Proposed Rules. Proposed rule; notice of intent

Agency: Environmental Protection Agency (EPA)
Action: Proposed rule; notice of intent
Citation: FR Doc. 2023-03148 · 40 CFR 300

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.

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. Table 1 Site name City/county, state Type Docket No. Footnote Haviland complex Town of Hyde Park, NY Full EPA-HQ-OLEM-2022-0968 Smithtown Ground Water Contamination Smithtown, NY Full EPA-HQ-OLEM-2022-0964 Jackson Ceramix Falls Creek, PA Partial EPA-HQ-OLEM-2022-0854 Fort Hartford Coal Co. Stone Quarry Olaton, KY Full EPA-HQ-OLEM-2022-0948 1, 2, 3 Marine Corps Logistics Base Albany, GA Partial EPA-HQ-OLEM-2021-0486 Redstone Arsenal (USARMY/NASA) Huntsville, AL Partial EPA-HQ-OLEM-2022-0949 1, 3 Tyndall Air Force Base Panama City, FL Partial EPA-HQ-OLEM-2022-0947 Aircraft Components (D & L Sales) Benton Harbor, MI Partial EPA-HQ-OLEM-2022-0828 Omaha Lead Omaha, NE Partial EPA-HQ-SFUND-2023-0021 1, 3 Anaconda Co. Smelter Anaconda, MT Partial EPA-HQ-OLEM-2022-0965 1, 3 Eagle Mine Minturn/Redcliff, CO Partial EPA-HQ-OLEM-2022-0966 1, 3 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 Site name Full site deletion (full) or media/parcels/ description for partial deletion E-mail address for public comments Haviland Complex Full duda.damian@epa.gov. Smithtown Ground Water Contamination Full henry.sherrel@epa.gov. Jackson Ceramix Soils and unsaturated subsurface vadose zones from OU 1 Baseball Field debonis.michael01@epa.gov. Fort Hartford Coal Co. Stone Quarry Full jackson.brad@epa.gov. Marine Corps Logistics Base OU 3 Soils martin.anna@epa.gov. Redstone Arsenal (USARMY/NASA) Soils and pipeline sediments from OU-26 jackson.brad@epa.gov. Tyndall Air Force Base 13 specified operable units jackson.brad@epa.gov. Aircraft Components (D & L Sales) OU 1 radiological cleanup cibulskis.karen@epa.gov. Omaha Lead 13 residential properties morey.maria@epa.gov. Anaconda Co. Smelter OU 15 Mill Creek coleman.charles@epa.gov. Eagle Mine 5.31 acres of soils in the OU 3 North Property Redevelopment—Trestle Area chan.sydney@epa.gov. 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]