7934 Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Proposed Rules

Dated: February 1, 1995.

John Wise,

Acting Regional Administrator.

[FR Doc. 95–3376 Filed 2–9–95; 8:45 am]

BILLING CODE 6560–50–P

40 CFR Part 52

[TN–139–1–6667b; FRL–5141–1]

Approval and Promulgation of Air

Quality Implementation Plans;

Tennessee; Revision to New Source

Review, Construction and Operating

Permit Requirements

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Proposed rule.

SUMMARY: The EPA proposes to approve

the State Implementation Plan (SIP)

revision submitted by the State of

Tennessee for the purpose of bringing

the State’s new source review (NSR)

regulations into compliance with the

1990 amendments to the Clean Air Act

(CAA) and the Federal regulations. In

the final rules section of this Federal

Register, the EPA is approving the

State’s SIP revision as a direct final rule

without prior proposal because the

Agency views this as a noncontroversial

revision amendment and anticipates no

adverse comments. A detailed rationale

for the approval is set forth in the direct

final rule. If no adverse comments are

received in response to that direct final

rule, no further activity is contemplated

in relation to this proposed rule. If EPA

receives adverse comments, the direct

final rule will be withdrawn and all

public comments received will be

addressed in a subsequent final rule

based on this proposed rule. The EPA

will not institute a second comment

period on this document. Any parties

interested in commenting on this

document should do so at this time.

DATES: To be considered, comments

must be received by March 13, 1995.

ADDRESSES: Written comments should

be addressed to: Ms. Karen Borel, at the

Regional Office Address listed.

Copies of the material submitted by

the State of Tennessee may be examined

during normal business hours at the

following locations:

Air and Radiation Docket and

Information Center (Air Docket 6102),

U.S. Environmental Protection Agency,

401 M Street, SW., Washington, DC

20460.

Environmental Protection Agency,

Region 4 Air Programs Branch, 345

Courtland Street, NE., Atlanta, Georgia

30365.

Tennessee Division of Air Pollution

Control, 701 Broadway, Customs House,

4th floor, Nashville, Tennessee 37247–

1531.

FOR FURTHER INFORMATION CONTACT: Ms.

Karen Borel, Regulatory Planning and

Development Section, Air Programs

Branch, Air, Pesticides & Toxics

Management Division, Region 4

Environmental Protection Agency, 345

Courtland Street, NE., Atlanta, Georgia

30365. The telephone number is 404/

347–3555, ext 4197. Reference file TN–

139–1–6667b.

SUPPLEMENTARY INFORMATION: For

additional information see the direct

final rule which is published in the

rules section of this Federal Register.

Dated: January 9, 1995.

Patrick M. Tobin,

Acting Regional Administrator.

[FR Doc. 95–3333 Filed 2–9–95; 8:45 am]

BILLING CODE 6560–50–F

40 CFR Part 300

[FRL–5152–2]

National Oil and Hazardous Substance

Contingency Plan; National Priorities

List Update

AGENCY: Environmental Protection

Agency.

ACTION: Notice of intent to delete Wilson

Concepts Site from the National

Priorities List (NPL); request for

comments.

SUMMARY: EPA, Region IV, announces its

intent to delete the Wilson Concepts

Superfund Site (Site) in Pompano

Beach, Broward County, Florida, from

the NPL and requests public comment

on this action. The NPL constitutes

appendix B of 40 CFR part 300 which

is the National Oil and Hazardous

Substances Pollution Contingency Plan

(NCP), which EPA promulgated

pursuant to section 105 of the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980 (CERCLA), as amended.

EPA and the State of Florida (State)

have determined that all appropriate

response actions under CERCLA have

been implemented and that no further

cleanup by responsible parties is

appropriate. Moreover, EPA and the

State have determined that the remedial

actions conducted at the Site to date

have been protective of public health,

welfare, and the environment.

DATES: Comments on the proposed

deletion from the NPL should be

submitted no later than March 13, 1995.

ADDRESSES: Comments may be mailed to

Olga Perry, Remedial Project Manager,

South Superfund Remedial Branch,

Waste Management Division, U.S.

Environmental Protection Agency,

Region IV, 345 Courtland Street, NE.,

Atlanta, GA 30365.

Comprehensive information on this

Site is available through the EPA Region

IV public docket, which is located at

EPA’s Region IV office and is available

for viewing by appointment from 9:00

a.m. to 4:00 p.m., Monday through

Friday, excluding holidays. Requests for

appointments or copies of the

background information from the

regional public docket should be

directed to the EPA Region IV docket

office.

The address for the regional docket

office is Ms. Debbie Jourdan, U.S.

Environmental Protection Agency,

Region IV, 345 Courtland Street, NE.,

Atlanta, Georgia 30365, telephone No.:

(404) 347–5059, ext. 6217.

Background information from the

regional public docket is also available

for viewing at the Site information

repository located at the Broward

County Main Library, Government

Documents, 100 South Andrews Avenue

NE., Fort Lauderdale, Florida 33301.

FOR FURTHER INFORMATION CONTACT: Ms.

Olga Perry, U.S. Environmental

Protection Agency, Region IV, 345

Courtland Street, NE., Atlanta, Georgia

30365, (404) 347–2643, ext. 6249.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction

II. NPL Deletion Criteria

III. Deletion Procedures

IV. Basis for Intended Site Deletions

I. Introduction

EPA, Region IV, announces its intent

to delete the Site from the NPL, which

constitutes Appendix B of the NCP, and

requests comments on this proposed

deletion. EPA identifies sites that

appear to present a significant risk to

public health, welfare, or the

environment and maintains the NPL as

the list of those sites. Sites on the NPL

may be the subject of remedial actions

financed by the Hazardous Substances

Superfund (Fund). Pursuant to

§ 300.425(e)(3) of the NCP, any site

deleted from the NPL remains eligible

for Fund-financed Remedial Actions in

the unlikely event that conditions at the

site warrant such action.

EPA will accept comments

concerning this Site until March 13,

1995.

Section II of this notice explains the

criteria for deleting sites from the NPL.

Section III discusses procedures that

EPA is using for this action. Section IV

discusses how the Site meets the

deletion criteria.
Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Proposed Rules 7935

II. NPL Deletion Criteria

The NCP establishes the criteria that

the Agency uses to delete sites from the

NPL. In accordance with 40 CFR

300.425(e), releases may be deleted from

the NPL where no further response is

appropriate. In making this

determination, EPA will consider, in

consultation with the State, whether any

of the following criteria have been met:

(i) Responsible or other parties have

implemented all appropriate response

actions required; or

(ii) All appropriate Fund-financed

responses under CERCLA have been

implemented and no further cleanup 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, taking of

remedial measures is not appropriate.

III. Deletion Procedures

EPA Region IV will accept and

evaluate public comments before

making a final decision to delete.

Comments from the local community

may be the most pertinent to deletion

decisions. The following procedures

were used for the intended deletion of

this Site:

(1) EPA, Region IV, has recommended

deletion and has prepared the relevant

documents. (2) The State has concurred

with deletion decision. (3) Concurrent

with this National Notice of Intent to

Delete, a local notice has been

published in local newspapers and has

been distributed to appropriate federal,

state, and local officials, and other

interested parties. (4) The Region has

made all relevant documents available

in the Regional Office and local site

information repository.

Deletion of a site from the NPL does

not itself, create, alter, or revoke any

individual rights or obligations. The

NPL is designated primarily for

information purposes and to assist

Agency management. As mentioned in

Section II of this document, 40 CFR

300.425(e)(3) provides that deletion of a

site from the NPL does not preclude

eligibility for future Fund-financed

response actions.

The comments received during the

notice and comment period will be

evaluated before the final decision to

delete. The Region will prepare a

Responsiveness Summary, if necessary,

which will address any comments

received during the public comment

period.

A deletion occurs when the EPA

Regional Administrator publishes a

notice in the Federal Register. The NPL

will reflect any deletions in the next

final update. Public notices and copies

of the Responsiveness Summary will be

made available to local residents by

Region IV.

IV. Basis for Intended Site Deletion

The following summary provides the

Agency’s rationale for the intent to

delete this Site from the NPL.

The Wilson Concepts Site occupies

approximately two acres in a highly

industrialized section of northeastern

Broward County, Pompano Beach,

Florida. Associated operations at the

facility included precision machining,

drilling, and milling of metal parts,

vibratory deburring, degreasing, steam

cleaning, and spray coating of parts. A

variety of chemicals were used,

including organic solvents, chlorinated

solvents, petroleum products, paints,

cyanides, acids, and bases.

From 1976 through 1989, several

inspections were conducted by Broward

County Environmental Quality Control

Board (BCEQCB) which documented

poor waste handling practices,

including discharge of industrial wastes

onto the ground. Raw materials usage at

the Site was documented on two

occasions over a period of 10 years. In

the early 1980’s, possibly as early as

1981, Wilson Concepts submitted a

hazardous materials inventory list to the

BCEQCB. The chemicals used at the Site

included a variety of hydraulic and

lubricating oils, metal protection agents,

water coolants, methylene chloride,

methyl ethyl ketone, and chemical

cleaners (possibly corrosives). In August

1985, EPA conducted a Preliminary

Assessment of the Site and in July 1986

requested its contractor, NUS, to

perform a Sampling Investigation. The

results of this sampling caused the Site

to be proposed for the NPL in July 1988.

In March 1989, the Wilson Concepts

Site, of Florida, was formally included

on the NPL.

The Remedial Investigation (RI) was

conducted in two phases, phase I in

1990 and phase II in 1991. The

groundwater contaminant levels

detected at the Site during the RI were

much lower than those detected during

the Site Listing Investigation (SLI). Most

of the contamination consisted of

organic compounds which easily

evaporate and/or naturally degrade.

Trichloroethylene was detected in two

monitoring wells during the first

sampling event but was not detected

above groundwater standards in phase

II, indicating that no distinct

groundwater contaminant plume

existed. Chromium and strontium along

with low levels of orgaincs including

toluene were detected in Site soils.

Chromium was observed in two

locations in subsurface soils at elevated

levels. Though similar organic

contaminants were detected during the

RI, the concentrations were much lower

than previously detected and were

within the range considered by EPA to

be safe for human exposure. It is

possible that the organic contamination

was reduced by natural attenuation.

The Record of Decision (ROD), issued

by EPA, Region IV, on September 22,

1992 selected alternatives consistent

with the recommendation in the

Feasibility Study. The remedy is a ‘‘No

Action’’ remedy which included

monitoring of on-site ground water,

quarterly, for a one-year period to

confirm the appropriateness of the no

action remedy.

The EPA community relations

activities at the Site included a public

meeting in July 28, 1992 to present to

the public the Agency’s Proposed Plan

for Remediation at the Site. Public

comments received during a 30-day

comment period were received and

addressed in the Responsiveness

Summary. The major concerns included

the Site’s affect on local wells and water

bodies, residual dangers from the Site,

what has happened to the contaminant

concentrations that allowed the Site to

be placed on the National Priorities List,

how the monitoring will be conducted

and what will happen when the

monitoring is completed. The

Responsiveness Summary was included

as an appendix to the ROD.

A Post ROD Project Operations Plan

for the Site was completed on May 25,

1993. Field work for Post ROD ground

water monitoring begin on June 21,

1993, and was completed on July 18,

1994. Post ROD ground water

monitoring confirmed that Site related

contaminants had declined in

concentration and are below maximum

contaminant levels (MCLs). Sporadic

detections of iron, manganese and

aluminum do not appear site related.

During the Remedial Investigation

drums were left on the Site. Those

drums since have been sampled. No

contaminants of concern were detected

in either the drummed soil or aqueous

samples. The Agency for Toxic

Substances and Disease Registry

(ATSDR) completed a health assessment

for the Site in May, 1990. ATSDR

reviewed the surface water and ground

water data and recommended that the

Site should not be considered for

follow-up health studies due to no

present exposure to population.

No institutional controls are necessary

for the Site. A five-year ground water

review will not be conducted because

contaminants of concerns have achieved

levels below MCLs, which was verified
7936 Federal Register / Vol. 60, No. 28 / Friday, February 10, 1995 / Proposed Rules

through Post ROD monitoring. These

levels indicated that no future threats to

the public health or environment exist.

EPA and the State find that the remedy

continues to provide adequate

protection of human health and the

environment. Therefore, EPA proposes

to delete the Site from the NPL.

EPA, with concurrence of the State of

Florida, has determined that all

appropriate Fund-financed responses

under CERCLA at the Wilson Concepts

Site have been completed, and that no

further cleanup by responsible parties is

appropriate.

Dated: February 2, 1995.

Patrick M. Tobin,

Acting Regional Administrator, USEPA

Region IV.

[FR Doc. 95–3291 Filed 2–9–95; 8:45 am]

BILLING CODE 6560–50–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Parts 649, 650 and 651

[I.D. 020395B]

New England Fishery Management

Council; Public Meetings and Hearings

AGENCY: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION: Public meetings and hearings.

SUMMARY: The New England Fishery

Management Council (Council) will

hold a 2-day public meeting and hearing

to consider actions affecting the New

England fisheries in the exclusive

economic zone (EEZ).

DATES: The meetings are scheduled as

follows:

1. February 15, 1995, 10 a.m.

2. February 16, 1995, 8:30 a.m.

ADDRESSES: The meetings will be held at

King’s Grant Inn, Route 128 and Trask

Lane, Danvers, MA 01923; telephone:

508–774–6800.

FOR FURTHER INFORMATION CONTACT:

Douglas G. Marshall, Executive Director,

New England Fishery Management

Council, 5 Broadway, Saugus, MA

01906, telephone: 617–231–0422.

SUPPLEMENTARY INFORMATION:

Wednesday, February 15, 1995

The meeting will begin with a report

on the 19th Northeast Regional Stock

Assessment Workshop. Information

concerning Gulf of Maine cod and Gulf

of Maine/Georges Bank white hake will

be presented. Following the stock

assessment report, the Council’s

Northeast Multispecies Groundfish

Committee (Groundfish Committee) will

present an update on the development

of Framework Adjustment 9 to the

Fishery Management Plan (FMP) for the

Northeast Multispecies Fishery that

would permanently extend the

groundfish emergency rule and its

amendment, which are currently in

effect, with some modifications (see

below).

As part of Amendment 7 to the FMP

for the Northeast Multispecies Fishery,

the Council will discuss the

recommendations of the Groundfish

Committee to protect overfished

groundfish stocks. These may include

time/area closures, catch quotas, the

impacts of fishing effort displacement,

Canadian harvest of transboundary

stocks, and other measures. The

discussion of Amendment 7 may

continue through the afternoon.

If time is available during the

afternoon reports will be given by the

Council Chairman; Council Executive

Director; Director, Northeast Region,

NMFS (Regional Director); Northeast

Fisheries Science Center Liaison; MidAtlantic Fishery Management Council

Liaison; and a representative from the

U.S. Coast Guard.

Any remaining reports will be

covered on Thursday, February 16,

1995, in the morning.

Thursday, February 16, 1995

The Lobster Committee will present

recommendations on the management

strategies drafted by its Effort

Management Teams for inclusion in

Amendment 6 to the FMP for the

American Lobster Fishery. The Lobster

Committee will also initiate action on a

framework adjustment to address

criteria for limited access permits (see

below).

The Sea Scallop Committee will

finalize a framework adjustment to the

FMP for the Atlantic Sea Scallop

Fishery in which the Council proposes

to allow only limited use of nets to

harvest sea scallops and to restrict the

size of twine tops used in sea scallop

dredges. Any other relevant business

will be addressed at the end of the

discussion on the framework adjustment

for sea scallops.

Abbreviated Rulemaking Action—

Northeast Multispecies

The Council will consider final action

on Framework Adjustment 9 to the FMP

for the Northeast Multispecies Fishery

under the framework procedure for

abbreviated rulemaking contained in 50

CFR 651.40. At its December 7 and 8,

1994, meetings, the Council announced

that it would initiate a framework

adjustment that would permanently

implement the emergency interim rule

and the amendment to the emergency

interim rule now in place for 3 months,

with some modifications. These

emergency actions close areas of

Georges Bank and southern New

England to all fishing and scalloping,

with some stated exceptions, prohibit

the possession of regulated multispecies

finfish, and limit the possession of

certain other species when using smallmesh nets. The public is invited to

comment. If the Regional Director

concurs with the Council’s

recommendations on Framework

Adjustment 9, he could publish them as

a proposed or a final rule in the Federal

Register.

Abbreviated Rulemaking Action—

Atlantic Sea Scallops

The Council will consider final action

on an adjustment to the FMP for the

Atlantic Sea Scallop fishery under the

framework procedure for abbreviated

rulemaking contained in 50 CFR 650.40.

The Council proposes to allow only

limited use of nets to harvest sea

scallops and to restrict the size of twine

tops used in sea scallop dredges. There

will be final decisions on the issues of

continued fishing during the permit

appeals process, the use of nets while

fishermen are not in the days-at-sea

program, and final specification of the

twine top restriction. This framework

was reviewed at the December 7 and 8,

1994, and January 11 and 12, 1995,

Council meetings, but comments from

the public will again be accepted on

February 16, 1995. If the Regional

Director concurs with the Council’s

recommendations on this framework

adjustment, he could publish them as a

proposed or a final rule in the Federal

Register.

Abbreviated Rulemaking Action—

American Lobster

The Council will consider initial

action on an adjustment to the

American Lobster FMP under the

framework procedure for abbreviated

rulemaking contained in 50 CFR 649.43.

At its January 11 and 12, 1995, meeting,

the Council announced that it would

initiate a framework adjustment that

would modify eligibility criteria for

lobster limited access permits to address

the following circumstances: (1) The

eligibility of fishermen who fished for

lobsters in the EEZ prior to the January

9, 1991, control date, but who did not

have a Federal lobster permit; (2) permit

holders who leased their federally

endorsed lobster permits to another

person; (3) a captain with a federally