Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations 49353 

Five-Year Review 

EPA conducted five-year reviews of 

the Site in 2001 and 2006. In the 

reviews, EPA concluded that all 

remedial actions are complete. The next 

five-year review will be conducted in 

2011. The latest five-year review called 

for the placement of restrictive 

covenants on both Site parcels and as 

outlined above, this is complete. The 

review also called for an analysis of the 

impacts of the revised Maximum 

Contaminant Level (MCL) for arsenic on 

the Site remedy. EPA has determined 

that the revised arsenic MCL has limited 

impact on the protectiveness of the Site 

remedy because the goal of the 

groundwater collection at the Site is to 

contain any off-site migration of Site 

groundwater and the only performance 

standard for the collected groundwater 

are the discharge requirements placed 

by the Sanitary District. As the District 

continues to allow discharge from the 

Site without the need for pretreatment 

and the Site groundwater is effectively 

controlled by the collection trench, the 

protectiveness of the Site remedy is not 

impacted by the revised MCL for arsenic 

and this will be further documented in 

the next five-year review. 

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 deletion of this Site from the NPL 

are available to the public in the 

information repositories, and at 

www.regulations.gov. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

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 Indiana, has determined that 

the responsible parties have 

implemented all response actions 

required. 

V. Deletion Action 

EPA, with concurrence of the State of 

Indiana through the Indiana Department 

of Environmental Management, has 

determined that all appropriate 

response actions under CERCLA (other 

than operation, maintenance, 

monitoring and 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 October 20, 2008 

unless EPA receives adverse comments 

by September 22, 2008. 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. 

List of Subjects in 40 CFR Part 300 

Environmental protection, Air 

pollution control, Chemicals, Hazardous 

substances, Hazardous waste, 

Intergovernmental relations, Penalties, 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Dated: August 7, 2008 

Walter W. Kovalick Jr., 

Acting Regional Administrator, Region V. 

■ 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: 

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 1 of Appendix B to part 300 

is amended under Indiana (IN) by 

removing the site name ‘‘Waste Inc. 

Landfill’’ and the corresponding City/ 

County designation ‘‘Michigan City’’. 

[FR Doc. E8–19256 Filed 8–20–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1986–0008, Notice 3; 

FRL–8706–1] 

National Oil and Hazardous Substance 

Pollution Contingency Plan National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Deletion of the Double 

Eagle Refinery Co. Superfund Site From 

the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 announces the 

deletion of the Double Eagle Refinery 

Co. Superfund Site (Site) located in 

Oklahoma City, 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 

found at Appendix B of 40 CFR part 300 

which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Oklahoma, through the 

Oklahoma Department of Environmental 

Quality, have determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: Effective Date: This action is 

effective August 21, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–SFUND–

1986–0008, Notice 3. All documents in 

the docket are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers and 

viewing hours are: 

U.S. EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

(214) 665–8157, by appointment only 

Monday through Friday 9 a.m. to 12 

p.m. and 1 p.m. to 4 p.m. 

Ralph Ellison Library, 2000 Northeast 

23, Oklahoma City, Oklahoma 73111, 

(409) 643–5979, Monday through 

Wednesday 9 a.m. to 9 p.m., Thursday 

and Friday 9 a.m. to 6 p.m., Saturday 

10 a.m. to 4 p.m. 

Oklahoma Department of Environmental 

Quality (ODEQ), 707 North Robinson, 

Oklahoma City, Oklahoma 73101, 

(512) 239–2920, Monday through 

Friday 8 a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Bartolome Canellas (6SF–RL), Remedial 

Project Manager, U.S. Environmental 

Protection Agency, Region 6, U.S. EPA, 

1445 Ross Avenue, Dallas, Texas 75202, 

(214) 665–6662 or 1–800–533–3508 or 

canellas.bart@epa.gov. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: Double 


sroberts on PROD1PC70 with RULES
49354 Federal Register / Vol. 73, No. 163 / Thursday, August 21, 2008 / Rules and Regulations 

Eagle Refinery Co., Oklahoma City, 

Oklahoma. A Notice of Intent to Delete 

for this Site was published in the 

Federal Register on June 13, 2008. 

The closing date for comments on the 

Notice of Intent to Delete was July 14, 

2008. One public comment was 

received. The commenter questioned 

the completeness of the response action 

based on information found in non-EPA 

Internet Web sites. EPA believes the 

deletion is appropriate, since the 

response action has been implemented, 

as documented in the Deletion Docket. 

A responsiveness summary was 

prepared and placed in the docket, 

EPA–HQ–SFUND–1986–0008, Notice 3, 

on http://www.regulations.gov, and in 

the local repositories listed above. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. 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. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

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 12, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

■ For 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. 

■ 2. Table 1 of Appendix B to part 300 

is amended by removing the entry under 

OK for ‘‘Double Eagle Refinery Co.’’, 

‘‘Oklahoma City’’. 

[FR Doc. E8–19420 Filed 8–20–08; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–1989–0008, Notice 4; 

FRL–8706–2] 

National Oil and Hazardous Substance 

Pollution Contingency Plan National 

Priorities List 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of Deletion of the Fourth 

Street Abandoned Refinery Superfund 

Site from the National Priorities List. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 6 announces the 

deletion of the Fourth Street Abandoned 

Refinery Superfund Site (Site) located in 

Oklahoma City, 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 

found at Appendix B of 40 CFR part 300 

which is the National Oil and 

Hazardous Substances Pollution 

Contingency Plan (NCP). The EPA and 

the State of Oklahoma, through the 

Oklahoma Department of Environmental 

Quality, have determined that all 

appropriate response actions under 

CERCLA, other than operation, 

maintenance, and five-year reviews, 

have been completed. However, this 

deletion does not preclude future 

actions under Superfund. 

DATES: Effective Date: This action is 

effective August 21, 2008. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–HQ–SFUND–

1989–0008, Notice 4. All documents in 

the docket are listed on the http:// 

www.regulations.gov Web site. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through http:// 

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers and 

viewing hours are: 

U.S. EPA Region 6, 1445 Ross Avenue, 

Suite 700, Dallas, Texas 75202–2733, 

(214) 665–8157, by appointment only 

Monday through Friday 9 a.m. to 12 

p.m. and 1 p.m. to 4 p.m. 

Ralph Ellison Library, 2000 Northeast 

23, Oklahoma City, OK 73111, (409) 

643–5979, Monday through 

Wednesday 9 a.m. to 9 p.m., Thursday 

and Friday 9 a.m. to 6 p.m., Saturday 

10 a.m. to 4 p.m. 

Oklahoma Department of Environmental 

Quality (ODEQ), 707 North Robinson, 

Oklahoma City, Oklahoma 73101, 

(512) 239–2920, Monday through 

Friday 8 a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Bartolome Canellas (6SF–RL), Remedial 

Project Manager, U.S. Environmental 

Protection Agency, Region 6, U.S. EPA, 

1445 Ross Avenue, Dallas, Texas 75202, 

(214) 665–6662 or 1–800–533–3508 or 

canellas.bart@epa.gov. 

SUPPLEMENTARY INFORMATION: The site to 

be deleted from the NPL is: Fourth 

Street Abandoned Refinery, Oklahoma 

City, Oklahoma. A Notice of Intent to 

Delete for this Site was published in the 

Federal Register on June 13, 2008. 

The closing date for comments on the 

Notice of Intent to Delete was July 14, 

2008. One public comment was 

received. The commenter questioned 

the completeness of the response action 

based on information found in non-EPA 

Internet Web sites. EPA believes the 

deletion is appropriate, since the 

response action has been implemented, 

as documented in the Deletion Docket. 

A responsiveness summary was 

prepared and placed in the docket, 

EPA–HQ–SFUND–1989–0008, Notice 4, 

on http://www.regulations.gov, and in 

the local repositories listed above. 

EPA maintains the NPL as the list of 

sites that appear to present a significant 

risk to public health, welfare, or the 

environment. Deletion from the NPL 

does not preclude further remedial 

action. 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. Deletion of a site from 

the NPL does not affect responsible 

party liability in the unlikely event that 

future conditions warrant further 

actions. 

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 12, 2008. 

Richard E. Greene, 

Regional Administrator, Region 6. 

■ For reasons set out in the preamble, 40 

CFR part 300 is amended as follows: 


sroberts on PROD1PC70 with RULES