Proposed Rule2024-17934
Proposed 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
August 16, 2024
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is issuing a Notice of Intent to delete one site and partially delete three 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.
Full Text
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<title>Federal Register, Volume 89 Issue 159 (Friday, August 16, 2024)</title>
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[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Proposed Rules]
[Pages 66665-66667]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-17934]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-OLEM-2022-0733; EPA-HQ-OLEM-2023-0602; EPA-HQ-OLEM-2024-0294;
EPA-HQ-OLEM-2024-0326; FRL-12112-01-OLEM]
Proposed Deletion From the National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of intent.
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SUMMARY: The Environmental Protection Agency (EPA) is issuing a Notice
of Intent to delete one site and partially delete three 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 September 16, 2024.
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:
<bullet> <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow on-line instructions
for submitting comments. Once submitted, comments cannot be edited or
removed from <a href="http://Regulations.gov">Regulations.gov</a>. 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 <a href="http://www2.epa.gov/dockets/commenting-epa-dockets">http://www2.epa.gov/dockets/commenting-epa-dockets</a>.
<bullet> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> or email. The <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, 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 <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 Center. Location, address, and phone
number of the Regional Records Centers follows.
Regional Records Center:
<bullet> Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New
York, NY 10007- 1866; 212/637-4308.
<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 9 (AZ, CA, HI, NV, GU, AS, MP), U.S. EPA, 75
Hawthorne Street, San Francisco, CA 94105; 415/947-8000.
<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, accessing deletion support documentation, and determining
whether there are additional physical deletion dockets available.
FOR FURTHER INFORMATION CONTACT:
<bullet> Mabel Garcia, U.S. EPA Region 2 (NJ, NY, PR, VI),
<a href="/cdn-cgi/l/email-protection#d9beb8abbab0b8f7b4b8bbbcb599bca9b8f7beb6af"><span class="__cf_email__" data-cfemail="90f7f1e2f3f9f1befdf1f2f5fcd0f5e0f1bef7ffe6">[email protected]</span></a>, 212/637-4356.
<bullet> Alayna Famble, U.S. EPA Region 4 (AL, FL, GA, KY, MS, NC,
SC, TN), <a href="/cdn-cgi/l/email-protection#91f7f0fcf3fdf4bff0fdf0e8fff0d1f4e1f0bff6fee7"><span class="__cf_email__" data-cfemail="3751565a555b5219565b564e59567752475619505841">[email protected]</span></a>, 404/562-8768.
<bullet> Yarissa Martinez Leon, U.S. EPA Region 9 (AZ, CA, HI, NV,
GU, AS, MP), <a href="/cdn-cgi/l/email-protection#305d514244595e554a1e49514259434351705540511e575f46"><span class="__cf_email__" data-cfemail="bfd2decdcbd6d1dac591c6decdd6ccccdeffdacfde91d8d0c9">[email protected]</span></a>, 415/972-3932.
<bullet> Charles Sands, U.S. EPA Headquarters,
<a href="/cdn-cgi/l/email-protection#26554748425508454e47544a43556643564708414950"><span class="__cf_email__" data-cfemail="e093818e8493ce838881928c8593a0859081ce878f96">[email protected]</span></a>, 202/566-1142.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
[[Page 66666]]
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 one site and partially
delete three sites from the 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 are
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
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Site name City/county, state Type Docket No. Footnote
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Del Amo......................... Los Angeles, CA.... Partial............ EPA-HQ-OLEM-2022-07 1, 3
33.
Mercury Refining, Inc........... Colonie, NY........ Full............... EPA-HQ-OLEM-2023-06 1, 2, 3
02.
[[Page 66667]]
Lawrence Aviation Industries, Port Jefferson Partial............ EPA-HQ-OLEM-2024-02 1, 2, 3
Inc. Station, NY. 94.
Redstone Arsenal (USARMY/NASA).. Huntsville, AL..... Partial............ EPA-HQ-OLEM-2024-03 1, 3
26.
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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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Table 2
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Full site deletion
(full) or media/ E-mail address for
Site Name parcels/ description public comments
for partial deletion
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Del Amo..................... Ten parcels and one martinez.yarissa@epa
road section .gov.
located in Operable
Unit 1.
Mercury Refining, Inc....... Full................ <a href="/cdn-cgi/l/email-protection#7b1614151c1e171712550f1314161a083b1e0b1a551c140d"><span class="__cf_email__" data-cfemail="b5d8dadbd2d0d9d9dc9bc1dddad8d4c6f5d0c5d49bd2dac3">[email protected]</span></a>.
Lawrence Aviation 125-acre land/soils <a href="/cdn-cgi/l/email-protection#8be1e4e5a5e6eaf9e2eacbeefbeaa5ece4fd"><span class="__cf_email__" data-cfemail="6c06030242010d1e050d2c091c0d420b031a">[email protected]</span></a>.
Industries, Inc. portion of the Site
and all groundwater
not included in
Figure 2 of the
PDJ, which shows
the remaining
groundwater plume.
Redstone Arsenal (USARMY/ Soils and sediments <a href="/cdn-cgi/l/email-protection" class="__cf_email__" data-cfemail="6109001313080f06150e0f4f0b0e0f210411004f06">[email protected]</a>
NASA). from Operable Unit ov.
8.
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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. 2024-17934 Filed 8-15-24; 8:45 am]
BILLING CODE 6560-50-P
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