Rule2023-03147
Deletion From the National Priorities List
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
February 22, 2023
Effective
February 22, 2023
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) announces the deletion of one site and the partial deletion of two sites from the Superfund National Priorities List (NPL). The NPL, created under 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 have been completed. However, this deletion does not preclude future actions under Superfund.
Full Text
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<title>Federal Register, Volume 88 Issue 35 (Wednesday, February 22, 2023)</title>
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[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Rules and Regulations]
[Pages 10851-10853]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-03147]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-OLEM-2022-0319; EPA-HQ-OLEM-2022-0527; EPA-HQ-OLEM-2022-0579;
FRL-10632-02-OLEM]
Deletion 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
deletion of one site and the partial deletion of two sites from the
Superfund National Priorities List (NPL). The NPL, created under 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 have been completed.
However, this deletion does not preclude future actions under
Superfund.
DATES: The document is effective February 22, 2023.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or at the
corresponding Regional Records Centers. Locations, addresses, and phone
numbers of the Regional Records Center follows.
<bullet> Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61
Forsyth Street SW, Mail code 9T25, Atlanta, GA 30303.
<bullet> 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.
<bullet> Region 6 (AR, LA, NM, OK, TX), US EPA Region 6 Records
Center 1201 Elm
[[Page 10852]]
St., Suite 500, Dallas, TX 75270; 214/665-7544.
<bullet> 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:
<bullet> Leigh Lattimore, U.S. EPA Region 4 (AL, FL, GA, KY, MS,
NC, SC, TN), <a href="/cdn-cgi/l/email-protection#107c716464797d7f62753e7c75797778507560713e777f66"><span class="__cf_email__" data-cfemail="e18d809595888c8e9384cf8d84888689a1849180cf868e97">[email protected]</span></a>, 404/562-8768.
<bullet> Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH,
WI), <a href="/cdn-cgi/l/email-protection#8eede7ecfbe2fde5e7fda0e5effcebe0ceebfeefa0e9e1f8"><span class="__cf_email__" data-cfemail="2f4c464d5a435c44465c01444e5d4a416f4a5f4e01484059">[email protected]</span></a>, 312/886-1843.
<bullet> Brian Mueller, U.S. EPA Region 6 (AR, LA, NM, OK, TX),
<a href="/cdn-cgi/l/email-protection#315c44545d5d54431f534358505f715441501f565e47"><span class="__cf_email__" data-cfemail="69041c0c05050c1b470b1b000807290c1908470e061f">[email protected]</span></a>, 214/665-7167.
<bullet> Charles Sands, U.S. EPA Headquarters,
<a href="/cdn-cgi/l/email-protection#5b283a353f287538333a29373e281b3e2b3a753c342d"><span class="__cf_email__" data-cfemail="ea998b848e99c489828b98868f99aa8f9a8bc48d859c">[email protected]</span></a>, 202-566-1142.
SUPPLEMENTARY INFORMATION: The NPL, created under section 105 of
CERCLA, as amended, is an appendix of the NCP. 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. Partial deletion of sites is in accordance
with 40 CFR 300.425(e) and are consistent with the Notice of Policy
Change: Partial Deletion of Sites Listed on the National Priorities
List, 60 FR 55466, (November 1, 1995). The sites to be deleted are
listed in Table 1, including docket information containing reference
documents with the rationale and data principally relied upon by the
EPA to determine that the Superfund response is complete. 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 in this SUPPLEMENTARY INFORMATION section,
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. 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.
Table 1
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Site name City/county, state Type Docket No. Footnote
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U.S. Finishing/Cone Mills....... Greenville, SC..... Partial.............. EPA-HQ-OLEM-2022-0
579.
Wauconda Sand & Gravel.......... Wauconda, IL....... Partial.............. EPA-HQ-OLEM-2022-0 1,2,3
319.
River City Metal Finishing...... San Antonio, TX.... Full................. EPA-HQ-OLEM-2022-0
527.
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Information concerning the sites to be deleted and partially
deleted from the NPL, the proposed rule for the deletion and partial
deletion of the sites, and information on receipt of public comment(s)
and preparation of a Responsiveness Summary (if applicable) are
included in Table 2.
Table 2
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Full site deletion
Date, (full) or media/
Site name proposed FR citation Public comment Responsiveness summary parcels/description
rule for partial deletion
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U.S. Finishing/Cone Mills........ 8/17/2022 87 FR 50596................. No....................... No....................... 70-acres of Operable
Unit 1 Main
Facility which
includes soil,
surface water, and
sediment.
Wauconda Sand & Gravel........... 8/17/2022 87 FR 50596................. No....................... No....................... Approximately 76-
acres of soil.
River City Metal Finishing....... 8/17/2022 87 FR 50596................. Yes...................... Yes...................... Full.
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For the sites proposed for deletion, the closing date for comments
in the proposed rule was September 16, 2022. The EPA received two
public comments on the River City Metal Finishing site in this final
rule. EPA placed the comments in the docket specified in Table 1, on
<a href="https://www.regulations.gov">https://www.regulations.gov</a>, and in the appropriate Regional Records
Center listed in the ADDRESSES section. One public comment was not
germane to the proposed rulemaking. The second commentor believes
CERCLA gives no guarantee that harm will not be done to public health
again in the future at the site. The commenter believes if a site is no
longer considered to be a hazard, it should be noted that it was once
classified as a priority and ranked lower overall on the NPL rather
than deleted from the NPL. In response, no hazardous substances,
pollutants, or contaminants remain at the Site above levels that
preclude unlimited use and unrestricted exposure. This means that under
the current and future residential, commercial, and industrial land use
scenarios, the site poses no unacceptable risks to human health and the
environment. Thus, EPA concluded that no action is warranted under
CERCLA, and the site can be deleted from the NPL.
The deletion criteria for the Site have been met. A Responsiveness
Summary was prepared and placed in the site deletion docket, EPA-HQ-
OLEM-2022-0527 on <a href="https://www.regulations.gov">https://www.regulations.gov</a>, and in the appropriate
Regional Records Centers listed in the ADDRESSES section.
For all other sites not specified above, no adverse comments were
received.
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
[[Page 10853]]
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,
Office 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. In Appendix B to part 300 amend Table 1 by:
0
a. Revising the entry for ``IL'', ``Wauconda Sand & Gravel'',
``Wauconda'';
0
b. Removing the entry for ``TX'', ``River City Metal Finishing'', ``San
Antonio''.
The revision reads as follows:
Appendix B to Part 300--National Priorities List
Table 1--General Superfund Section
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State Site name City/county Notes (a)
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* * * * * * *
IL......... Wauconda Sand & Gravel. Wauconda......... P
* * * * * * *
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* P = Sites with partial deletion(s).
[FR Doc. 2023-03147 Filed 2-21-23; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on February 22, 2023.
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