[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Proposed Rules]
[Pages 74306-74309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25622]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002; EPA-HQ-SFUND-1986-0005; EPA-HQ-SFUND-1990-
0010; FRL-10016-73-OLEM]
Proposed Deletions From the National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of intent.
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SUMMARY: The Environmental Protection Agency (EPA) is issuing a Notice
of Intent to partially delete four sites from the National Priorities
List (NPL) and requests public comments on this
[[Page 74307]]
proposed action. 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). The EPA and the
states, through their designated state agencies, have determined that
all appropriate response actions under CERCLA, other than operation and
maintenance, monitoring, and five-year reviews, where applicable, have
been completed. However, this deletion does not preclude future actions
under Superfund.
The sites proposed for partial deletion, their location and media
or areas proposed for deletion from the NPL are specified in Table 1
and Table 2 in the Supplementary Information section of this document.
The remaining media or areas of the sites will remain on the NPL and
are not being considered for deletion as part of this action.
DATES: Comments regarding this proposed listing must be submitted on or
before December 21, 2020.
ADDRESSES: EPA has established a docket for this action under the
Docket Identification number included in Table 1 in the Supplementary
Information section of this document. Submit your comments, identified
by the appropriate Docket ID number, by one of the following methods:
https://www.regulations.gov. Follow on-line instructions
for submitting comments. 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 http://www2.epa.gov/dockets/commenting-epa-dockets.
Email: Table 2 in the Supplementary Information section of
this document provides an email address to submit public comments for
each proposed deletion action.
Instructions: Direct your comments to the Docket Identification
number included in Table 1 in the Supplementary Information section of
this document. EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at https://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 https://www.regulations.gov or email. The https://www.regulations.gov website
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 https://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: EPA has established a docket for this action under the
Docket Identification included in Table 1 in the Supplementary
Information section of this document. All documents in the docket are
listed on the https://www.regulations.gov website. 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 https://www.regulations.gov or
in hard copy at the corresponding Regional Records Centers. Locations,
addresses, and phone numbers-of the Regional Records Centers follow.
Regional Records Centers
Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1650
Arch Street, Mail code 3HS12, Philadelphia, PA 19103; 215/814-3355.
Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund
Division Librarian/SFD Records Manager SRC-7J, Metcalfe Federal
Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/886-4465.
Region 7 (IA, KS, MO, NE), U.S. EPA, 11201 Renner Blvd.,
Mail code SUPRSTAR, Lenexa, KS 66219; 913/551-7956.
Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S. EPA, 75
Hawthorne Street, Mail code SFD 6-1, San Francisco, CA 94105; 415/972-
3160.
The EPA is temporarily suspending Regional Records Centers for
public visitors to reduce the risk of transmitting COVID-19.
Information in these repositories, including the deletion docket, has
not been updated with hardcopy or electronic media. For further
information and updates on EPA Docket Center services, please visit us
online at https://www.epa.gov/dockets. The EPA continues to carefully
and continuously monitor information from the Centers for Disease
Control and Prevention (CDC), local area health departments, and our
Federal partners so that we can respond rapidly as conditions change
regarding COVID.
FOR FURTHER INFORMATION CONTACT:
Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV),
hass.andrew@epa.gov, 215/814-2049
Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH, WI),
cibulskis.karen@epa.gov, 312/886-1843
David Wennerstrom, U.S. EPA Region 7 (IA, KS, MO, NE),
wennerstrom.david@epa.gov, 913/551-7996
Eric Canteenwala, U.S. EPA Region 9 (AZ, CA, HI, NV, AS, GU,
MP), Canteenwala.eric@epa.gov, 415/972-3932
Chuck Sands, U.S. EPA Headquarters, sands.charles@epa.gov,
703/603-8857
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion
I. Introduction
EPA is issuing a Notice of Intent to partially delete four sites
from the National Priorities List (NPL) and requests public comments on
this proposed action. The NPL constitutes
[[Page 74308]]
Appendix B of 40 CFR part 300 which is the NCP, which EPA created under
section 105 of the CERCLA statute of 1980, as amended. EPA maintains
the NPL as those 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). These partial deletions are 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 (Nov. 1, 1995). As described in 300.425(e)(3) of the
NCP, a portion of a site deleted from the NPL remains eligible for
Fund-financed remedial action if future conditions warrant such
actions.
EPA will accept comments on the proposal to partially delete this
site for thirty (30) days after publication of this document in the
Federal Register.
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 portion of each site proposed
for deletion and demonstrates how it meets the deletion criteria,
including reference documents with the rationale and data principally
relied upon by the EPA to determine that the Superfund response is
complete.
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.
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 the partial deletion of each of
the four sites in this proposed rule:
(1) EPA consulted with the respective state before developing this
Notice of Intent for partial deletion.
(2) EPA has provided the state 30 working days for review of this
proposed action prior to publication of it today.
(3) In accordance with the criteria discussed above, EPA has
determined that no further response is appropriate.
(4) The states, through their designated state agencies, have
concurred with the proposed partial deletion action.
(5) Concurrently, with the publication of this Notice of Intent for
partial deletion in the Federal Register, a notice is being published
in a major local newspaper of general circulation near each of the four
sites. The newspaper announces the 30-day public comment period
concerning the Notice of Intent for partial deletion.
(6) The EPA placed copies of documents supporting the proposed
partial deletion in the deletion dockets, made these items available
for public inspection, and copying at the Regional Records Centers
identified above.
If comments are received within the 30-day comment period on this
document, EPA will evaluate and respond accordingly to the comments
before making a final decision to partially delete each site. If
necessary, EPA will prepare a Responsiveness Summary to address any
significant public comments received. After the public comment period,
if EPA determines it is still appropriate to partially delete the site,
the EPA will publish a final Notice of Partial Deletion in the Federal
Register. Public notices, public submissions and copies of the
Responsiveness Summary, if prepared, will be made available to
interested parties and included in the site information repositories
listed above.
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 Partial Site Deletion
The sites to be partially deleted from the NPL, the location of the
site, and docket number with information including reference documents
with the rationale and data principally relied upon by the EPA to
determine that the Superfund response is complete are specified in
Table 1. The NCP permits activities to occur at a deleted site or that
media or parcel of a partially deleted site, including operation and
maintenance of the remedy, monitoring, and five-year reviews. These
activities for the site are entered in Table 1, if applicable, under
Footnote such that; 1 = site has continued operation and maintenance of
the remedy, 2 = site receives continued monitoring, and 3 = site five-
year reviews are conducted.
Table 1
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City/county,
Site name state Type Docket No. Footnote
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Fort Ord...................... Marina, CA....... Partial............... EPA-HQ-SFUND-199 1, 2, 3.
0-0010.
Lake Sandy Jo (M&M Landfill).. Gary, IN......... Partial............... EPA-HQ-SFUND-198 1, 2, 3.
3-0002.
Midwest Manufacturing/North Kellogg, IA...... Partial............... EPA-HQ-SFUND-198 1, 3.
Farm. 6-0005.
Palmerton Zinc Pile........... Palmerton, PA.... Partial............... EPA-HQ-SFUND-198 ...................
3-0002.
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Table 2 includes a description of the area, media or Operable Units
(OUs) of the NPL site proposed for partial deletion from the NPL, and
an email address to which public comments may be submitted if the
commenter does not comment using https://www.regulations.gov.
Table 2
____________________________________
Email address
Site name Media/parcels for for public
partial deletion comments
____________________________________
Fort Ord...................... Soil media of [email protected]
approximately 11,961 .gov.
acres.
Lake Sandy Jo (M&M Landfill).. Soil media of Landfill [email protected]
Property and onmicrosoft.com
identified adjacent .
parcels of OU1 land.
Midwest Manufacturing/North OU 1 North Farm....... wennerstrom.davi
Farm. [email protected]
Palmerton Zinc Pile........... 117 parcels in OU3.... hass.andrew@epa.gov.
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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 substances, Hazardous waste, Intergovernmental relations,
Natural resources, Oil pollution, Penalties, Reporting and
recordkeeping requirements, Superfund, Water pollution control, Water
supply.
Authority: 33 U.S.C. 1251 et seq.; 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.
Dated: November 6, 2020.
Dana Stalcup,
Acting Office Director, Office of Superfund Remediation and Technology
Innovation.
[FR Doc. 2020-25622 Filed 11-19-20; 8:45 am]
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