[Federal Register Volume 84, Number 184 (Monday, September 23, 2019)]
[Rules and Regulations]
[Pages 49675-49676]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-20193]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; FRL-9999-95-Region 6]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the South Valley 
Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces 
the deletion of Operable Units 1, 2, and 5 of the South Valley 
Superfund Site (Site) located in Albuquerque, New Mexico, 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 partial deletion pertains to Operable Units 1, 2, and 5. Operable 
Units 3, 4, and 6 will remain on the NPL and are not being considered 
for deletion as part of this action. The EPA and the State of New 
Mexico, through the New Mexico Environment Department, have determined 
that all appropriate response actions under CERCLA, other than 
operation and maintenance and five-year reviews, have been completed. 
However, this partial deletion does not preclude future actions under 
Superfund.

DATES: This action is effective September 23, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-HQ-SFUND-1983-0002. 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 site information repositories. Locations, contacts, 
phone numbers and viewing hours are:

Zimmerman Library, Government Information Department University of New 
Mexico, Albuquerque NM 87131, 505.277.9100, Monday-Thursday--7 a.m.- 2 
a.m., Friday--7 a.m.-9 p.m., Saturday--10 a.m.-6 p.m., Sunday--12 p.m.-
2 a.m.
New Mexico Environment Department, Harold Runnels Building, 1190 St. 
Francis Drive, Santa Fe, NM 87505, 505.827.2855, Monday-Friday 8 a.m.-5 
p.m.

FOR FURTHER INFORMATION CONTACT: Michael A. Hebert, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 6, Mailcode--
SEDRL, 1201 Elm Street, Dallas, Texas 75270-2102, 214-665-8315, email: 
hebert.michael@epa.gov.

SUPPLEMENTARY INFORMATION: The portion of the site to be deleted from 
the NPL is: Operable Units 1, 2, and 5 of the South Valley Superfund 
Site, Albuquerque, New Mexico. A Notice of Intent for Partial Deletion 
for this Site was published in the Federal Register (83 FR 36838) on 
July 31, 2018.
    The closing date for comments on the Notice of Intent for Partial 
Deletion was August 30, 2018. Based upon comments, the EPA conducted an 
informational meeting on December 11, 2018, in Albuquerque, New Mexico, 
to provide information to the public concerning the proposed partial 
deletion. Subsequently, the EPA reopened the public comment period 
published in the Federal Register (84 FR 33721) on July 15, 2019. The 
closing date for comments from the reopened comment period was August 
14, 2019. All comments received since the July 31, 2018, Notice of 
Intent for Partial Deletion were considered by the EPA. Thirty-four 
comments, generally addressing the partial deletion process, were 
received during two public comment periods. The comments did not 
contain information indicating that the response actions for Operable 
Units 1, 2, and 5 did not meet the Site remedy decision requirements, 
or that these portions of the Site do not otherwise satisfy EPA 
criteria for partial deletion (included in Section 300.425(e) of the 
NCP and consistent with the Notice of Policy Change: Partial Deletion 
of Sites Listed on the NPL, 60 FR 55466 (Nov. 1, 1995)). Therefore, the 
EPA has determined that Operable Units 1, 2, and 5, will be deleted 
from the National Priorities List. A responsiveness summary was 
prepared and placed in both the docket, EPA-HQ-SFUND-1983-0002, on 
www.regulations.gov, and in the local repositories listed above.
    EPA maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. 
Deletion of a site 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 portions 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 waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: September 10, 2019.
 Ken McQueen,
Regional Administrator, Region 6.

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

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

0
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.


0
2. Table 1 of appendix B to part 300 is amended by revising the entry 
for ``NM, South Valley'' to read as follows:

Appendix B to Part 300--National Priorities List

[[Page 49676]]



                                       Table 1--General Superfund Section
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                State                        Site name               City/county                Notes \a\
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                                                  * * * * * * *
NM..................................  South Valley...........  Albuquerque............  P
 
                                                  * * * * * * *
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\a\ Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be greater than or equal to 28.50).
 * * * * * * *
P = Sites with partial deletion(s).



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[FR Doc. 2019-20193 Filed 9-20-19; 8:45 am]
 BILLING CODE 6560-50-P


