[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 10864-10867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03148]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-OLEM-2021-0486; EPA-HQ-OLEM-2022-0828; EPA-HQ-OLEM-2022-0854; 
EPA-HQ-OLEM-2022-0947; EPA-HQ-OLEM-2022-0948; EPA-HQ-OLEM-2022-0949; 
EPA-HQ-OLEM-2022-0964; EPA-HQ-OLEM-2022-0965; EPA-HQ-OLEM-2022-0966; 
EPA-HQ-OLEM-2022-0968; EPA-HQ-SFUND-2023-0021; FRL-10633-01-OLEM]


Proposed Deletion From the National Priorities List

AGENCY: Environmental Protection Agency (EPA).

[[Page 10865]]


ACTION: Proposed rule; notice of intent.

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SUMMARY: The Environmental Protection Agency (EPA) is issuing a Notice 
of Intent to delete three sites and partially delete eight sites from 
the National Priorities List (NPL) and requests public comments on this 
proposed action. The NPL, promulgated pursuant to 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 agency, have determined that all 
appropriate response actions under CERCLA have been completed. However, 
this deletion does not preclude future actions under Superfund.

DATES: Comments regarding this proposed action must be submitted on or 
before March 24, 2023.

ADDRESSES: EPA has established a docket for this action under the 
Docket Identification numbers 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.
    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. The Final Close-Out 
Report (FCOR, for a full site deletion) or the Partial Deletion 
Justification (PDJ, for a partial site deletion) is the primary 
document which summarizes site information to support the deletion. It 
is typically written for a broad, non-technical audience and this 
document is included in the deletion docket for each of the sites in 
this rulemaking. 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. Docket materials 
are available through https://www.regulations.gov or at the 
corresponding Regional Records Center. Location, address, and phone 
number of the Regional Records Centers follows.
    Regional Records Center:
     Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New 
York, NY 10007- 1866; 212/637-4308.
     Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1600 
John F. Kennedy Boulevard, Mail code 3MD50, Philadelphia, PA 19103; 
215/814-5382.
     Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61 
Forsyth Street, SW, Mail code 9T25, Atlanta, GA 30303.
     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, ILFedera 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.
     EPA Headquarters Docket Center Reading Room (deletion 
dockets for all states), William Jefferson Clinton (WJC) West Building, 
Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004, 202/566-
1744.
    EPA staff listed below in the FOR FURTHER INFORMATION CONTACT 
section may assist the public in answering inquiries about deleted 
sites and accessing deletion support documentation, determining whether 
there are additional physical deletion dockets available, or if COVID 
restrictions affect deletion docket access.
    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: 
     Mabel Garcia, U.S. EPA Region 2 (NJ, NY, PR, VI), 
[email protected], 212/637-4356.
     Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV), 
[email protected], 215/814-2049.
     Leigh Lattimore, U.S. EPA Region 4 (AL, FL, GA, KY, MS, 
NC, SC, TN), [email protected], 404/562-8768.
     Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH, 
WI), [email protected], 312/886-1843.
     Maria Morey, U.S. EPA Region 7 (IA, KS, MO, NE), 
[email protected], 913/551-7079.

[[Page 10866]]

     Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY), 
[email protected], 303/312-6689.
     Charles Sands, U.S. EPA Headquarters, 
[email protected], 202/566-1142.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Full Site or Partial Site Deletion

I. Introduction

    EPA is issuing a proposed rule to delete three sites and partially 
delete eight 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 it 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 
proposed action 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.

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.

[[Page 10867]]



                                                     Table 1
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            Site name             City/county, state         Type             Docket No.           Footnote
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Haviland complex................  Town of Hyde Park,  Full..............  EPA-HQ-OLEM-2022-0  ..................
                                   NY.                                     968.
Smithtown Ground Water            Smithtown, NY.....  Full..............  EPA-HQ-OLEM-2022-0  ..................
 Contamination.                                                            964.
Jackson Ceramix.................  Falls Creek, PA...  Partial...........  EPA-HQ-OLEM-2022-0  ..................
                                                                           854.
Fort Hartford Coal Co. Stone      Olaton, KY........  Full..............  EPA-HQ-OLEM-2022-0  1, 2, 3
 Quarry.                                                                   948.
Marine Corps Logistics Base.....  Albany, GA........  Partial...........  EPA-HQ-OLEM-2021-0  ..................
                                                                           486.
Redstone Arsenal (USARMY/NASA)..  Huntsville, AL....  Partial...........  EPA-HQ-OLEM-2022-0  1, 3
                                                                           949.
Tyndall Air Force Base..........  Panama City, FL...  Partial...........  EPA-HQ-OLEM-2022-0  ..................
                                                                           947.
Aircraft Components (D & L        Benton Harbor, MI.  Partial...........  EPA-HQ-OLEM-2022-0  ..................
 Sales).                                                                   828.
Omaha Lead......................  Omaha, NE.........  Partial...........  EPA-HQ-SFUND-2023-  1, 3
                                                                           0021.
Anaconda Co. Smelter............  Anaconda, MT......  Partial...........  EPA-HQ-OLEM-2022-0  1, 3
                                                                           965.
Eagle Mine......................  Minturn/Redcliff,   Partial...........  EPA-HQ-OLEM-2022-0  1, 3
                                   CO.                                     966.
----------------------------------------------------------------------------------------------------------------

    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
------------------------------------------------------------------------
Haviland Complex................  Full..............  [email protected].
Smithtown Ground Water            Full..............  [email protected]
 Contamination.                                        gov.
Jackson Ceramix.................  Soils and           [email protected]
                                   unsaturated         epa.gov.
                                   subsurface vadose
                                   zones from OU 1
                                   Baseball Field.
Fort Hartford Coal Co. Stone      Full..............  [email protected]
 Quarry.                                               ov.
Marine Corps Logistics Base.....  OU 3 Soils........  [email protected].
Redstone Arsenal (USARMY/NASA)..  Soils and pipeline  [email protected]
                                   sediments from OU-  ov.
                                   26.
Tyndall Air Force Base..........  13 specified        [email protected]
                                   operable units.     ov.
Aircraft Components (D & L        OU 1 radiological   [email protected]
 Sales).                           cleanup.            a.gov.
Omaha Lead......................  13 residential      [email protected]
                                   properties.         v.
Anaconda Co. Smelter............  OU 15 Mill Creek..  [email protected].
Eagle Mine......................  5.31 acres of       [email protected]
                                   soils in the OU 3   v.
                                   North Property
                                   Redevelopment--Tr
                                   estle Area.
------------------------------------------------------------------------

    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.

Larry Douchand,
Office Director, Office of Superfund Remediation and Technology 
Innovation.
[FR Doc. 2023-03148 Filed 2-21-23; 8:45 am]
BILLING CODE 6560-50-P


