ingestion of contaminated 

soils, standing water in the wet area 

• prevent ingestion of contaminated 

groundwater 

• prevent exposure to contaminants 

in the buildings, aboveground and 

underground tanks, and associated 

structures 

The remedial action objectives 

identified to mitigate threats to the 

environment are as follows: 

• Prevent the exposure of wildlife to 

contaminated soil, sediments, and 

standing water in the wet area 

• prevent future wetlands 

contamination from surface water runoff 

and discharge 

There are no ROD amendments for the 

Site; however an Explanation of 

Significant Differences (ESD) was signed 

in May of 2013. The ESD was issued to 

explain a modification to the selected 

cleanup levels for the MOM portion of 

the remedy, as set forth in the March 31, 

1988, ROD for the Site. The MOM 

groundwater remedy was selected in 

1988, before the 1993 revisions to the 

Massachusetts Contingency Pan (MCP). 

The MCP is the clean up regulations for 

the Massachusetts Department of 

Environmental Protection (MassDEP). 

Prior to 1993, the MCP classified all 

groundwater within the Commonwealth 

as a Class 1, or a potable aquifer. 

Therefore in the 1988 ROD the ingestion 

of groundwater was assumed to be a 

potential exposure pathway and 

Maximum Contaminant Levels (MCLs) 

were applicable. However, in 1993, 

MassDEP revised the MCP, which now 

established new groundwater categories 

for purpose of remediating waste sites. 

MassDEP conducted a reevaluation of 

site groundwater in the fall of 2012 and 

determined that the site is no longer 

located in a Class 1 or a potable aquifer. 

Because the ingestion of site 

groundwater is no longer considered a 

potential exposure pathway, MCL’s are 

no longer applicable nor appropriate for 

cleanup goals at the Site. 

Due to the reclassification of 

groundwater use at the Site, in March of 

2012, EPA’s risk assessor conducted a 

cumulative human health and 

ecological risk assessment. This 

assessment was performed on all of the 

remaining contaminated groundwater 

using the annual groundwater data from 

2009, 2010 and 2011. The conclusions 

of the cumulative risk assessment 

determined that that there is no 

unacceptable human health risks 

because there is no foreseeable use of 

this groundwater for drinking water 

purposes at the site. The EPA risk 

assessment memo is included as 

attachment 2 to the May 2013 ESD, 

which is included in the Administrative 

Record for the Site. 

Furthermore because the MOM and 

SC remedial actions are complete and 

both human health and ecological risks 

are within EPA’s acceptable range, EPA 

prepared a Final Close Out Report 

(FCOR), dated June 2013. The FCOR is 

included in the administrative record 

and deletion docket for the site and a 

copy was also sent to the Bridgewater 

public library. 

Response Actions 

As required in the ROD, fencing of the 

perimeter to restrict uncontrolled access 

was completed in December 1988. As 

part of the Remedial Design, an asbestos 

inspection was performed and asbestos 

containing materials (ACMs) were found 

in several of the former onsite buildings. 

The proper removal and offsite disposal 

of all ACMs was completed in the 

spring of 1990. Decontamination, 

demolition and disposal of all on-site 

structures, including buildings, storage 

tanks, piping and an electrical 

transformer, was completed in February 

of 1990. 

Approximately 397 tons of PCB 

contaminated soils were excavated 

transported and properly incinerated 

offsite. Post-excavation confirmatory 

samples verified that PCB 

concentrations in the remaining soils 

were below the 9 ppm cleanup level. 


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Federal Register / Vol. 78, No. 144 / Friday, July 26, 2013 / Rules and Regulations 45067 

The PCB soil excavations were 

backfilled with a clean fill and this 

action was completed in August of 

1990. 

Between June 11, 1990 and October 

10, 1990, a total of 11,330 tons of VOC 

contaminated soils were excavated and 

thermally aerated on-site using the Low 

Temperature Thermal Aeration Unit 

(LTTA). Post-excavation confirmatory 

sampling verified that VOC 

contaminated soil removal to the 

remedial design excavation levels was 

achieved. The VOC treated soils were 

replaced on site and used as part of the 

fill material in the excavations. 

The MOM component of the remedy 

included the installation of 6 new 

overburden monitoring wells and 3 new 

bedrock monitoring wells for the long 

term monitoring of groundwater quality. 

Long term groundwater, surface water, 

sediment and seep monitoring began in 

1990 and were completed in September 

of 2010. 

The final field activities involved Site 

restoration that included wetland 

restoration of 35,000 square feet of 

wetlands and then topsoil material was 

added and then re-graded and seeded. 

The entire upland area, approximately 

99,000 square feet, was backfilled with 

the treated VOC and SVOC soils and 

was also re-graded and seeded. Drainage 

and erosion controls were implemented 

as part of the final Site restoration 

activities. All remedial action activities 

were complete by July of 1991, when 

the roll-off containers were removed 

from the Site and all of the final grading, 

seeding, and landscaping activities were 

completed. 

Cleanup Goals 

The soil and groundwater cleanup 

levels were established in part, from 

utilizing an Organic Leaching Model, as 

well as expressions for partitioning and 

retardation of contaminant movement 

relative to groundwater. The cleanup 

levels were set to be within EPA’s 

acceptable risk range of 1 × 10¥4 to 1 

× 10¥6 and additional details may be 

found in the Remedial Action Report for 

the Site, dated October 1991. 

Overall, a total of 11,330 tons of VOC 

and SVOC impacted soils were 

excavated and thermally aerated onsite 

and 396.65 tons of PCB impacted soils 

were excavated and incinerated off-site. 

These removal quantities were sufficient 

to satisfy the specified clean-up levels 

as verified by the confirmatory sampling 

programs and is documented in the 

September 1991 Interim Final Closeout 

Report, EPA. 

Operation and Maintenance 

Long Term groundwater, sediment, 

surface water and seep sampling was 

conducted at the site for twenty years, 

per the 1988 ROD. These sampling 

efforts were completed in September of 

2010. EPA will continue to conduct 

future Five Year Reviews at the site to 

ensure the remedies remain protective 

of both human health and the 

environment. The PRP Group shall 

adhere to and maintain compliance with 

the institutional controls/deed 

restrictions for the Site. At some point 

in the future, the PRP Group may need 

to properly abandon the groundwater 

monitoring wells as directed by EPA, 

with MassDEP concurrence. 

Institutional Controls (ICs), in the 

form of a deed restriction, was placed 

on the properties which comprise the 

Site. The ICs state the following: 

• The Site is restricted to certain 

types of municipal or town uses, until 

EPA and MassDEP provide certification 

that other uses are permissible, i.e., no 

residential use. 

• No excavation is allowed from 

below the level of the groundwater 

table, until EPA and MassDEP provide 

certification otherwise. 

• No groundwater may be extracted 

from any point on the site nor shall it 

serve as a drinking water supply or be 

used for any other purpose until EPA 

and MassDEP provide certification 

otherwise. 

These ICs were placed on the Site in 

1991 and were recorded and filed with 

the Plymouth Massachusetts Registry of 

Deeds. The ICs currently remain in 

place and were verified in the 2010 Five 

Year Review. 

Five-Year Reviews 

Five Year Reviews have been 

competed for the Site in 1995, 2000, 

2005, and 2010. 

All of these Five Year Review 

determined that: 

• The source control remedy, as 

documented by EPA, was complete in 

1991, and judged by EPA to still be 

protective 

• The groundwater remedy for the 

Cannon Engineering Corp. Site is 

expected to be protective of human 

health and the environment upon 

completion, and in the interim, 

exposure pathways that could result in 

unacceptable risks are being controlled 

through institutional controls. 

The next Five Year Review will be 

completed in 2015. 

Community Involvement 

In 1982, EPA released a community 

relations plan which kept the local 

citizens group and other interested 

parties informed through activities such 

as informational meetings, community 

updates, press releases and public 

meetings. A hard copy of the 2010 Five 

Year Review was provided to the 

Bridgewater Town Clerk and Health 

Agent. A notice announcing the Five 

Year Review was placed in a local 

newspaper of general circulation. A 

notice announcing EPA’s intent to 

delete the site from the NPL was placed 

in a local newspaper, the Bridgewater 

Independent. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The implemented remedy achieves 

the degree of cleanup specified in the 

ROD for all pathways of exposure. All 

selected remedial action objectives and 

clean-up levels are consistent with 

agency policy and guidance. No further 

Superfund responses are needed to 

protect human health and the 

environment at the Site. 

The National Contingency Plan (NCP) 

specifies that EPA may delete a site 

from the NPL if ‘‘all appropriate 

responsible parties or other persons 

have implemented all appropriate 

response actions required’’ or ‘‘all 

appropriate fund financed response 

under CERCLA has been implemented 

and no further response action by 

responsible parties is appropriate’’. 

EPA, with the concurrence of the 

Commonwealth of Massachusetts 

through the MassDEP by a letter dated 

May 22, 2013, believes these criteria for 

deletion have been satisfied. Therefore 

EPA is proposing the deletion of the Site 

from the NPL. All of the completion 

requirements for the Site have been met 

as described in the Cannons Engineering 

Final Closeout Report (FCOR), dated 

June 2013. 

V. Deletion Action 

The EPA, with concurrence of the 

Commonwealth of Massachusetts 

through the MassDEP, has determined 

that all appropriate response actions 

under CERCLA, other than Five Year 

Reviews have been completed. 

Therefore, EPA is deleting the 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 24, 

2013 unless EPA receives adverse 

comments by August 26, 2013. 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 the 

effective date of the deletion, and it will 

not take effect. EPA will prepare a 


tkelley on DSK3SPTVN1PROD with RULES
45068 Federal Register / Vol. 78, No. 144 / Friday, July 26, 2013 / Rules and Regulations 

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 

waste, Hazardous substances, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: July 18, 2013. 

H. Curtis Spalding, 

Regional Administrator, EPA Region 1—New 

England. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 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. 12777, 56 FR 54757, 3 CFR, 

1991 Comp., p. 351; E.O. 12580, 52 FR 2923; 

3 CFR, 1987 Comp., p. 193. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing ‘‘Cannon 

Engineering Corp. (CEC)’’, 

‘‘Bridgewater’’, ‘‘MA’’. 

[FR Doc. 2013–18049 Filed 7–25–13; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 502 

[Docket No. 13–06] 

RIN 3072–AC52 

Commission’s Rules of Practice and 

Procedure; Practice Before the 

Commission, Parties to Proceedings, 

and Rulemakings 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (FMC or Commission) 

amends its Rules of Practice and 

Procedure regarding practice before the 

Commission, parties to proceedings, and 

rulemakings, to update, clarify, and 

reduce the burden on parties to 

proceedings before the Commission. 

DATES: Effective: July 29, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Karen V. Gregory, Secretary, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001, Tel.: (202) 523–5725, 

Email: secretary@fmc.gov. Rebecca A. 

Fenneman, General Counsel, Federal 

Maritime Commission, 800 North 

Capitol Street NW., Washington, DC 

20573–0001, Tel.: (202) 523–5740, 

Email: generalcounsel@fmc.gov. 

SUPPLEMENTARY INFORMATION: The 

Commission’s Rules of Practice and 

Procedure, 46 CFR Part 502, govern 

procedures before the Commission. 46 

CFR 502.1–502.991. The rules are in 

place to secure just, speedy, and 

inexpensive resolution of proceedings 

before the Commission. The 

Commission is engaged in an ongoing 

process of reviewing its rules of practice 

and revising those that are outdated, 

unclear, or unduly burdensome. This 

effort resulted in revision to Subpart A 

to modernize and clarify general filing 

requirements effective February 24, 

2011, and amendments to Subparts E 

and L, effective November 12, 2012. See 

76 FR 10258, Feb. 24, 2011 and 77 FR 

61519, Oct. 10, 2012. As part of this 

continuing process, the Commission has 

determined to amend Subparts B, C, D, 

and certain additional sections in E. The 

amendments include transferring 

certain rules from one subpart to 

another without change in substance to 

better reflect the subject matter 

addressed by existing subparts. The 

amendments also include revisions for 

purposes of clarification, 

modernization, or to reflect current 

practice, technical, non-substantive 

changes to effect renumbering and 

removal of rules, as well as correction 

of some typographical errors in the 

rules. 

A description of the more significant 

changes follows: 

Section 502.25—Presiding Officer 

The Final Rule restates the presiding 

officer’s authority presently contained 

in Subpart J § 502.147 and includes in 

separate paragraphs the provisions 

presently found in §§ 502.145, 146, and 

149. The Commission has determined 

that provisions related to the presiding 

officer’s authority and functions are 

more appropriately described in 

proximity to the definition of the 

presiding officer in ‘‘Subpart B— 

Appearance and Practice Before the 

Commission.’’ Subheadings are added 

describing the presiding officer’s 

authority for ease of reference without 

change in substance of the enumerated 

powers. Current § 502.148 governing the 

consolidation of proceedings is moved 

and restated in a new § 502.79 in 

Subpart E governing proceedings. 

Section 502.27—Persons Not Attorneys 

at Law 

Section 502.27 is amended to 

streamline the Commission’s rules 

regarding practice before the 

Commission by persons who are not 

admitted to the practice of law by a 

State bar. The rule is updated to provide 

that the application for admission may 

be obtained on-line or from the 

Secretary. The provisions previously 

found in Sections 502.29 and 502.30 

governing a non-attorney’s 

qualifications for admission to practice, 

to continue representing others after 

admission, and the right to a hearing in 

the event of denial of admission, 

suspension, or disbarment are folded 

into this section for clarity. 

Exhibit No. 1 to Subpart B [§§ 502.23, 

502.26, 502.27] of Part 502—Notice of 

Appearance 

Exhibit No. 1 to Subpart B, a sample 

format for a Notice of Appearance, is 

amended to request an indication of 

authority for representation, and to 

allow for selection of technologically 

current methods of service of notices 

and orders in proceedings. The revised 

form is consistent with current 

Commission practice. 

Section 502.41—Parties; How 

Designated 

Section 502.41 of Subpart C is revised 

to add to the term ‘‘party’’ a unit of a 

government agency representing such 

agency. It also reflects the current 

citations of other rules that were 

renumbered by prior amendments. 

Section 502.42—Bureau of Enforcement 

Section 502.42 is amended to simplify 

the language describing when the 

Bureau of Enforcement may become a 

party to proceedings. 

Section 502.43—Substitution of Parties 

Section 502.43 is modified to 

harmonize the language of the Federal 

Rules of Civil Procedure. 

Section 502.44—Necessary and Proper 

Parties in Certain Complaint 

Proceedings 

Section 502.44 is eliminated as 

unnecessary. 

Subpart D—Rulemaking 

Language in §§ 502.52, 502.53, 502.54, 

and 502.55 is revised for clarity. The 

requirement that service on prior 

participants be made when submitting 

comments or replies beyond the initial 

round in proposed rulemaking 

proceedings, also found in § 502.114, is 

reiterated in § 502.57 


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