[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Rules and Regulations]
[Pages 26419-26422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10133]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; EPA-HQ-SFUND-1989-0008; EPA-HQ-SFUND-1986-
0005; EPA-HQ-SFUND-1990-0010; FRL-10023-78-OLEM]


Deletions From the National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) announces the 
partial deletion of five sites from the Superfund National Priorities 
List (NPL). The NPL, created under 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.

DATES: The document is effective on May 14, 2021.

ADDRESSES: 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 Superfund 
Records Center, 1650 Arch Street, Mail code 3SD42, Philadelphia, PA 
19103; 215/814-3024.
     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 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, may 
not be 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 1 includes the portions of the site 
(media and areas) to be partially deleted from the NPL.

[[Page 26420]]



                                                     Table 1
----------------------------------------------------------------------------------------------------------------
                                                                                                Docket No.  EPA-
              Site name                    City/county, state       Media/parcels for partial   HQ-SFUND-  year-
                                                                             deletion               docket ID
----------------------------------------------------------------------------------------------------------------
Palmerton Zinc Pile.................  Palmerton, PA..............  117 parcels in OU3.........         1983-0002
North Penn--Area 6..................  Lansdale, PA...............  1.66-acres soil and                 1989-0008
                                                                    groundwater of the Second
                                                                    Administrative Parcel, 135
                                                                    East Hancock Street.
Lake Sandy Jo (M&M Landfill)........  Gary, IN...................  Soil media of Landfill              1983-0002
                                                                    Property and identified
                                                                    adjacent parcels of OU1
                                                                    land.
Midwest Manufacturing/North Farm....  Kellogg, IA................  OU 1 North Farm............         1986-0005
Fort Ord............................  Marina, CA.................  Soil media of approximately         1990-0010
                                                                    11,934 acres\1\.
----------------------------------------------------------------------------------------------------------------
Footnote 1 for Table 1: The acreage of the partial deletion for the Fort Ord Superfund site was incorrectly
  reported in the proposed rule as 11,961-acres due to an administrative error. The correct acreage is 11,934-
  acres. The names and descriptions of all parcels identified for partial deletion were correct and remain
  unchanged.

    The sites to be partially deleted from the NPL, information 
concerning the proposed rule for the partial deletion including 
reference documents with the rationale and data principally relied upon 
by the EPA to determine that the Superfund response is complete, public 
comment and Responsiveness Summary (RS) (if applicable) are included in 
Table 2.

                                                                         Table 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                   Date, proposed
            Site name                   rule              FR citation               Public comment                   RS                   Footnote
--------------------------------------------------------------------------------------------------------------------------------------------------------
Palmerton Zinc Pile..............      11/20/2020  85 FR 74306..............  No.......................  No.......................  ....................
North Penn--Area 6...............      12/30/2020  85 FR 86525..............  Yes......................  Yes......................  1, 2, 3
Lake Sandy Jo (M&M Landfill).....      11/20/2020  85 FR 74306..............  Yes......................  Yes......................  1, 2, 3
Midwest Manufacturing/North Farm.      11/20/2020  85 FR 74306..............  No.......................  No.......................  1, 3
Fort Ord.........................      11/20/2020  85 FR 74306..............  Yes......................  Yes......................  1, 2, 3
--------------------------------------------------------------------------------------------------------------------------------------------------------

    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 2 above, 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. All other Superfund site 
areas and media will remain on the NPL and are not being considered for 
deletion as part of this action.
    The EPA received comments on three of the sites included for 
partial deletion in this final rule. EPA did not receive adverse 
comments on the Palmerton Zinc Pile and Midwest Manufacturing/North 
Farm sites, therefore EPA will proceed with the partial deletions. For 
the North Penn--Area 6 site, the closing date for comments on the 
Notice of Intent to Delete was January 29, 2021. Three public comments 
were received. One comment supported the proposed deletion. One comment 
was not related to the proposed rulemaking partially deleting the site 
from the NPL. The third commentor questioned EPA's technical rationale 
for the proposed partial deletion. EPA has determined that all 
appropriate Fund-financed responses under CERCLA have been implemented 
at the 1.66-acre portion of the approximately 650-acre North Penn--Area 
6 site proposed for deletion, and this forms the basis for deciding 
that the Second Administrative Parcel is eligible for deletion. 
Response actions continue for other portions of the site which remain 
on the NPL. Further details of the technical basis for partial deletion 
are provided within documents in the docket. EPA reviewed soil and 
groundwater data, which indicate that soil and groundwater 
contamination levels do not warrant further response actions within the 
Second Administrative Parcel. Remedial Action completion reports for 
soils (Operable Unit 1) and groundwater (Operable Unit 3) are both 
included in the deletion docket. EPA still believes the deletion action 
is appropriate. A responsiveness summary was prepared and placed in the 
docket, EPA-HQ-SFUND-1989-0008, on https://www.regulations.gov, and in 
the Regional repository listed in the ADDRESSES section.
    For the Lake Sandy Jo (M&M Landfill) site, the closing date for 
comments on the Notice of Intent to Delete was December 21, 2020. Three 
public comments were received. Two residents living near the site 
submitted comments. A third comment from Regulations.gov included 
general comments on the content and wording of EPA's November 20, 2020 
Federal Register notice. The two residents commented on multiple issues 
and expressed community concerns that the site was still contaminated, 
and EPA was proposing to delete the site to eliminate EPA 
responsibility. EPA contacted the residents, provided additional 
information, and conducted a virtual meeting to further explain the 
proposed partial deletion of the land/soil portion of the Landfill 
Property and identified adjacent parcels. Continued response actions 
will occur at portions of the site which remain on the NPL. EPA has 
determined that it is appropriate to proceed with the deletion because 
all response actions at the portion of the Lake Sandy Jo site proposed 
for deletion are complete and the criteria for deletion have been met. 
A responsiveness summary was prepared and placed in the docket, EPA-HQ-
SFUND-1983-0002, on https://www.regulations.gov, and in the Regional 
repository listed in the ADDRESSES section.

[[Page 26421]]

    For the Fort Ord site, the closing date for comments on the Notice 
of Intent to Delete was December 21, 2020. Seven submissions from five 
commenters opposing the partial deletion were received. Several 
comments questioned the timing of the partial deletion proposal at the 
end of the previous Administration, subsequent to the sunset of the 
Fort Ord Reuse Authority in June 2020, and questioned the utility of a 
partial deletion rather than a full site deletion after all response 
work would be complete at the site. EPA is deleting portions of Fort 
Ord from the NPL because they meet the-criteria for site deletion, that 
all appropriate response actions have been implemented. EPA determined 
the partial deletion was appropriate in consultation with state 
agencies including the California Department of Toxic Substances 
Control and the Central Coast Regional Water Quality Control Board. The 
Fort Ord Reuse Authority completed their clean-up responsibilities and 
the sunset of the Authority does not impact future clean-up. The Army 
will remain responsible for the remaining site clean-up with EPA and 
state oversight. Other comments questioned the public outreach 
activities at the site for the partial deletion and dissemination of 
information to new residents. The site has robust public outreach 
activities, even though COVID restrictions recently imposed by the 
State impacted in-person community outreach activities at Fort Ord. 
Several submissions from commentors were received which included 
historic information and information about other sites which were not 
accurate or germane for current clean-up actions at portions of the 
Fort Ord site proposed for partial deletion. Comments included concerns 
about residual munitions remaining after clean-up and contamination 
from lead. Lead contamination at the site is primarily found at former 
small arms training ranges; 162,800 cubic yards of soil and 719,000 
pounds of spent ammunition were removed from the former Site 3 Beach 
Trainfire Ranges, now Fort Ord Dunes State Park. After clean-up, 
bullets are occasionally found. The Fort Ord Dunes State Park personnel 
collect bullets as required by state deed covenants and transfer them 
to the Army for disposal. If suspected munitions or explosives of 
concern are found at Fort Ord Dunes State Park, personnel notify the 
County bomb squad and the Army. Several additional small areas of lead 
contamination that have not yet been addressed remain on the NPL. 
Concerns were expressed about per- and polyfluoroalkyl substances 
(PFAS) compound contamination. The following media remain on the NPL: 
Groundwater, soil gas and surface areas impacted by soil gas, and all 
soil and groundwater media associated with areas under evaluation for 
the potential presence of contamination from per- and polyfluoroalkyl 
substances (PFAS) compounds. A responsiveness summary was prepared and 
placed in the docket, EPA-HQ-SFUND-1990-0010, on https://www.regulations.gov, and in the Regional repository listed in the 
ADDRESSES section.
    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.

Larry Douchand,
Director, Office of Superfund Remediation and Technology Innovation.

    For reasons set out in the preamble, the EPA amends 40 CFR part 300 
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. 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.


0
2. Amend appendix B to part 300:
0
a. In Table 1 by revising the entries for ``IA, Midwest Manufacturing/
North Farm, Kellogg''; ``IN, Lake Sandy Jo (M&M Landfill), Gary''; and 
``PA, Palmerton Zinc Pile, Palmerton''; and
0
b. In Table 2 by revising the entry for ``CA, Fort Ord, Marina''.
    The revisions read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
             State                      Site name              City/county                   Notes a
----------------------------------------------------------------------------------------------------------------
IA.............................  Midwest Manufacturing/  Kellogg...............  P
                                  North Farm.
 
                                                  * * * * * * *
IN.............................  Lake Sandy Jo (M&M      Gary..................  P
                                  Landfill).
 
                                                  * * * * * * *
PA.............................  Palmerton Zinc Pile...  Palmerton.............  P
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ * * *
P = Sites with partial deletion(s).


                                       Table 2--Federal Facilities Section
----------------------------------------------------------------------------------------------------------------
             State                      Site name              City/county                   Notes a
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
CA.............................  Fort Ord..............  Marina................  P
 

[[Page 26422]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
 * * * * * *
\(a)\ * * *
P = Sites with partial deletion(s).

[FR Doc. 2021-10133 Filed 5-13-21; 8:45 am]
BILLING CODE 6560-50-P


