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Federal Register Notice

55751 - 55752 Federal Register / Vol. 61, No. 210 / Tuesday, October 29, 1996 / Rules and Regulations

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300
[FRL-5640-1]

National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List

AGENCY: Environmental Protection Agency.
ACTION:  Notice of partial deletion of the Com Bay, near Shore/Tide Flats Superfund Site from the National Priorities List.

SUMMARY:

The Environmental Protection Agency (EPA) Region 10 announces the deletion of portions of the Com Bay, Near Shore/Tide Flats (CB/NT) Superfund Site, located in Tacoma, Pierce County from the National Priorities List (NPL). The NPL constitutes Appendix B of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP), 40 CFR part 300, which EPA promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). EPA, in consultation with the State of Washington Department of Ecology and the Puyallup Tribe of Indians, has determined that the deleted portions of the site pose no significant threat to public health or the environment and, therefore, further remedial measures pursuant to CERCLA are not necessary.

EFFECTIVE DATE:

October 29, 1996.

FOR FURTHER INFORMATION CONTACT:

Ms. Allison Hiltner
Remedial Project Manager
U.S. EPA, Region 10 (ECL-116)
1200 Sixth Avenue
Seattle, Washington 98101
(206) 553-2140

SUPPLEMENTARY INFORMATION:

The site to be partially deleted from the NPL is: Com Bay, Near Shore/Tide Flats Site, located in Tacoma (Pierce County), Washington.

This partial deletion pertains only to the sediments contained in and upland properties draining only to the St. Paul or Blair Waterways, and to four properties which were transferred to the Puyallup Tribe of Indians under the Puyallup Land Settlement Act of 1989 ("Puyallup Land Settlement Properties"). The four deleted Puyallup Land Settlement Properties are the: Taylor Way Property, the East-West Road Property, the Blair Waterway Property, and the portion of the Blair Backup Property that drains only to the Blair Waterway. A map showing the deleted areas is provided in the Notice of Intent for Partial Deletion, 61 FR 44269 (August 28, 1996).

This Partial Deletion is in accordance with 40 CFR 300.425(e) and the Notice of Policy Change: Partial Deletion of Sites Listed on the National Priorities List, 60 FR 55466 (Nov. 1, 1995). A Notice of Intent for Partial Deletion was published on August 28, 1996 (61 FR 44269). The closing date for comments on the Notice of Intent for Partial Deletion was September 27, 1996. EPA received two comment letters, both of which supported the partial deletion.

EPA identifies sites which appear to present a significant risk to public health, welfare, or the environment and it maintains the NPL as the list of these sites. Sites on the NPL may be the subject of Hazardous Substances Response Trust Fund-financed remedial actions. Any site, or portion of a site, deleted from the NPL remains eligible for Fund-financed remedial actions in the unlikely event that conditions at the site warrant such action. Section 300.425 of the NCP states that Fund-financed actions may be taken at sites deleted from the NPL. Deletion of a site from the NPL does not affect responsible party liability or impede Agency efforts to recover costs associated with response efforts.

List of Subjects in 40 CFR Part 300

Environmental protection, Chemicals, Hazardous waste, Intergovernmental relations, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control.

Dated: October 16, 1996.

Approved by:
Jane S. Moore,
Acting Regional Administrator, U.S. Environmental Protection Agency, Region 10.

For the reasons set out in the preamble, 40 CFR part 300 is amended as follows:

PART 300--[AMENDED]

1. The authority citation for part 300 continues to read as follows:

Authority: 33 U.S.C 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193.

Appendix B--[Amended]

2. Table 1 of Appendix B to part 300 is amended by revising the heading for the table; the heading for the 4th column; the first note at the end of the table; and the entry for Com Bay, Near Shore/Tide Flats, Pierce County, Washington and by adding the heading "Notes" at the end of the table before the first note and a new note P to read as follows:

Table 1.--GENERAL SUPERFUND SECTION
State Site name City/county Notes
WA Com Bay, Near Shore/Tide Flats Pierce County P.
A=Based on issuance of a health advisor by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be > 28.50).
P=Sites with partial deletion(s).

3. Table 2 of Appendix B to part 300 is amended by revising the table heading, the first note at the end of the table and by revising the heading in the 4th column to read "Notes" and by adding the heading "Notes" at the end of the table before the first note and a new note P to read as follows:

Table 2.--FEDERAL FACILITIES SECTION
A=Based on issuance of a health advisor by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be > 28.50).
P=Sites with partial deletion(s).

[FR Doc. 96-27480 Filed 10-28-96; 8:45 am]

BILLING CODE 6560-50-P

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