Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Rules and Regulations 48809 

EPA-APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of nonregulatory SIP 

provision 

Applicable geographic or 

nonattainment area 

State submittal 

date/effective 

date 

EPA approval date Explanation 

*******

110(a)(1) and (2) Infrastructure 

Requirements for the 2008 

Lead National Ambient Air 

Quality Standards.

Tennessee ................................... 10/19/2009 8/12/2013 [Insert citation 

of publication].

This approval is for sections 110(a)(2)(C), 

prong 3 of 

110(a)(2)(D)(i), and 

110(a)(2)(J) only. 

[FR Doc. 2013–19360 Filed 8–9–13; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1990–0010; FRL 9846–2] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Deletion 

of the Mosley Road Sanitary Landfill 

(MRSL) Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 is publishing a 

direct final Notice of Deletion of the 

MRSL Superfund Site (Site), located in 

Oklahoma City, Oklahoma County, 

Oklahoma, 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 

Oklahoma, through the Oklahoma 

Department of Environmental Quality 

(ODEQ), 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 26, 2013 unless 

EPA receives adverse comments by 

September 11, 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–1990–0010, by one of the 

following methods: 

• http://www.regulations.gov. Follow 

on-line instructions for submitting 

comments. 

• Email: Michael Torres, Remedial 

Project Manager: 

torres.michael@epa.gov. 

• Fax: Michael Torres; Remedial 

Project Manger (RPM): 214–665–6660. 

• Mail: Michael Torres, RPM, US– 

EPA Region 6, Mail Code 6SF–RL, 1445 

Ross Avenue, Dallas, Texas 75202. 

• Hand Delivery: Michael Torres, 

RPM, US–EPA Region 6, 1445 Ross 

Avenue, 7th floor, Dallas, Texas 75202. 

Such deliveries are only accepted 

during the Docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

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 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: 

ODEQ Central Records, 405–702– 

1188, 707 N. Robinson, Oklahoma City, 

OK 73102, office hours: 8:00 to 4:30 

Monday through Friday. 

Ralph Ellison Library, 405–424–1437, 

2000 NE. 23rd Street, Oklahoma City, 

OK 73111, hours: 9:00 a.m. to 8:00 p.m. 

Monday through Thursday, 9:00 a.m. to 

6:00 p.m. Friday, and 9:00 a.m. to 5:00 

p.m. Saturday. 

FOR FURTHER INFORMATION CONTACT: 

Michael Torres, Remedial Project 

Manager, U.S. Environmental Protection 

Agency, Region 6, 6SF–RL, 1445 Ross 

Avenue, Dallas, Texas 75202, 214–665– 

2108, torres.michael@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 6 is publishing this direct 

final Notice of Deletion of the MRSL 

Superfund Site (Site), from the National 

Priorities List (NPL). The NPL 

constitutes Appendix B of 40 CFR part 

300, which is the Oil and Hazardous 


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48810 Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Rules and Regulations 

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 26, 

2013 unless EPA receives adverse 

comments by September 11, 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 

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 MRSL 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 ODEQ, 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 

Oklahoma 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 Oklahoma 

Department of Environmental Quality, 

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 The Daily Oklahoman. 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 closed Mosley Road Sanitary 

Landfill Superfund Site (MRSL or Site) 

is located at 3300 Mosley Road between 

NE 23rd and NE 36th Street in 

Oklahoma City, Oklahoma County, 

Oklahoma. The MRSL site consists of 

approximately 70 acres surrounded by 

predominantly undeveloped land 

between Oklahoma City and Midwest 

City, Oklahoma. The East Oak Recycling 

and Disposal Facility (East Oak), which 

is currently in operation, is located just 

to the west of the Site. 

Waste management of Oklahoma 

(WMO) is the current owner of the 

MRSL. The MRSL was originally owned 

by Floyd Swen, who operated the site 

under the name A–1 Sanitation 

Company from 1971 to 1975. From 1975 

through 1984, the landfill was owned 

and operated by Oklahoma City 

Disposal Inc. (OCD), which at the time 

was a subsidiary of SCA Services, Inc. 

Originally permitted by Oklahoma State 

Department of Health (OSDH) (now 

Oklahoma Department of Environmental 

Quality) as a sanitary landfill, OCD was 

authorized by OSDH to accept industrial 

hazardous wastes between February 20, 

1976, and August 24, 1976, due to the 

temporary closure of the Royal Hardage 

Landfill in Criner, Oklahoma. During 

the six-month period, OCD reportedly 

accepted approximately 1.7 million 

gallons of predominantly liquid 

hazardous waste, which included 

industrial and plating sludge, caustics, 

acid solutions, oil emulsions, alkaline 

solutions, solvents, paint sludge, 

toxaphene, and trichloroethene. All of 

the hazardous waste was placed in three 

below-grade unlined pits (referred to as 

the waste pits) that are now buried 

beneath municipal waste. In 1984, 

WMO acquired the stock of SCA 

Services, which thus transferred the 


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Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Rules and Regulations 48811 

ownership, operation, and maintenance 

of the MRSL site to WMO. The landfill 

reached its permitted capacity and was 

closed in November 1987. A compacted 

clay cover was installed over the landfill 

in 1988 in accordance with existing 

regulations governing landfill closure. 

An EPA site assessment was 

conducted from November 1986 through 

November 1990. The Site was HRS 

scored by EPA on February 6, 1987. The 

MRSL was proposed to the NPL on June 

24, 1988. On February 21, 1990, EPA 

added the MRSL to the NPL (55 FR 

6154) and registered the site in the 

CERCLIS database as OKD980620868. 

There were no removal action 

activities at the site, however, EPA 

enforcement activities continued in 

efforts to address the site’s 

contamination issues. WMO plans on 

optimizing reuse of the property by 

integrating the site development plan 

for the East Oak Recycling and Disposal 

Facility into the MRSL footprint. 

Integration of the active East Oak facility 

with the inactive MRSL site will 

increase solid waste disposal capacity 

for the region. WMO’s planned 

expansion will not interfere or 

compromise the Site’s remedy. 

Remedial Investigation and Feasibility 

Study (RI/FS) 

The RI/FS identified primary 

constituents of concern (COCs) to be 

vinyl chloride (VC) in the Alluvium 

aquifer and benzene in the GarberWellington aquifer. Arsenic and barium 

were determined to be secondary COCs 

because they represented less risk to 

human health and the environment. 

Arsenic and barium, both of which are 

naturally occurring metals, were 

included as COCs primarily because 

they were detected in concentrations 

greater than Applicable or Relevant and 

Appropriate Requirements (ARARs) in 

ground water at the time the risk 

assessment was conducted and not 

because they were identified as effective 

source area indicators. Investigation 

activities began in January 1990 and the 

FS was completed in August 1991. The 

RI and FS reports and the Proposed Plan 

for the MRSL were released by EPA to 

the public on April 8, 1992. 

Selected Remedy 

The major components of the selected 

remedy in the 1992 ROD include the 

following: Enforcing institutional 

controls (ICs), such as land use 

restrictions, site access restrictions, 

posting of signs, fencing, and 

restrictions on the extraction and use of 

ground water from MRSL wells; 

restoring ground water as a potential 

source of drinking water through the 

process of natural attenuation; 

monitoring leachate migration via a 

ground water monitoring program and 

periodic sampling; implementing a 

landfill gas monitoring system (LGMS) 

to prevent explosion or inhalation 

hazards; and repairing and improving 

the existing cap, and adding a vegetative 

soil layer to reduce erosion and 

infiltration. 

The ROD identifies source control and 

migration management as remedial 

performance objectives. Source control 

focuses on preventing surface water 

from infiltrating the waste unit and 

impacting ground water, and migration 

management focuses on monitoring 

ground water to detect and control 

contaminant releases. Source control is 

both a short-term and long-term 

protectiveness measure. Once 

constructed, the clay cap provided 

immediate protection and when 

properly maintained will continue to 

provide protection for the long term. 

Source control is achieved via the 

following engineering controls, 

technology, and administrative controls: 

Prevent direct contact with and 

exposure to landfill contents through 

the use of the clay cap and institutional 

controls such as restrictions on future 

property use; restrictions on 

groundwater use, and restrictions and 

warnings in the property deed records; 

control surface runoff and resulting 

erosion through a continued landfill 

maintenance program of the clay cap, 

which will result in the reduction or 

elimination of leachate formation within 

the landfill and transport of 

contaminants into the ground water; 

prevent inhalation of and explosion of 

landfill gas by implementing a landfill 

gas monitoring program; and prevent 

human and animal exposure to and 

ingestion of contaminated ground water. 

This will be accomplished through longterm ground water monitoring, landfill 

maintenance, ICs and, if necessary, 

implementation of contingency 

measures. 

Ground water monitoring is a longterm protectiveness remedy component 

ensuring that the primary remedial 

measure (capping and landfill gas 

management systems) are functioning as 

designed. The ground water monitoring 

program included development of 

baseline values for each monitoring 

constituent, and comparison of new 

data to baseline or established ground 

water protection standards (GWPS) to 

identify potential contaminant releases. 

Contamination migration management 

is achieved by the following controls: 

• Contain low-level ground water 

contamination within site boundaries. 

The ground water remediation goals 

were established for ROD-defined COCs 

only (i.e., benzene, vinyl chloride, 

barium, and arsenic). 

• Prevent contamination of the 

Garber-Wellington aquifer above healthbased risk levels by implementing a 

ground water monitoring program of 

alluvial and Garber-Wellington wells. 

The program includes contingencies for 

active remediation described in the 

ROD. 

• Restore ground water to beneficial 

use. 

• Prevent water infiltration through 

the landfill that could increase 

contaminant transport into ground 

water. 

Response Actions 

A Unilateral Administrative Order 

(UAO) was issued by EPA and the 

Remedial Design (RD) commenced on 

January 28, 1994. The effective date of 

the UAO was February 14, 1994. An 

Order to Proceed was issued to WMO on 

March 3, 1994, to prepare the Remedial 

Design Work Plan and Ground water 

Monitoring Work Plan (GWMP). Deed 

restrictions were filed with the 

Oklahoma County Clerk on April 1, 

1994, and Deed Notices were filed on 

May 12, 1994. In October 1994, WMO 

submitted the Landfill Gas Assessment 

Report for the MRSL site. The Remedial 

Design Work Plan Ground water 

Monitoring Work Plan, and the Health 

and Safety Plan for the RD were 

submitted to EPA by WMO in November 

1994. On February 25, 1995, Terracon 

Consultants completed the ground water 

monitoring well installation and soil 

boring program. On August 18, 1995, 

WMO completed the RD Work Plan. 

Phase I construction activities for the 

LGMS began on August 24, 1995, and 

were completed in February 1996. The 

MRSL Construction Quality Assurance 

Plan for Phase I cap improvements was 

revised and approved in August 1995. 

The Final Cover Quality Assurance 

Testing Report was submitted to EPA on 

December 30, 2003. The Quality 

Assurance/Quality Control documents 

for Phase II construction activities of the 

site’s gas system and final cap 

improvements were submitted to EPA 

on July 16, 2004. 

Cleanup Goals 

EPA and ODEQ conducted a pre-final 

inspection of the Site on August 3, 2004, 

which consisted of a walk-over survey 

including a description and schedule for 

correcting or addressing minor 

construction contract items by WMO 

and its contractors. These ‘‘punch list’’ 

items included inspection of: (1) The 

MRSL site’s vegetative cover, (2) the 

drainage from the top of the landfill, (3) 


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indications of subsidence or minor 

erosion, (4) the gas collection system 

and wells, and (5) adequate plugging 

and abandonment of a barren well. EPA 

and ODEQ also reviewed QA/QC 

construction documents for the ground 

water monitoring system and well 

summaries during the pre-final 

inspection process to check the natural 

attenuation progression. Furthermore, a 

review of implemented ICs shows that 

the deed restrictions and notices have 

been successful in providing human 

health and environmental protection at 

the Site. On September 8, 2004, EPA 

issued the Preliminary Close Out 

Report, which documents that EPA 

completed all construction activities for 

the remedial action at the Site in 

accordance with Close Out Procedures 

for National Priorities List Sites (EPA 

OSWER Directive 9320.22 May 2011). 

Operation and Maintenance 

A modified GWMP was developed by 

WMO for the MRSL to provide a 

transitional plan to ensure that the longterm protectiveness goals are achieved. 

The GWMP was approved by the ODEQ 

in April 2010 and endorsed by EPA in 

April 2011 to facilitate transition of the 

MRSL site to ODEQ under the East Oak 

Recycling and Disposal Facility solid 

waste permit (#3555036). With the 

approval by both agencies, ground water 

monitoring will continue through the 

operating and post-closure care periods 

of the active East Oak Recycling and 

Disposal Facility using sampling 

programs and statistical evaluation 

methods to ensure the underlying 

Garber-Wellington Aquifer is not 

adversely impacted at concentrations 

greater than ARARs. The ground water 

monitoring data will be submitted for 

primacy review to ODEQ and included 

in five-year review reports. The MRSL 

Interim Operation and Maintenance 

Plan (OMP) was reorganized in a report 

dated April 2010. The OMP was 

subsequently approved by the ODEQ in 

a letter dated May 6, 2010. The OMP 

outlines protocols for maintenance 

inspection and monitoring of the cover, 

stormwater conveyance, and landfill gas 

system. As per ODEQ and EPA requests, 

the OMP now includes addition of a 

maintenance log reporting requirement 

to be housed at the active East Oak 

Recycling and Disposal Facility for 

review and inspection as needed. 

All administrative requirements have 

been implemented at the MRSL 

Superfund Site. A deed notice 

identifying restrictions was filed with 

the Oklahoma County Clerk, and 

recorded in Book 2202, pages 0068 

through 0070, on May 12, 1994. A 

Covenant was filed with the Oklahoma 

County Clerk and recorded in Book 

6583, pages 1972 through 1974, on April 

1, 1994. The deed restrictions include 

the following requirements and 

information: Land use restrictions; 

access restrictions, posting of signs, 

restrictions to groundwater use, 

remedial activities at the facility, 

hazardous substances at the site, and 

warning of activities that could result in 

exposure. 

Five-Year Review 

Three five-year reviews have been 

conducted at the MRSL site, the first in 

2000, the second in 2005, and the third 

completed in 2009. The implemented 

action taken at the Mosley Road 

Sanitary Landfill Superfund Site was 

found to be protective of human health 

and the environment in the short-term. 

However, a third five-year review 

addendum was performed and 

completed in July 2010. The Third FiveYear Review Report First Addendum for 

the Mosley Road Sanitary Landfill 

Superfund Site protectiveness 

determination follows: Because the 

deficiencies identified in the September 

2009 five-year review have been 

adequately addressed by the 

Responsible Party, EPA has now 

determined that the remedy 

implemented to date at the Mosley Road 

Sanitary Landfill Superfund Site is 

protective of human health and the 

environment in the long term. Current 

monitoring data indicate that the 

remedy is functioning as required to 

achieve ground water cleanup goals 

through monitored natural attenuation 

and the LGMS. Because the actions 

currently implemented at the MRSL site 

prevent exposure to residual Site 

contamination, the remedy is 

considered protective of human health 

and the environment in the long-term 

and will remain so as long as the 

remedy is properly maintained. 

Restrictions to access, signage, 

restrictions to ground water use, 

remedial activities, declaration of 

hazardous substances at the Site, and 

warning of activities that could result in 

exposure are institutional controls that 

are permanently in place to limit use of 

the site. These institutional controls are 

considered protective of human health 

and the environment. The next Five 

Year Review will be performed in 2015 

and every five years in perpetuity or 

until on-site wastes that do not allow 

unlimited use and unrestricted exposure 

are removed from the MRSL Superfund 

Site. 

Community Involvement 

A public availability session was 

conducted by the EPA, ODEQ, and 

WMO in April 1992 to discuss with the 

community the proposed plan for the 

remedy. Public comments were received 

and addressed in the Responsive 

Summary portions of the June 1992 

ROD. A public notice announcing 

initiation of the most recent or third 

five-year review was published in The 

Daily Oklahoman on June 27, 2009. EPA 

will accept public comments on the 

proposal to delete the Site for thirty (30) 

days after publication of this document 

in the Federal Register. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

WMO has implemented all 

appropriate response action required. 

EPA Region 6 issued a ROD which 

documented the remedial action 

activities, and all appropriate responses 

under CERCLA have been implemented 

as documented in the Final Close-Out 

Report dated May 15, 2013. 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 public 

comment period on EPA’s Notice of 

Intent to Delete. All relevant documents 

have been made available for public 

review in the local Site information 

repository. 

The NCP (40 CFR 300.425(e)) states 

that a site may be deleted from the NPL 

when no further response action is 

appropriate. EPA, in consultation with 

the State of Oklahoma, has determined 

that all appropriate response action 

under CERCLA has been implemented, 

and no further action by the PRP is 

appropriate. 

V. Deletion Action 

The EPA, with concurrence of the 

State of Oklahoma through the ODEQ, 

has determined that all appropriate 

response actions under CERCLA 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 26, 

2013 unless EPA receives adverse 

comments by September 11, 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 

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. 


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Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Rules and Regulations 48813 

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: August 1, 2013. 

Samuel Coleman, 

Acting Regional Administrator, EPA Region 

6. 

For the reasons set out in the 

preamble, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 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. 

Appendix B to Part 300 [Amended] 

■ 2. Table of Appendix B to part 300 is 

amended by removing ‘‘Mosley Road 

Sanitary Landfill Superfund Site’’, 

‘‘Oklahoma City’’. 

[FR Doc. 2013–19481 Filed 8–9–13; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 67 

[Docket ID FEMA–2013–0002] 

Final Flood Elevation Determinations 

AGENCY: Federal Emergency 

Management Agency, DHS. 

ACTION: Final rule. 

SUMMARY: Base (1% annual-chance) 

Flood Elevations (BFEs) and modified 

BFEs are made final for the 

communities listed below. The BFEs 

and modified BFEs are the basis for the 

floodplain management measures that 

each community is required either to 

adopt or to show evidence of being 

already in effect in order to qualify or 

remain qualified for participation in the 

National Flood Insurance Program 

(NFIP). 

DATES: The date of issuance of the Flood 

Insurance Rate Map (FIRM) showing 

BFEs and modified BFEs for each 

community. This date may be obtained 

by contacting the office where the maps 

are available for inspection as indicated 

in the table below. 

ADDRESSES: The final BFEs for each 

community are available for inspection 

at the office of the Chief Executive 

Officer of each community. The 

respective addresses are listed in the 

table below. 

FOR FURTHER INFORMATION CONTACT: Luis 

Rodriguez, Chief, Engineering 

Management Branch, Federal Insurance 

and Mitigation Administration, Federal 

Emergency Management Agency, 500 C 

Street SW., Washington, DC 20472, 

(202) 646–4064, or (email) 

Luis.Rodriguez3@fema.dhs.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Emergency Management Agency 

(FEMA) makes the final determinations 

listed below for the modified BFEs for 

each community listed. These modified 

elevations have been published in 

newspapers of local circulation and 

ninety (90) days have elapsed since that 

publication. The Deputy Associate 

Administrator for Mitigation has 

resolved any appeals resulting from this 

notification. 

This final rule is issued in accordance 

with section 110 of the Flood Disaster 

Protection Act of 1973, 42 U.S.C. 4104, 

and 44 CFR part 67. FEMA has 

developed criteria for floodplain 

management in floodprone areas in 

accordance with 44 CFR part 60. 

Interested lessees and owners of real 

property are encouraged to review the 

proof Flood Insurance Study and FIRM 

available at the address cited below for 

each community. The BFEs and 

modified BFEs are made final in the 

communities listed below. Elevations at 

selected locations in each community 

are shown. 

National Environmental Policy Act. 

This final rule is categorically excluded 

from the requirements of 44 CFR part 

10, Environmental Consideration. An 

environmental impact assessment has 

not been prepared. 

Regulatory Flexibility Act. As flood 

elevation determinations are not within 

the scope of the Regulatory Flexibility 

Act, 5 U.S.C. 601–612, a regulatory 

flexibility analysis is not required. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This final rule involves no policies that 

have federalism implications under 

Executive Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This final rule meets the 

applicable standards of Executive Order 

12988. 

List of Subjects in 44 CFR Part 67 

Administrative practice and 

procedure, Flood insurance, Reporting 

and recordkeeping requirements. 

Accordingly, 44 CFR part 67 is 

amended as follows: 

PART 67—[AMENDED] 

■ 1. The authority citation for part 67 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp., p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp., p. 376. 

§ 67.11 [Amended] 

■ 2. The tables published under the 

authority of § 67.11 are amended as 

follows: 

Flooding source(s) Location of referenced elevation 

*Elevation in feet 

(NGVD) 

+Elevation in feet 

(NAVD) 

#Depth in feet 

above ground 

∧Elevation in meters (MSL) 

Modified 

Communities 

affected 

Butler County, Kentucky, and Incorporated Areas 

Docket No.: FEMA–B–1089 

Barren River (Backwater effects 

from Green River).

From the confluence with the Green River to approximately 0.6 mile upstream of the confluence with Little 

Muddy Creek.

+424 Unincorporated Areas of Butler County. 


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