Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44529 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart FF—New Jersey 

■ 2. Add § 62.7607 and an undesignated 

heading to subpart FF to read as follows: 

Air Emissions from Existing Sewage 

Sludge Incineration Units 

§ 62.7607 Identification of plan— 

delegation of authority. 

(a) Letter from the New Jersey 

Department of Environmental Protection 

(NJDEP), submitted October 12, 2016, 

requesting delegation of authority from 

the EPA to implement and enforce the 

Federal plan for existing Sewage Sludge 

Incineration (SSI) units. The Federal 

plan will be administered by both the 

NJDEP and the EPA, pursuant to 

‘‘Federal Plan Requirements for Sewage 

Sludge Incineration Units Constructed 

on or Before October 14, 2010’’ 40 CFR 

62.15855–62.16050. 

(b) Identification of sources. The 

Federal plan applies to owners or 

operators of existing facilities that meet 

all three of the following criteria: 

(1) The SSI unit(s) commenced 

construction on or before October 14, 

2010; 

(2) The SSI unit(s) meets the 

definition of an SSI unit as defined in 

§ 62.16045; and 

(3) The SSI unit(s) is not exempt 

under § 62.15860. 

(c) On December 27, 2016, the EPA 

prepared and signed a Memorandum of 

Agreement (MOA) between the EPA and 

NJDEP that define the policies, 

responsibilities and procedures 

pursuant to the SSI Federal plan 

identified in (a) above by which the 

Federal plan will be administered by 

both the NJDEP and the EPA. On 

January 24, 2017, Bob Martin, NJDEP 

Commissioner, signed the MOA, 

therefore agreeing to the terms and 

conditions of the MOA and accepting 

responsibility to enforce and implement 

the policies, responsibilities, and 

procedures for existing SSI units. 

(d) The delegation became fully 

effective on January 24, 2017, the date 

the MOA was signed by the NJDEP 

Commissioner. 

[FR Doc. 2017–20440 Filed 9–22–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2005–0011; FRL–9967– 

25–Region 5] 

National Oil and Hazardous Substance 

Pollution Contingency Plan; National 

Priorities List: Deletion of the Nutting 

Truck & Caster Co. Superfund Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Direct final rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) Region 5 is publishing a 

direct final Notice of Deletion of the 

Nutting Truck & Caster Co. Superfund 

Site (Site), located in Faribault, Rice 

County, 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 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 have been completed. 

However, this deletion does not 

preclude future actions under 

Superfund. 

DATES: This direct final deletion is 

effective November 24, 2017 unless EPA 

receives adverse comments by October 

25, 2017. 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–2005–0011 at https://

www.regulations.gov. Follow the online 

instructions for submitting comments. 

Comments may also be submitted by 

email or mail to Randolph Cano, NPL 

Deletion Coordinator, U.S. 

Environmental Protection Agency 

Region 5 (SR–6J), 77 West Jackson 

Boulevard, Chicago, IL 60604, (312) 

886–6036, email address: 

cano.randolph@epa.gov or hand deliver: 

Superfund Records Center, U.S. 

Environmental Protection Agency 

Region 5, 77 West Jackson Boulevard, 

7th Floor South, Chicago, IL 60604, 

(312) 886–0900. 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 a.m. to 4 p.m., 

excluding Federal holidays. Once 

submitted, comments cannot be edited 

or removed from Regulations.gov. The 

EPA may publish any comment received 

to its public docket. Do not submit 

electronically any information you 

consider to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Multimedia submissions (audio, video, 

etc.) must be accompanied by a written 

comment. The written comment is 

considered the official comment and 

should include discussion of all points 

you wish to make. The EPA will 

generally not consider comments or 

comment contents located outside of the 

primary submission (i.e. on the web, 

cloud, or other file sharing system). For 

additional submission methods, the full 

EPA public comment policy, 

information about CBI or multimedia 

submissions, and general guidance on 

making effective comments, please visit 

https://www2.epa.gov/dockets/ 

commenting-epa-dockets. Publicly 

available docket materials are available 

either electronically through https://

www.regulations.gov or in hard copy at 

the site information repositories. 

Locations, contacts, phone numbers 

and viewing hours are: 

U.S. Environmental Protection 

Agency—Region 5, Superfund Records 

Center, 77 West Jackson Boulevard, 7th 

Floor South, Chicago, IL 60604, Phone: 

(312) 886–0900, Hours: Monday through 

Friday, 8 a.m. to 4 p.m., excluding 

Federal holidays. 

Buckham Memorial Library, 11 

Division Street E, Faribault, MN 55021, 

Phone: (507) 334–2089, Hours: Monday 

and Wednesday, 9 a.m. to 6 p.m., 

Tuesday and Thursday 9 a.m. to 8 p.m., 

Friday and Saturday 9 a.m. to 5 p.m. 

FOR FURTHER INFORMATION CONTACT: 

Randolph Cano, NPL Deletion 

Coordinator, U.S. Environmental 

Protection Agency Region 5 (SR–6J), 77 

West Jackson Boulevard, Chicago, IL 

60604, (312) 886–6036, or via email at 

cano.randolph@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 5 is publishing this direct 

final Notice of Deletion of the Nutting 


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44530 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 

Truck & Caster Co. Site (Site) 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 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). As described in 

§ 300.425(e)(3) of the NCP, sites deleted 

from the NPL remain eligible for Fundfinanced remedial actions if future 

conditions warrant such actions. 

Because EPA considers this action to 

be noncontroversial and routine, this 

action is effective November 24, 2017, 

unless EPA receives adverse comments 

by October 25, 2017. 

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 Nutting Truck & Caster 

Co. Site and demonstrates how it meets 

the deletion criteria. Section V discusses 

EPA’s action to delete the site from the 

NPL unless adverse comments are 

received during the public comment 

period. 

II. NPL Deletion Criteria 

The NCP establishes the criteria that 

EPA uses to delete sites from the NPL. 

In accordance with 40 CFR 300.425(e), 

sites may be deleted from the NPL 

where no further response is 

appropriate. In making such a 

determination pursuant to 40 CFR 

300.425(e), EPA will consider, in 

consultation with the State, whether any 

of the following criteria have been met: 

i. Responsible parties or other persons 

have implemented all appropriate 

response actions required; 

ii. all appropriate Fund-financed 

response under CERCLA has been 

implemented, and no further response 

action by responsible parties is 

appropriate; or 

iii. the remedial investigation has 

shown that the release poses no 

significant threat to public health or the 

environment and, therefore, the taking 

of remedial measures is not appropriate. 

III. Deletion Procedures 

The following procedures apply to 

deletion of the Site: 

(1) EPA consulted with the State of 

Minnesota 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 thirty 

(30) working days for review of this 

action and the parallel Notice of Intent 

to Delete prior to their publication 

today, and the State, through the MPCA, 

has concurred on the deletion of the Site 

from the NPL. 

(3) Concurrent with the publication of 

this direct final Notice of Deletion, a 

notice of the availability of the parallel 

Notice of Intent to Delete is being 

published in a major local newspaper, 

the ‘‘Faribault Daily News’’. The 

newspaper document announces the 30- 

day public comment period concerning 

the Notice of Intent to Delete the Site 

from the NPL. 

(4) 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 Nutting Truck & Caster Co. 

Superfund Site (CERCLIS ID: 

MND006154017) is located at 85 Prairie 

Avenue (formerly reported as 1201 or 

1221 W. Division Street) in Faribault, 

Minnesota. The Site covers 

approximately 8.6 acres of the former 11 

acre Nutting Truck & Caster Co. 

(Nutting) property that was used for 

manufacturing and waste disposal 

activities. The Site is bound on the west 

by Prairie Avenue and the southeast by 

railroad tracks. The majority of the 

north Site boundary is approximately 

250 feet south of Division Street. The 

Site is accessed via Prairie Avenue. The 

property is currently owned by Prairie 

Avenue Leasing, Ltd., and is utilized for 

commercial and light industrial uses. 

The property includes an industrial/ 

commercial building with loading 

docks. Most of the remainder of the 

property is paved. A cell tower is 

located on the property. 

Single-family homes and an Islamic 

Center are located to the west and north 

of the Site. The residences and other 

water-users on and near the Site are 

connected to the municipal water 

supply. Nutting manufactured casters, 

wheels and hand trucks at the Site from 

1891 to 1984. Prior to 1979, Nutting 

disposed wastes in an unlined seepage 

pit in a former gravel pit on the Site. 

The wastes were primarily solvents and 

sludges containing cadmium, lead, 

cyanide, methylene chloride, 

trichloroethylene (TCE) and xylene. 

The MPCA issued a Notice of 

Noncompliance to Nutting for their past 

TCE disposal practice at the Site in 

1979. Nutting excavated the sludge and 

contaminated soil from the former 

seepage pit under MPCA oversight in 

1980. Nutting land spread the excavated 

material on Rice County property 

adjacent to the Rice County Landfill in 

accordance with MPCA Permit 

MNL051748. Nutting backfilled the pit 

with clean fill and paved the area over 

with concrete. MPCA determined that 

the source materials were effectively 

removed, but that groundwater 

contamination remained at the Site 

above drinking water standards. 

EPA proposed the Site to the NPL on 

September 8, 1983 (48 FR 40658) and 

finalized the Site on the NPL on 

September 21, 1984 (49 FR 37055). 

MPCA added Nutting to its State 

Superfund Priority List, known as the 

Permanent List of Priorities (PLP), in 

1984. MPCA took the lead in addressing 

the Site through its State environmental 

response authority under the Minnesota 

Environmental Response and Liability 

Act (MERLA) of 1983. 

MPCA issued a Request for Response 

Action (RFRA) to Nutting in September 

1983 and a Response Order by Consent 

to Nutting in April 1984 (1984 Order). 

The 1984 Order required Nutting to 

conduct a remedial investigation (RI) 

and to make recommendations 

concerning further response actions that 

may be necessary at the Site. EPA was 

not a party to the 1984 Order because 

the Site was a State enforcement lead 

site. 


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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44531 

Remedial Investigation and Feasibility 

Study (RI/FS) 

Nutting completed the RI and 

recommended response actions for 

groundwater in 1986. MPCA issued a 

second Response Order by Consent to 

Nutting on September 22, 1987 (1987 

Order). EPA was not a party to the 1987 

Order. The 1987 Order required Nutting 

to develop and implement a Response 

Action Plan (RAP) for groundwater 

remediation. MPCA required this action 

based on the possibility that the 

groundwater contamination 

immediately downgradient of the 

Nutting Site could pose a potential 

future threat to the Faribault well field. 

Nutting submitted a RAP to MPCA in 

response to the 1987 Order. MPCA 

approved the RAP and Nutting 

implemented the RAP in 1987. The RAP 

called for the extraction and treatment 

of contaminated groundwater and 

continued groundwater monitoring. 

Selected Remedy 

Soil: MPCA’s selected remedy for soil 

was the soil excavation Nutting 

conducted pursuant to MPCA’s 1979 

Notice of Noncompliance. Nutting 

excavated the contaminated soil and 

material from the seepage pit located in 

the west central area of the property. 

Nutting disposed of these materials, 

which were the Site’s major source of 

TCE contamination, off-site. This 

removal action achieved MPCA’s 

residential soil clean-up goals. Nutting 

backfilled the excavated pit with clean 

fill and paved the area with concrete. 

The area is currently used as a loading 

dock and parking area. The soil removal 

action objectives for the Site are: (1) To 

eliminate the possibility of precipitation 

facilitating the migration of 

contaminants through the soil; and (2) 

to eliminate access to the former 

seepage pit area by potential receptors. 

Groundwater: The remedial action 

objectives (RAOs) for Site groundwater 

are documented in the 1987 RAP. The 

groundwater RAOs are to prevent the 

migration of contaminated groundwater 

away from the Site and to ensure the 

protection of downgradient aquifers for 

future use as a potable water supply. 

Nutting installed a groundwater pumpand-treat (P&T) system at the Site to 

prevent the contaminated groundwater 

from migrating away from the Site in 

1987. Nutting also installed a system of 

downgradient compliance wells to 

assess the effectiveness of the 

groundwater remedy. 

MPCA set the cleanup level for 

groundwater in the RAP at 50 parts per 

billion (ppb) for TCE in the upper 

aquifer units. MPCA’s objective was to 

ensure that the downgradient drinking 

water aquifers would be protected. TCE 

levels in groundwater could not exceed 

50 parts per billion (ppb) in the 

compliance wells. The compliance 

wells were the wells that were the 

closest to the Site, 350–400 feet 

downgradient of the Nutting property 

boundary. Several of the sentinel wells 

located on private properties were 

subsequently sealed due to requests 

from property owners. 

The Minnesota Department of Health 

(MDH) recommended that the 

Minnesota Health Risk Limit (HRL) for 

TCE be changed from 30 ppb to 5 ppb 

in 2002. This lower value coincides 

with EPA’s Maximum Contaminant 

Level (MCL) for TCE under the Safe 

Drinking Water Act. MPCA prepared an 

amended RAP to modify the 

groundwater clean-up goals for the Site 

from 50 ppb of TCE to the present MCL/ 

HRL action level of 5 ppb in 2003. 

Response Actions 

Nutting constructed and began 

operating the groundwater extraction 

system at the Site in 1987. The 

extraction system consisted of two 

wells. One extraction well was installed 

in the shallower, glacial outwash unit of 

the upper aquifer and one extraction 

well was installed in the deeper, St. 

Peter Sandstone unit of the upper 

aquifer. The St. Peter Sandstone unit of 

the upper aquifer is above the lower, 

Prairie du Chien aquifer, which is the 

source of drinking water. Groundwater 

flow in both aquifers is to the north. 

Both extraction wells were located just 

north of the Site on Division Street 

West. Nutting treated the extracted 

groundwater on-Site using a gravity 

cascade to remove the TCE and other 

volatile organic compounds. Nutting 

discharged the treated groundwater to a 

municipal storm water sewer. 

Cleanup Levels 

MPCA lowered the cleanup level for 

TCE to 5 ppb in an amended RAP in 

2003. Groundwater sampling 

demonstrated that the extraction system 

achieved the 5 ppb cleanup standard for 

TCE in the off-site compliance wells in 

2004. Nutting shut down the extraction 

wells in 2004 with the approval of the 

MPCA. 

Nutting prepared a Long-term 

Monitoring Plan in June 2004 that 

contained a two-tier monitoring plan for 

removing the groundwater treatment 

system. This document also contained 

criteria and contingency plans for 

restarting the groundwater treatment 

system. 

Nutting continued to monitor the 

groundwater until 2007. In 2007, MPCA 

determined that the cleanup standard 

for groundwater was met and 

maintained at the compliance wells and 

that no additional groundwater 

monitoring was required. Nutting sealed 

all extraction and monitoring wells with 

MPCA approval in 2008. MPCA 

terminated the 1987 Order and deleted 

the Site from its PLP in 2009. 

EPA reviewed the Site in 2010. EPA 

determined that no further action was 

necessary to protect public health or 

welfare or the environment at the Site. 

EPA issued a Record of Decision (ROD) 

in 2010 stating that all appropriate 

MERLA response actions, which 

parallel CERCLA response actions, were 

completed at the Site, and that longterm monitoring indicates that the soil 

and the groundwater at the Site do not 

pose a threat to public health or welfare 

or the environment. EPA’s ROD 

determined that because the actions 

taken at the Site removed the potential 

for risks to human health and the 

environment, these actions meet EPA 

clean-up standards, and no further 

action is required. EPA’s ROD also 

determined that Site conditions allow 

for unlimited use and unrestricted 

exposure. 

EPA reviewed the historical 

groundwater data from the Site in 2013 

when preparing to delete the Site from 

the NPL. During this review, EPA 

determined that the drinking water 

standard for TCE was, in fact, not being 

met throughout the plume. This 

standard would have to be achieved 

throughout the plume before the Site 

could be deleted from the NPL. EPA 

raised this issue with MPCA. 

MPCA contracted the Antea Group 

(Antea) to re-install two groundwater 

monitoring wells at the Site to address 

this issue. Antea re-installed nested 

groundwater monitoring well B4R in the 

glacial outwash/St. Peter Sandstone 

upper aquifer and W13R in the Prairie 

du Chien lower aquifer in 2014 to 

confirm that the MCL was attained in 

the on-Site plume. Antea sampled the 

groundwater during 15 sampling events 

from August 2014 to November 2016. 

Antea sampled lower aquifer well W13R 

during all 15 sampling events and upper 

aquifer well B4R during the first 11 

events under EPA direction. 

The analytical results from all 11 

sampling events from B4R showed TCE 

concentrations below the cleanup level 

of 5 ppb. The analytical results from the 

first seven W13R sampling events 

showed TCE levels below 10 ppb, with 

the final eight sampling events under 

the cleanup level of 5 ppb. Because the 

last eight consecutive groundwater 

sampling events at the Site show that 

the TCE cleanup level of 5 ppb is being 


asabaliauskas on DSKBBXCHB2PROD with RULES
44532 Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 

met throughout the plume, EPA’s 

requirements for Site closeout are 

achieved. No additional groundwater 

monitoring is required. 

MPCA tasked Antea to conduct 

additional sampling to assess whether 

there was any potential risk from soil 

vapor intrusion in 2015. Antea 

advanced five soil gas probes to depths 

of six to eight feet below ground surface 

around the northwest corner of the Site 

downgradient of the former disposal pit. 

The analytical results were below the 

screening values for all constituents on 

the Minnesota Soil Gas List and total 

hydrocarbons. These results indicate 

that the risk for vapor intrusion is 

minimal and that additional vapor 

intrusion actions are not necessary. 

Operation and Maintenance 

This Site does not require any 

operation and maintenance (O&M) 

activities. Site soil and groundwater 

meet all cleanup objectives and no 

further remedial action or O&M is 

required. The MPCA will permanently 

abandon the re-installed monitoring 

wells, which are no longer needed for 

the collection of groundwater data. 

Nutting executed an Environmental 

Covenant and Easement at the Site on 

October 28, 2008. The MPCA required 

this institutional control as part of the 

State delisting requirement from the 

State PLP. The covenant provides 

additional and enforceable protection of 

public health and the environment, as it 

provides that: (1) No wells can be 

installed on the property without the 

approval of the MPCA; (2) all 

monitoring and extraction wells have 

been properly abandoned as a condition 

of the Environmental Covenant; (3) the 

property owner is required to report to 

the MPCA on an annual basis that 

conditions at the Site remain consistent 

with land use prescribed in the zoning 

requirements; and (4) any proposed 

changes in land use require that MPCA 

be notified to determine if the changes 

will adversely affect the protectiveness 

of the completed remedy. It should be 

noted that this covenant is not required 

by EPA. 

Five Year Reviews 

MPCA conducted five-year reviews 

(FYRs) of the Site in 1994, 1998, 2003 

and 2008. MPCA conducted the last 

FYR of the Site in 2008. MPCA’s 2008 

FYR concluded that the remedial 

actions at the Site were protective of 

human health and the environment in 

the short-term, and that long-term 

protectiveness would be achieved when 

the groundwater cleanup standards 

were attained and the State-required 

institutional controls were in place. The 

Site-wide remedy protects human 

health and the environment because 

exposure pathways that could result in 

unacceptable risks have been controlled 

through the completed remedial 

activities. 

MPCA deleted the Site from the State 

PLP in 2009. EPA’s 2010 ROD 

determined that all appropriate MERLA 

response actions, which parallel 

CERCLA response actions, have been 

completed. Long-term monitoring 

indicates that the soil and groundwater 

at the Site do not pose a threat to public 

health or welfare or the environment. 

EPA’s 2010 ROD does not require 

subsequent FYRs since Site conditions 

allow for unlimited use and unrestricted 

exposure. EPA, MPCA, Antea and the 

Site property owner conducted a final 

inspection at the Site on November 15, 

2016. EPA completed a Final Close Out 

Report for the Site on April 11, 2017. 

Community Involvement 

EPA and MPCA satisfied public 

participation activities as required in 

CERCLA Section 113(k), 42 U.S.C. 

9613(k), and CERCLA Section 117, 42 

U.S.C. 9617. MPCA published 

notifications announcing the FYR and 

inviting the public to comment and 

express their concerns about the Site in 

the Faribault Daily News at the start of 

the 1994, 1998, 2003 and 2008 FYRs. 

EPA published a document about its 

proposed no further action plan for the 

Site, the 30-day public comment period, 

and the availability of a public meeting, 

if requested, in the Faribault Daily News 

in 2010. EPA mailed a proposed plan 

fact sheet with information about the 

Site and announcing a 30-day public 

comment period to the addresses on the 

Site mailing list prior to issuing its final 

decision in the 2010 ROD. EPA did not 

receive any comments during the public 

comment period or any requests for a 

public meeting. 

EPA published a document 

announcing this proposed Direct Final 

Deletion in the Faribault Daily News 

prior to publishing this deletion in the 

Federal Register. Documents in the 

deletion docket which EPA relied on for 

recommending the deletion of this Site 

from the NPL are available to the public 

in the information repositories and at 

https://www.regulations.gov. 

Determination That the Site Meets the 

Criteria for Deletion in the NCP 

This Site meets all of the site 

completion requirements as specified in 

Office of Solid Waste and Emergency 

Response (OSWER) Directive 9320.2–22, 

Close Out Procedures for National 

Priorities List Sites. All cleanup actions 

specified in the RAP have been 

implemented, and the Site has achieved 

the RAP cleanup objectives or has been 

cleaned up to acceptable risk levels for 

all media and exposure pathways as 

noted in the 2010 EPA ROD. The RAOs 

and associated clean-up goals are 

consistent with Agency policy and 

guidance. Confirmation groundwater 

sampling and soil vapor results provide 

further assurance that the Site no longer 

poses a threat to human health or the 

environment. Therefore, the EPA has 

determined that no further Superfund 

response is necessary at the Site to 

protect human health and the 

environment. 

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 Minnesota, has determined 

that all required response actions have 

been implemented and no further 

response action by the responsible 

parties is appropriate. 

V. Deletion Action 

EPA, with concurrence from the State 

of Minnesota through the MPCA, 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 

direct final deletion is effective 

November 24, 2017 unless EPA receives 

adverse comments by October 25, 2017. 

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, and Water supply. 

Dated: August 21, 2017. 

Robert A. Kaplan, 

Acting Regional Administrator, Region 5. 

For the reasons stated in the 

preamble, 40 CFR part 300 is amended 

as follows: 


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Federal Register / Vol. 82, No. 184 / Monday, September 25, 2017 / Rules and Regulations 44533 

PART 300—NATIONAL OIL AND 

HAZARDOUS SUBSTANCES 

POLLUTION CONTINGENCY PLAN 

■ 1. The authority citation for part 300 

continues to read as follows: 

Authority: 33 U.S.C. 1321(d); 42 U.S.C. 

9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 

2013 Comp., p. 306; 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 1 of Appendix B to part 300 

is amended by removing the entry 

‘‘MN’’, ‘‘Nutting Truck & Caster Co’’, 

‘‘Faribault’’. 

[FR Doc. 2017–20348 Filed 9–22–17; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 770 

[EPA–HQ–OPPT–2017–0244; FRL–9966–56] 

RIN 2070–AK35 

Compliance Date Extension; 

Formaldehyde Emission Standards for 

Composite Wood Products 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; compliance date 

extension. 

SUMMARY: EPA is extending the 

compliance dates for the formaldehyde 

emission standards for composite wood 

products final rule issued pursuant to 

the Toxic Substances Control Act 

(TSCA) Title VI, and published in the 

Federal Register on December 12, 2016. 

EPA is extending the December 12, 

2017, manufactured-by date for 

emission standards, recordkeeping, and 

labeling provisions until December 12, 

2018; extending the December 12, 2018 

compliance date for import certification 

provisions until March 22, 2019; and 

extending the December 12, 2023, 

compliance date for provisions 

applicable to producers of laminated 

products until March 22, 2024. 

Additionally, this final rule will extend 

the transitional period during which the 

California Air Resources Board (CARB) 

Third Party Certifiers (TPC) may certify 

composite wood products under TSCA 

Title VI without an accreditation issued 

by an EPA TSCA Title VI Accreditation 

Body, so long as the TPC remains 

approved by CARB, is recognized by 

EPA, and complies with all aspects of 

the December 12, 2016 final rule until 

March 22, 2019. EPA believes that 

extension of these compliance dates and 

the transitional period for CARB TPCs 

adds needed regulatory flexibility for 

regulated entities, reduces compliance 

burdens, and helps to prevent 

disruptions to supply chains while still 

ensuring that compliant composite 

wood products enter the supply chain 

in a timely manner. 

DATES: This final rule is effective on 

October 25, 2017. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPPT–2017–0244, is 

available at http://www.regulations.gov 

or at the Office of Pollution Prevention 

and Toxics Docket (OPPT Docket), 

Environmental Protection Agency 

Docket Center (EPA/DC), West William 

Jefferson Clinton Bldg., Rm. 3334, 1301 

Constitution Ave. NW., Washington, 

DC. The Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OPPT 

Docket is (202) 566–0280. Please review 

the visitor instructions and additional 

information about the docket available 

at http://www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

For technical information contact: 

Erik Winchester, National Program 

Chemicals Division, Office of Pollution 

Prevention and Toxics, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460–0001; 

telephone number: (202) 564–6450; 

email address: winchester.erik@epa.gov. 

For general information contact: The 

TSCA-Hotline, ABVI-Goodwill, 422 

South Clinton Ave., Rochester, NY 

14620; telephone number: (202) 554– 

1404; email address: TSCA-Hotline@

epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me? 

You may be affected by this final rule 

if you manufacture (including import), 

sell, supply, offer for sale, test, or work 

with the certification of hardwood 

plywood, medium-density fiberboard, 

particleboard, and/or products 

containing these composite wood 

materials in the United States. The 

following list of North American 

Industrial Classification System 

(NAICS) codes is not intended to be 

exhaustive, but rather provides a guide 

to help readers determine whether this 

document applies to them. Potentially 

affected entities may include: 

• Veneer, plywood, and engineered 

wood product manufacturing (NAICS 

code 3212). 

• Manufactured home (mobile home) 

manufacturing (NAICS code 321991). 

• Prefabricated wood building 

manufacturing (NAICS code 321992). 

• Furniture and related product 

manufacturing (NAICS code 337). 

• Furniture merchant wholesalers 

(NAICS code 42321). 

• Lumber, plywood, millwork, and 

wood panel merchant wholesalers 

(NAICS code 42331). 

• Other construction material 

merchant wholesalers (NAICS code 

423390), e.g., merchant wholesale 

distributors of manufactured homes 

(i.e., mobile homes) and/or 

prefabricated buildings. 

• Furniture stores (NAICS code 4421). 

• Building material and supplies 

dealers (NAICS code 4441). 

• Manufactured (mobile) home 

dealers (NAICS code 45393). 

• Motor home manufacturing (NAICS 

code 336213). 

• Travel trailer and camper 

manufacturing (NAICS code 336214). 

• Recreational vehicle (RV) dealers 

(NAICS code 441210). 

• Recreational vehicle merchant 

wholesalers (NAICS code 423110). 

• Engineering services (NAICS code 

541330). 

• Testing laboratories (NAICS code 

541380). 

• Administrative management and 

general management consulting services 

(NAICS code 541611). 

• All other professional, scientific, 

and technical services (NAICS code 

541990). 

• All other support services (NAICS 

code 561990). 

• Business associations (NAICS code 

813910). 

• Professional organizations (NAICS 

code 813920). 

If you have any questions regarding 

the applicability of this action, please 

consult the technical person listed 

under FOR FURTHER INFORMATION

CONTACT. 

II. Background 

A. What action is the agency taking? 

EPA shares the concerns raised by 

industry stakeholders regarding the time 

needed to comply with provisions of the 

formaldehyde emission standards for 

composite wood products final rule (81 

FR 89674, December 12, 2016) (FRL– 

9949–90), and, therefore, is extending 

several rule compliance dates. EPA also 

believes that CARB TPCs should be 

allotted the full two years granted by the 

December 12, 2016 final rule to operate 

under the transitional period as 

promulgated in § 770.7(d). 

1. Direct Final Rule and Notice of 

Proposed Rulemaking. Given that EPA 

extended the effective date of the TSCA 


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