36658 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations 

Property Unit Type 2–D Reference 

procedure 1

(iv) Gravity ........................................................................................................ °API .............................. 32–37 ........................... ASTM D4052 

(v) Total sulfur ................................................................................................... ppm .............................. 7–15 ............................. ASTM D2622 

(vi) Hydrocarbon composition: Aromatics, minimum (Remainder shall be 

paraffins, naphthenes, and olefins).

pct ................................ 27 ................................. ASTM D5186 

(vii) Flashpoint, min ........................................................................................... °F (°C) .......................... 130 (54.4) ..................... ASTM D93 

(viii) Viscosity .................................................................................................... centistokes ................... 2.0–3.2 ......................... ASTM D445 

1ASTM procedures are incorporated by reference in § 86.1. 

§ 1065.845 Response factor determination. 

[Corrected] 

■ On page 23813 make the following 

correction: 

The table heading for the table titled 

‘‘Table 1 of § 1065.845’’ is corrected to 

read as set forth below. 

Table 1 of § 1065.845—Default Values 

for THC FID Response Factor Relative 

to Propane on a C1-Equivalent Basis 

§ 1066.845 AC17 air conditioning 

efficiency test procedure. [Corrected] 

■ On page 23881 make the following 

correction: 

The equation in the first column is 

corrected to read as set forth below. 

[FR Doc. C1–2014–06954 Filed 6–27–14; 8:45 am] 

BILLING CODE 1505–01–D 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0007; FRL–9912– 

81–Region 5] 

National Oil and Hazardous 

Substances Pollution Contingency 

Plan; National Priorities List: Partial 

Deletion of the Naval Industrial 

Reserve Ordnance Plant (NIROP) 

Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: EPA Region 5 is publishing a 

direct final Notice of Deletion of 

Operable Unit 2 (OU2) of the Naval 

Industrial Reserve Ordnance Plant 

(NIROP) Superfund Site (Site), located 

in Fridley, Minnesota, 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 partial deletion is being published 

by EPA with the concurrence of the 

State of Minnesota, through the 

Minnesota Pollution Control Agency 

(MPCA), because EPA has determined 

that all appropriate response actions 

under CERCLA at the OU, identified 

herein, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

partial deletion does not preclude future 

actions under Superfund. 

EPA divided the NIROP Site into 

three portions, known as OUs, for ease 

of addressing its contaminant issues. 

This partial deletion pertains to OU2, 

which includes all the unsaturated soils 

within the legal boundaries of the 

NIROP Superfund Site exclusive of 

unsaturated soils underlying the former 

Plating Shop Area (see Site Map in the 

SEMS ID 446572 document listed in the 

Deletion Docket for OU2). The following 

areas will remain on the NPL and are 

not being considered for deletion as part 

of this action: OU1 and OU3. OU1 

includes the contaminated groundwater 

within and originating from the NIROP 

Superfund Site. OU3 includes all the 

unsaturated soils underlying the former 

Plating Shop Area. 

DATES: This direct final partial deletion 

is effective August 29, 2014 unless EPA 

receives adverse comments by July 30, 

2014. If adverse comments are received, 

EPA will publish a timely withdrawal of 

the direct final partial 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–1989–0007, by one of the 

following methods: 

• http://www.regulations.gov: Follow 

on-line instructions for submitting 

comments. 

• Email: Sheila Desai, Remedial 

Project Manager, at desai.sheila@

epa.gov or Teresa Jones, Community 

Involvement Coordinator, at 

jones.teresa@epa.gov. 

• Fax: Gladys Beard at (312) 697– 

2077. 

• Mail: Sheila Desai, Remedial Project 

Manager, Environmental Protection 

Agency (SR–6J), 77 West Jackson 

Boulevard, Chicago, IL 60604, (312) 

353–4150 or Teresa Jones, Community 

Involvement Coordinator, 

Environmental Protection Agency 

(SI–7J), 77 West Jackson Boulevard, 

Chicago, IL 60604, (312) 886–0725 or 

toll free at 1-(800) 621–8431. 

• Hand delivery: Teresa Jones, 

Community Involvement Coordinator, 

Environmental Protection Agency 

(SI–7J), 77 West Jackson Boulevard, 

Chicago, IL 60604. Such deliveries are 

only accepted during the docket’s 

normal hours of operation, and special 

arrangements should be made for 

deliveries of boxed information. The 

normal business hours are Monday 

through Friday, 8:30 a.m. to 4:30 p.m. 

CST, excluding federal holidays. 

Instructions: Direct your comments to 

Docket ID no. EPA–HQ–SFUND–1989– 

0007. 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 


wreier-aviles on DSK5TPTVN1PROD with RULESER30JN14.057</GPH>
Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations 36659 

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 statute. Certain other 

material, such as copyrighted material, 

will be publicly available only in the 

hard copy. Publicly available docket 

materials are available either 

electronically at http://

www.regulations.gov or in hard copy at: 

• Environmental Protection Agency 

Region 5, 77 West Jackson Boulevard, 

Chicago, IL 60604, Phone: (312) 353– 

1063, Hours: Monday through Friday, 

8:30 a.m. to 4:30 p.m. CST, excluding 

federal holidays. 

• The Navy has set up an online 

repository for the NIROP Superfund Site 

at the link below. Please click on the 

Administrative Records link to see all 

the documents. http://go.usa.gov/DyNY 

• The Minnesota Pollution Control 

Agency also has an information 

repository for the NIROP Superfund Site 

at their offices: 520 Lafayette Road, St. 

Paul, MN 55155. Call 651–296–6300 or 

toll-free at 800–657–3864 to schedule an 

appointment. 

FOR FURTHER INFORMATION CONTACT: 

Sheila Desai, Remedial Project Manager, 

Environmental Protection Agency (SR– 

6J), 77 West Jackson Boulevard, 

Chicago, IL 60604, (312) 353–4150, 

desai.sheila@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 divided the NIROP Superfund 

Site into three portions, known as OUs, 

for ease of addressing its contaminant 

issues. EPA Region 5 is publishing this 

Direct Final Notice of Partial Deletion of 

OU2 of the NIROP Superfund Site from 

the National Priorities List (NPL) and 

requests public comments on this 

action. OU2 includes all the unsaturated 

soils within the legal boundaries of the 

NIROP Superfund Site exclusive of 

unsaturated soils underlying the former 

Plating Shop Area (see Site Map in the 

SEMS ID 446572 document listed in the 

Deletion Docket for OU2). The following 

areas will remain on the NPL and are 

not being considered for deletion as part 

of this action: OU1 and OU3. OU1 

includes the contaminated groundwater 

within and originating from the NIROP 

Superfund Site. OU3 includes all the 

unsaturated soils underlying the former 

Plating Shop Area. This partial deletion 

pertains to soil in OU2. The NPL 

constitutes Appendix B of 40 CFR part 

300, which is the NCP, and which EPA 

promulgated pursuant to section 105 of 

CERCLA, 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). 

This partial deletion of the NIROP 

Superfund Site is proposed in 

accordance with 40 CFR 300.425(e) and 

is consistent with the Notice of Policy 

Change: Partial Deletion of Sites Listed 

on the National Priorities List, (60 FR 

55466) on November 1, 1995. 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 August 29, 2014 

unless EPA receives adverse comments 

by July 30, 2014. Along with this Direct 

Final Notice of Partial Deletion, EPA is 

co-publishing a Notice of Intent for 

Partial Deletion in the ‘‘Proposed Rules’’ 

section of the Federal Register. If 

adverse comments are received within 

the 30-day public comment period on 

this partial deletion action, EPA will 

publish a timely withdrawal of this 

Direct Final Notice of Partial Deletion 

before the effective date of the partial 

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 for Partial Deletion 

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 OU2 of the NIROP 

Superfund Site and demonstrates how 

the deletion criteria are met for this OU. 

Section V discusses EPA’s action to 

partially delete OU2 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: 

1. Responsible parties or other 

persons have implemented all 

appropriate response actions required; 

2. All appropriate Fund-financed 

response under CERCLA has been 

implemented, and no further response 

action by responsible parties is 

appropriate; or 

3. 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 OU2 of the NIROP 

Superfund Site: 

1. EPA consulted with the State of 

Minnesota prior to developing this 

Direct Final Notice of Partial Deletion 

and the Notice of Intent for Partial 

Deletion co-published today in the 


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‘‘Proposed Rules’’ section of the Federal 

Register. 

2. EPA has provided the State 30 

working days for review of this direct 

final Notice of Partial Deletion and the 

parallel Notice of Intent for Partial 

Deletion prior to their publication 

today, and the State, through the MPCA, 

has concurred on the partial deletion of 

the Site from the NPL. 

3. Concurrently with the publication 

of this direct final Notice of Partial 

Deletion, a notice of the availability of 

the parallel Notice of Intent for Partial 

Deletion is being published in the Sun 

Focus, located in Fridley, Minnesota. 

The newspaper notice announces the 

30-day public comment period 

concerning the Notice of Intent for 

Partial Deletion of the Site from the 

NPL. 

4. EPA placed copies of documents 

supporting the proposed partial deletion 

in the deletion docket and made these 

items available for public inspection 

and copying at the Site information 

repositories, i.e., at EPA’s offices in 

Chicago and online. 

5. If adverse comments are received 

within the 30-day public comment 

period on this partial deletion action, 

EPA will publish a timely notice of 

withdrawal of this direct final Notice of 

Partial Deletion before its effective date 

and will prepare a response to 

comments. EPA may continue with the 

deletion process on the basis of the 

Notice of Intent for Partial Deletion and 

the comments already received. 

Deletion of a portion of a site from the 

NPL does not itself create, alter, or 

revoke any individual’s rights or 

obligations. Deletion of a portion 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 OU2 of the 

NIROP Superfund Site from the NPL. 

EPA believes it is appropriate to delete 

OU2 of the NIROP Superfund Site 

because all appropriate response actions 

under CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed at OU2 and it is 

ready for redevelopment as a 

commercial and/or industrial property. 

Site Background and History 

The NIROP Superfund Site (CERCLIS 

ID MN3170022914) is located in the 

northern portion of the Minneapolis/St. 

Paul Metropolitan Area in an industrial/ 

commercial area within the limits of 

Fridley, Minnesota. The Site is not 

adjacent to any residential areas and is 

not located in an environmentally 

sensitive area nor near any known 

environmentally sensitive areas. 

The Site is approximately 82.6 acres, 

most of which are covered with 

buildings or pavement. The U.S. Navy 

and/or its contractors produced 

advanced weapons systems at the 

facility beginning in 1940. The former 

NIROP facility is currently owned by 

Fridley Land, LLC which plans to 

redevelop the property for commercial 

and/or industrial use. 

During the early 1970s, paint sludges 

and chlorinated solvents generated from 

ordnance manufacturing processes were 

disposed of in pits and trenches in the 

North 40 area which is the undeveloped 

area of the Site immediately north of the 

building. Contaminant sources in the 

North 40 area and beneath the NIROP 

building were not identified until 

December 1980, when MPCA received 

information concerning historical waste 

disposal practices at NIROP. In 1981, 

trichloroethylene (TCE) was discovered 

in on-site groundwater wells and in the 

City of Minneapolis’ drinking water 

treatment plant intake pipe, located in 

the Mississippi River less than 1 mile 

downstream from the Site. In 1983, 

investigations identified pits and 

trenches in the North 40 area of the 

NIROP Site where drummed wastes had 

been disposed of. From November 1983 

to March 1984, approximately 1,200 

cubic yards of contaminated soil and 43 

(55-gallon) drums were excavated and 

disposed of off-site. 

The NIROP Superfund Site was 

proposed for inclusion on the NPL in 

July 1989 (54 FR 29820). The Site was 

placed on the NPL in November 1989 

(54 FR 48184). 

In March 1991, the Navy, EPA, and 

MPCA signed a Federal Facilities 

Agreement (FFA). Per the FFA, one 

purpose of that agreement was to 

’’Identify alternatives for Remedial 

Action for Operable Units’’ which are 

appropriate for the Site prior to the 

implementation of Final Remedial 

Actions for the Site. 

Remedial Investigation and Feasibility 

Study (RI/FS) 

Based on the results of a geophysical 

investigation conducted in 1995, 23 (55- 

gallon) drums and 12 smaller containers 

were found in the North 40 area of the 

NIROP property. These drums were 

excavated during a removal action 

conducted from April to June of 1996. 

In 1996, during a sampling event of OU2 

soils, in the vicinity of a previously 

unexcavated area near the North 40 

area, free liquids were encountered 

which resulted in an additional removal 

action. A total of 31 (55-gallon) drums 

were discovered and subsequently 

sampled and removed for off-site 

disposal. In addition, several empty and 

crushed drums were also discovered 

and removed with other contaminated 

debris. Volatile organic compound 

contamination was reported in 

subsurface soils. 

A risk assessment for OU2 was 

conducted in 1996. In a revision of that 

risk assessment, it was determined that 

in one sub-area of OU2, risk was 

inordinately influenced by one single 

data point. Therefore, during the 

summer of 2002, the Navy conducted a 

time-critical removal action to remove 

approximately 35 cubic yards of soil 

around this OU2 subarea with an 

elevated contaminant concentration. 

This removal was completed in June 

2002, and addressed the last know 

location where there were unacceptable 

contaminant risks in near surface soils. 

Record of Decision (ROD) Findings 

The Remedial Action Objectives 

(RAOs) were (1) to prevent unacceptable 

risks due to residential or other 

unrestricted exposures to contaminated 

soils at the site and (2) to prevent 

unacceptable risks to industrial or 

construction workers due to exposures 

to contaminated soils at the site. The 

ROD for OU2 was jointly signed in 

September 2003 by the Navy, EPA and 

MPCA. 

This is the only ROD for this site 

applicable to this partial deletion. 

ROD for OU2 (September 2003) 

The Selected Remedy to address 

unacceptable risk at OU2 of the NIROP 

Site is Land Use Controls (LUCs). The 

ROD called for LUCs to be maintained 

until EPA and MPCA determine that the 

concentrations of hazardous substances 

in the soils have been reduced to levels 

that allow for a less restrictive use of the 

Site. 

The LUC Performance Objectives for 

OU2 are: 

• To restrict the use of the property 

to industrial or restricted commercial 

use, until EPA and MPCA determine 

that concentrations of hazardous 

substances in the soils have been 

reduced to levels that allow for less 

restrictive use. 

• To prohibit the disturbance of soil 

deeper than 3 feet below ground surface 


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Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations 36661 

in those Designated Restricted Areas, 

which include Area 3 and Area 4 of 

OU2 (see Site Map in the SEMS ID 

446572 document listed in the Deletion 

Docket for OU2) or the removal of any 

soils excavated in those areas from the 

facility without prior written approval 

of EPA and MPCA. 

The property will be restricted to only 

industrial or restricted commercial uses. 

Industrial uses generally include, but 

are not limited to, the following types: 

public utility services, rail and freight 

services, raw storage facilities, refined 

material storage facilities, and 

manufacturing facilities engaged in the 

mechanical or chemical transformation 

of materials or substances into new 

products. Restricted commercial use is 

defined as use where access or 

occupancy by non-employees is less 

frequent or is restricted, including a 

wide variety of uses, ranging from nonpublic access and both outdoor and 

indoor activities (e.g., large scale 

warehouse operations), to limited public 

access and indoor worker activities (e.g., 

shopping mall, retail outlet, bank, 

dentist office). Strictly prohibited uses 

under either category shall include any 

child care or pre-school facility, 

playground, any form of housing, 

churches, social centers, hospitals, elder 

care facilities or nursing homes. 

Remedial Design (RD) 

In August 2004, EPA concurred with 

the Navy’s March 2004 Land Use 

Control Remedial Design (LUCRD) for 

OU2. The LUCRD specifies how the 

OU2 remedy will be implemented, 

maintained, and enforced should any 

breach of the remedy occur. It details 

the Navy’s continuing responsibilities 

with respect to OU2, including the 

following: ensuring annual on-site 

physical inspections of OU2 are 

performed to confirm continued 

compliance with all LUC Performance 

Objectives; ensuring annual LUC 

Compliance Certifications are provided 

to EPA and MPCA that explain any 

deficiency, if found; conducting fiveyear reviews of the remedy as required 

by CERCLA and the NCP; notifying EPA 

and MPCA prior to any planned 

property conveyance; providing EPA 

and MPCA the opportunity to review 

the text of intended deed provisions; 

and notifying EPA and MPCA should 

site activities interfere with LUC 

effectiveness. 

Response Activities/LUCs 

The LUCs were incorporated into a 

Quitclaim Deed that was implemented 

on June 17, 2004, and executed by the 

property owner, the United States, and 

MPCA, and that acts as an 

environmental covenant describing the 

property restrictions. These deed 

restrictions run with the land such that 

any subsequent owner is bound by the 

same restrictions. The LUCs are to 

remain in place until EPA and MPCA 

determine that the concentrations of 

hazardous substances in the soils have 

been reduced to levels that allow for a 

less restrictive use. 

Cleanup Goals 

There is no cleanup associated with 

the remedy for OU2. Surface soils that 

posed unacceptable commercial/

industrial risk levels were excavated 

and disposed of off-site during removal 

actions prior to implementation of the 

LUCs at the Site. 

Operation and Maintenance (O&M) 

The Navy, as the lead agency, is 

responsible for conducting routine 

inspections to ensure that LUCs are 

maintained and enforced. The Navy is 

responsible for reporting the results of 

the inspections and any breach of the 

LUCs to the MPCA and EPA. 

Five-Year Review (FYR) 

The Navy conducted a FYR at the Site 

in October 2013. The 2013 FYR 

concluded that the remedy at NIROP for 

OU2 is protective of human health and 

the environment. The FYR calls for the 

Navy to continue long-term stewardship 

to ensure that the LUCs are maintained. 

Future Redevelopment 

Plans are currently underway to 

redevelop the NIROP Site into a 

commercial office/warehouse complex. 

This planned redevelopment is 

consistent with the existing Land Use 

designation for the site. The three 

parties to the FFA concur that the 

delisting of OU2 from the NPL would 

facilitate this redevelopment effort and 

allow OU2 to become eligible for State 

and Federal Brownfields funding. 

Superfund NPL site property is not 

eligible for Federal Brownfields 

funding. 

A developer has enrolled the NIROP 

site and certain adjacent land into 

MPCA’s Voluntary Investigation and 

Cleanup (VIC) program. In conjunction 

with the redevelopment of the NIROP 

Superfund Site, any additional 

investigations will be conducted under 

the oversight and direction of MPCA’s 

VIC program. 

Community Involvement 

Public participation activities have 

been satisfied as required in CERCLA 

section 113(k), 42 U.S.C. 9613(k), and 

CERCLA section 117, 42 U.S.C. 9617. 

Documents in the deletion docket, 

which EPA relied on for 

recommendation of the partial deletion 

of this Site from the NPL, are available 

to the public in the information 

repositories and at www.regulations.gov. 

Documents in the docket include maps 

which identify the specific parcels of 

land that are included in this document 

(i.e., OU2). 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

The NCP (40 CFR 300.425(e)) states 

that portions of a site may be deleted 

from the NPL when no further response 

action is appropriate. EPA, in 

consultation with the State of 

Minnesota, has determined that no 

further action is appropriate. 

V. Deletion Action 

EPA, with concurrence of the State of 

Minnesota through the MPCA, has 

determined that all appropriate 

response actions under CERCLA, other 

than operation, maintenance, and fiveyear reviews, have been completed. 

Therefore, EPA is deleting OU2 of the 

NIROP Superfund Site from the NPL. 

Because EPA considers this action to 

be noncontroversial and routine, EPA is 

proceeding without prior publication. 

This action will be effective August 29, 

2014 unless EPA receives adverse 

comments by July 30, 2014. If adverse 

comments are received within the 30- 

day public comment period, EPA will 

publish a timely withdrawal of this 

direct final notice of partial deletion 

before the effective date of the partial 

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 

partially 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: June 12, 2014. 

Susan Hedman, 

Regional Administrator Region 5. 

For the reasons set out in this 

document, 40 CFR part 300 is amended 

as follows: 

PART 300—[AMENDED] 

■ 1. The authority citation for part 300 

continues to read as follows: 


wreier-aviles on DSK5TPTVN1PROD with RULES
36662 Federal Register / Vol. 79, No. 125 / Monday, June 30, 2014 / Rules and Regulations 

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—[Amended] 

■ 2. Table 2 of Appendix B to part 300 

is amended by revising the entry for 

‘‘MN,’’ ‘‘Naval Industrial Reserve 

Ordnance Plant,’’ ‘‘Fridley’’ to read as 

follows: 

Appendix B to Part 300—National 

Priorities List 

* * * * * 

TABLE 2—FEDERAL FACILITIES SECTION

St Site name City/County (Notes)(a)

*******

MN .................................................................................. Naval Industrial Reserve Ordnance Plant ..................... Fridley P 

* * * * * * * 

* * * * * 

Notes: 

(a)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. 2014–15255 Filed 6–27–14; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF THE INTERIOR 

Bureau of Land Management 

43 CFR Part 3830 

[LLWO320000–L19900000.PP0000] 

RIN 1004–AE35 

Required Fees for Mining Claims or 

Sites 

AGENCY: Bureau of Land Management, 

Interior. 

ACTION: Final rule. 

SUMMARY: The Bureau of Land 

Management (BLM) is issuing this final 

rule to make statutorily authorized 

adjustments to its location and 

maintenance fees for unpatented mining 

claims, mill sites, and tunnel sites. 

These adjustments reflect changes in the 

Consumer Price Index (CPI), which is 

published by the Bureau of Labor 

Statistics. 

DATES: The final rule is effective June 

30, 2014. 

ADDRESSES: You may submit inquiries 

to: Mail: Director (630), Bureau of Land 

Management, U.S. Department of the 

Interior, 1849 C St. NW., Washington, 

DC 20240, Attention: 1004–AE27. 

Personal or messenger delivery: U.S. 

Department of the Interior, Bureau of 

Land Management, 20 M St. SE., Room 

2134LM, Attention: Regulatory Affairs, 

Washington, DC 20003. Federal 

eRulemaking Portal: http://

www.regulations.gov. Follow the 

instructions at this Web site. 

FOR FURTHER INFORMATION CONTACT: 

Sonia Santillan at 202–912–7123, in the 

Solid Minerals Group as to program 

matters or the substance of the final rule 

or Jennifer Noe in the Division of 

Regulatory Affairs at 202–912–7442 for 

information relating to the rulemaking 

process generally. Persons who use a 

telecommunications device for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877– 

8339, 24 hours a day, seven days a week 

to contact the above individuals. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Discussion of the Final Rule 

III. Procedural Matters 

I. Background 

The Mining Law of 1872 allows 

individuals and corporations to 

prospect for mineral deposits in public 

lands, and stake (or ‘‘locate’’) a claim on 

the deposits discovered. Historically, 

annual assessment work and related 

filings have been required by statute in 

order to maintain an unpatented mining 

claim or site. (30 U.S.C. 28–28e; 43 

U.S.C. 1744(a) and (c)). 

Beginning in fiscal year 1993, mining 

claimants have been required to pay an 

annual maintenance fee in lieu of 

performing annual assessment work and 

making annual filings. Mining claimants 

locating new claims or sites must also 

pay a one-time location fee. (30 U.S.C. 

28f–28l). 

This rule implements 30 U.S.C. 28j(c), 

which authorizes adjustments to the 

location and annual maintenance fees 

‘‘to reflect changes in the Consumer 

Price Index published by the Bureau of 

Labor Statistics of the Department of 

Labor every 5 years after August 10, 

1993, or more frequently if the Secretary 

determines an adjustment to be 

reasonable.’’ Section 28j(c) also requires 

that mining claimants be provided 

‘‘notice of any adjustment made under 

this subsection not later than July 1 of 

any year in which the adjustment is 

made,’’ and that any fee adjustment 

‘‘shall begin to apply the first 

assessment year which begins after 

adjustment is made.’’ 

As enacted in 1993, the one-time 

location fee was $25, and the annual 

maintenance fee was $100 per mining 

claim or site. In 2004, the BLM 

increased the amount of the location 

and maintenance fees to $30 and $125 

respectively, based on the change in the 

CPI from September 1, 1993, to 

December 31, 2003, 69 FR 40294 (July 

1, 2004). Then in 2009, the BLM 

increased the amount of the location 

and maintenance fees to $34 and $140, 

respectively, based on the change in the 

CPI from December 31, 2003, to 

December 31, 2008, 74 FR 30959 (June 

29, 2009). The BLM has promulgated 

other rules that have affected other 

aspects of the table of charges and fees 

at 43 CFR 3830.21, the regulation that is 

amended by this rule. For example, on 

July 27, 2012, the BLM published an 

interim final rule, 77 FR 44155 (July 27, 

2012), that amended 43 CFR 3830.21 

pursuant to a statutory amendment 

enacted in December of 2011, which 

changed the way the maintenance fee is 

calculated for unpatented placer mining 

claims. 

The adjustments made in this rule are 

based upon the change in the CPI from 

December 31, 2008, to December 31, 

2013, as reported by the Bureau of Labor 

Statistics in the CPI Detailed Report, 

Table 24C, Historical Chained 

Consumer Price Index for All Urban 

Consumers (C–CP–U): U.S. city average, 

all items (http://www.bls.gov/cpi/

cpid1312.pdf). The calculated change is 

9.96 percent from December 31, 2008, 

through December 31, 2013. A 

calculated value for the fees was 

obtained by inflating the location and 

maintenance fees established in the 


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