[Federal Register Volume 87, Number 62 (Thursday, March 31, 2022)]
[Proposed Rules]
[Pages 18761-18763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-06774]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0010, EPA-HQ-1994-0001; EPA-HQ-SFUND-2002-0008, EPA-
HQ-SFUND-2003-0010, EPA-HQ-OLEM-2021-0797, EPA-HQ-OLEM-2021-0798, EPA-
HQ-OLEM-2021-0815; EPA-HQ-OLEM-2021-0922, EPA-HQ-OLEM-2021-0934, EPA-
HQ-OLEM-2021-0935, EPA-HQ-OLEM-2022-0111; FRL-9172-02-OLEM]


Proposed Deletion From the National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule and withdrawal of proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is withdrawing the 
proposed rule published in the Federal Register on March 22, 2022 (87 
FR 16135) due to typographical errors. EPA is reissuing a Notice of 
Intent to delete four sites and partially delete six sites from the 
National Priorities List (NPL) and requests public comments on this 
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 
state, through its designated state agency, have determined that all 
appropriate response actions under CERCLA, other than operations and 
maintenance of the remedy, monitoring and five-year reviews, where 
applicable, have been completed. However, this deletion does not 
preclude future actions under Superfund.

DATES: The proposed action published on March 22, 2022 (87 FR 16135) is 
hereby withdrawn, effective March 31, 2022. Comments regarding this new 
proposed action must be submitted on or before May 2, 2022.

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 
the 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. Public comments received on the proposed rule 
published March 22, 2022 (87 FR 16135) will be considered in response 
to this proposed rule and do not need to be resubmitted.
    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 Center. Location, 
address, and phone number of the Regional Records Centers follows.
    Regional Records Center:
     Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA New England, 
EMS Records and Information Center, 5 Post Office Square, Suite 100, 
Boston, MA 02109-3912; 617/918-1440.
     Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1650 
Arch Street, Mail code 3MD13, Philadelphia, PA 19103; 215/814-3024.
     Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61 
Forsyth Street SW, Mail code 9T25, Atlanta, GA 30303; 404/562-8637.
     Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund 
Division Records Manager, Mail code SRC-7J, Metcalfe Federal Building, 
7th Floor South, 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 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop 
Street, Mail code Records Center, Denver, CO 80202-1129; 303/312-7273.

[[Page 18762]]

    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: 
     Robert Lim, U.S. EPA Region 1 (CT, ME, MA, NH, RI, VT), 
U.S. EPA, [email protected], 617/918-1392.
     Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV), 
[email protected], 215/814-2049.
     Leigh Lattimore or Brian Farrier, U.S. EPA Region 4 (AL, 
FL, GA, KY, MS, NC, SC, TN), [email protected] or 
[email protected], 404/562-8768 or 404/562-8952.
     Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH, 
WI), [email protected], 312/886-1843.
     David Wennerstrom, U.S. EPA Region 7 (IA, KS, MO, NE), 
[email protected], 913/551-7996.
     Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY), 
[email protected], 303/312-6689.
     Chuck Sands, U.S. EPA Headquarters, [email protected].

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 withdrawing the proposed rule published in the Federal 
Register on March 22, 2022 (87 FR 16135) due to typographical errors. 
EPA is reissuing a Notice of Intent to delete four sites and partially 
delete six sites from the National Priorities List (NPL) and requests 
public comments on this proposed action.
    The NPL constitutes 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, (November 1, 1995). As described 
in 40 CFR 300.425(e)(3) of the NCP, a site or 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 delete or partially 
delete these sites 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 of this document discusses procedures 
that EPA is using for this action. Section IV of this document 
discusses the site or portion of the 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 deletion or partial deletion 
of the sites in this proposed rule:

    (1) EPA consulted with the respective state before developing 
this Notice of Intent for deletion.
    (2) EPA has provided the state 30 working days for review of 
site deletion documents prior to publication of this Notice of 
Intent to Delete today.
    (3) In accordance with the criteria discussed above, EPA has 
determined that no further response is appropriate.
    (4) The state, through their designated state agency, has 
concurred with the proposed deletion action.
    (5) Concurrently, with the publication of this Notice of Intent 
for deletion in the Federal Register, a notice is being published in 
a major local newspaper of general circulation near the site. The 
newspaper announces the 30-day public comment period concerning the 
Notice of Intent for deletion.
    (6) The EPA placed copies of documents supporting the proposed 
deletion in the deletion docket, made these items available for 
public inspection, and copying at the Regional Records Center 
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 delete or partially delete the 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 delete or partially delete 
the site, the EPA will publish a final Notice of Deletion or 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 site or a portion of a site from the NPL does not 
itself create, alter, or revoke any individual's rights or obligations. 
Deletion of a site or 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.

[[Page 18763]]

IV. Basis for Full Site or Partial Site Deletion

    The site to be deleted or 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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            Site name               City/county, state         Type             Docket No.          Footnote
----------------------------------------------------------------------------------------------------------------
McKin Co.........................  Gray, ME............  Full............  EPA-HQ-OLEM-2021-09  1, 2, 3.
                                                                            22.
Tybouts Corner Landfill..........  New Castle County,    Partial.........  EPA-HQ-OLEM-2021-07  1, 3.
                                    DE.                                     97.
C&R Battery Co., Inc.............  Chesterfield County,  Full............  EPA-HQ-OLEM-2021-07  1, 3.
                                    VA.                                     98.
Chem-Solv, Inc...................  Cheswold, DE........  Full............  EPA-HQ-OLEM-2021-09  1, 3.
                                                                            34.
Koppers Co., Inc (Charleston       Charleston, SC......  Partial.........  EPA-HQ-SFUND-1994-0  1, 3.
 Plant).                                                                    001.
Brantley Landfill................  Island, KY..........  Full............  EPA-HQ-OLEM-2022-01  1, 2, 3.
                                                                            11.
Summit National..................  Deerfield Township,   Partial.........  EPA-HQ-OLEM-2021-08  1, 3.
                                    OH.                                     15.
Himco Dump.......................  Elkhart, IN.........  Partial.........  EPA-HQ-SFUND-1990-0  1, 3.
                                                                            010.
Omaha Lead.......................  Omaha, NE...........  Partial.........  EPA-HQ-SFUND-2003-0  1, 3.
                                                                            010.
Libby Asbestos...................  Libby, MT...........  Partial.........  EPA-HQ-SFUND-2002-0  1, 3.
                                                                            008.
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    Table 2 includes information concerning whether the full site is 
proposed for deletion from the NPL or 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
------------------------------------------------------------------------
                                  Full site deletion
                                   (full) or media/
            Site name                  parcels/       E-mail address for
                                   description  for    public  comments
                                   partial deletion
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McKin Co........................  Full..............  [email protected].
Tybouts Corner Landfill.........  2 parcels soil and  hinkle.christopher
                                   groundwater,        @epa.gov.
                                   approx. 78 acres.
C&R Battery Co., Inc............  Full..............  [email protected].
Chem-Solv, Inc..................  Full..............  [email protected].
Koppers Co., Inc (Charleston      98 acres of soils,  [email protected]
 Plant).                           sediments, and      ov.
                                   tidal marsh.
Brantley Landfill...............  Full..............  [email protected].
Summit National.................  Land/soil portion   [email protected]
                                   of landfill,        microsoft.com.
                                   adjacent removal
                                   areas, and 45
                                   downgradient
                                   parcels.
Himco Dump......................  11.5-acre land/     [email protected]
                                   soil portion of     microsoft.com.
                                   the site plus
                                   adjacent soils.
Omaha Lead......................  19 residential      [email protected]
                                   parcels.            epa.gov.
Libby Asbestos..................  OU6 including 42    [email protected]
                                   miles of railroad   ov.
                                   right-of-way
                                   between and in
                                   the towns of
                                   Libby and Troy,
                                   MT.
------------------------------------------------------------------------

    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: March 25, 2022.
Larry Douchand,
Office Director, Office of Superfund Remediation and Technology 
Innovation.
[FR Doc. 2022-06774 Filed 3-30-22; 8:45 am]
BILLING CODE 6560-50-P


