[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Proposed Rules]
[Pages 2122-2125]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01319]



[[Page 2122]]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2002-0008; FRL-9988-91-Region 8]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the OU2 of the Libby 
Asbestos Superfund Site

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) Region 8 is issuing 
a Notice of Intent to Delete Operable Unit 2 (OU2), Former Screening 
Plant, of the Libby Asbestos Superfund Site (Site), located in Lincoln 
County, Montana, from the National Priorities List (NPL) and requests 
public comments on this proposed action. 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). The EPA and the State of Montana (State), 
through the Department of Environmental Quality (DEQ), have determined 
that all appropriate response actions at OU2 under CERCLA, other than 
operation and maintenance and five-year reviews (FYR), have been 
completed. However, this partial deletion does not preclude future 
actions under Superfund.
    This partial deletion pertains only to OU2. Operable Unit 1 (OU1), 
Former Export Plant; Operable Unit 3 (OU3), Former Vermiculite Mine; 
Operable Unit 4 and Operable Unit 7 (OU4/OU7), Residential/Commercial 
Properties of Libby and Troy; Operable Unit 5 (OU5), Former Stimson 
Lumber Mill; Operable Unit 6 (OU6), BNSF Rail Corridor; and Operable 
Unit 8 (OU8), Highways and Roadways, are not being considered for 
deletion as part of this proposed action and will remain on the NPL.

DATES: Comments must be received by March 8, 2019.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-HQ-
SFUND-2002-0008 by one of the following methods:
     https://www.regulations.gov. Follow on-line instructions 
for submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. 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 https://www.epa2.gov/dockets/commenting-epa-dockets.
     Email: Dania Zinner, [email protected]
     Mail: Dania Zinner, Remedial Project Manager, U.S. EPA, 
Region 8, Mail Code 8EPR-SR, 1595 Wynkoop Street, Denver, CO 80202-1129
    Instructions: Direct your comments to Docket ID no. EPA-HQ-SFUND-
2002-0008. The EPA's policy is that all comments received will be 
included in the public docket without change and may be made available 
online at https://www.regulations.gov, 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 https://www.regulations.gov or email. The https://www.regulations.gov 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 the EPA without 
going through https://www.regulations.gov, 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, the 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 the EPA cannot read your comment due 
to technical difficulties and cannot contact you for clarification, the 
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: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in the hard 
copy. Publicly available docket materials are available electronically 
in http://www.regulations.gov; by calling EPA Region 8 at (303) 312-
7279 and leaving a message; and at the EPA Info Center, 108 E 9th 
Street, Libby, MT 59923, (406) 293-6194, Monday through Thursday from 
8:00 a.m.-4:00 p.m.

FOR FURTHER INFORMATION CONTACT: Dania Zinner, Remedial Project 
Manager, U.S. Environmental Protection Agency, Region 8, Mailcode EPR-
SR, 1595 Wynkoop Street, Denver, CO 80202-1129, (303) 312-7122, email 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents:

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Partial Site Deletion

I. Introduction

    EPA announces its intent to delete all of Operable Unit 2 (OU2), 
Former Screening Plant, of the Libby Asbestos Superfund Site (Site) 
from the NPL and requests public comment on this proposed action. The 
NPL constitutes Appendix B of 40 CFR part 300 which is the NCP, which 
the EPA promulgated pursuant to section 105 of the CERCLA of 1980, as 
amended. The 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). This partial 
deletion of OU2 of the Libby Asbestos Superfund Site is 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 (Nov. 1, 1995). As described in section 
300.425(e)(3) of the NCP, a portion of a site deleted from the NPL 
remains eligible for Fund-financed remedial action if future conditions 
warrant such actions.
    The EPA will accept comments on the proposal to partially delete 
this site 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 discusses procedures that the EPA is 
using for this action. Section IV discusses the OU2 of the

[[Page 2123]]

Libby Asbestos Superfund Site and demonstrates how it meets the 
deletion criteria.

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), the 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 in not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, the 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. The EPA conducts such five-year reviews even if a site is 
deleted from the NPL. The 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 deletion of OU2 of the Libby 
Asbestos Superfund Site:
    (1) The EPA consulted with the State before developing this Notice 
of Intent for Partial Deletion.
    (2) The EPA has provided the State 30 working days for review of 
this notice 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 of Montana, through the DEQ, has concurred with 
deletion of OU2 of the Libby Asbestos Superfund Site, from the NPL.
    (5) Concurrently with the publication of this Notice of Intent for 
Partial Deletion in the Federal Register, notices are being published 
in the Western News, the Kootenai Valley Record, and the Montanian. The 
newspaper notices announce the 30-day public comment period concerning 
the Notice of Intent for Partial Deletion of the Site from the NPL.
    (6) The EPA placed copies of documents supporting the proposed 
partial deletion in the deletion docket, made these items available for 
public inspection, and copying at the Site information repositories 
identified above.
    If comments are received within the 30-day comment period on this 
document, the EPA will evaluate and respond to the comments before 
making a final decision to delete OU2. If necessary, the EPA will 
prepare a Responsiveness Summary to address any significant public 
comments received. After the public comment period, if the EPA 
determines it is still appropriate to delete OU2 of the Libby Asbestos 
Superfund Site, the Regional Administrator will publish a final Notice 
of 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 portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion of a site from the NPL does not in any way alter 
the 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 Intended Partial Site Deletion

    The following information provides the EPA's rationale for deleting 
the OU2 of the Libby Asbestos Superfund Site from the NPL:

Site Background and History

    The Libby Asbestos Superfund Site, CERCLIS No. MT0009083840, is 
located in Lincoln County, Montana in the northwest corner of Montana 
approximately 35 miles east of Idaho and 65 miles south of Canada. The 
Site was proposed for inclusion on the NPL on February 26, 2002 (67 FR 
8836) and listed on October 24, 2002 (67 FR 65315).
    Vermiculite was discovered 7 miles northeast of Libby, Montana in 
1881 by gold miners. In the early 1920s, Mr. Edward Alley began initial 
mining operations on the vermiculite ore body. Full-scale operations 
began later that decade under the name of the Universal Zonolite 
Insulation Company (Zonolite). This ore body contained a mixture of 
amphibole mineral fibers of varying elemental composition (e.g., 
winchite, richterite, tremolite) that have been identified in the Rainy 
Creek complex near Libby (Libby amphibole asbestos or LA). Unlike the 
commercially exploited chrysotile asbestos, the LA material has never 
been used commercially on a wide scale, and, for the mine's operating 
life, it was considered a byproduct of little or no value. The 
commercially exploited vermiculite was used in a variety of products 
including insulation and construction materials, as a carrier for 
fertilizer and other agricultural chemicals, and as a soil conditioner. 
The vermiculite ore was mined using standard strip mining techniques 
and conventional mining equipment. The ore was then processed in an 
onsite dry mill to remove waste rock and overburden material. Once 
processed, the ore was transported down from the mine to the former 
Screening Plant (OU2), which sorted the ore into five size ranges. 
After the sorting process, the material was shipped to various 
locations across the United States for either direct inclusion in 
products or for ``expansion'' prior to use in products. Expansion (also 
known as ``exfoliation'' or ``popping'') was accomplished by heating 
the ore, usually in a dry kiln, to approximately 2000 [deg]F. This 
process explosively vaporizes the water contained within the mica 
structure, causing the vermiculite to expand by a factor of 10 to 15. 
This produces the vermiculite material most commonly seen in stores and 
sold as soil conditioner for gardens and greenhouses. In 1963, Grace 
purchased Zonolite and continued vermiculite-mining operations in a 
similar fashion. In 1975, a wet milling process was added that operated 
in tandem with the dry mill until the dry mill was taken off line in 
1985. The wet milling process was added to reduce dust generation by 
the milling process. Expansion operations at the former Export Plant 
ceased in Libby sometime prior to 1981, although this area was still 
used to bag and export milled ore until mining operations were stopped 
in 1990. Before the mine closed in 1990, Libby produced about 80 
percent of the world's supply of vermiculite.
    The Site was placed on the NPL in response to media articles, which 
detailed extensive asbestos-related

[[Page 2124]]

health problems in the Libby population. EPA arrived on-site in 1999 
and since then EPA has conducted sampling and response action 
activities to address highly contaminated areas in the Libby Valley. 
While at first the situation was thought to be limited to those with 
direct or indirect occupational exposures, it soon became clear there 
were multiple exposure pathways, and many persons with no link to 
mining-related activities were affected. Typically, the amphibole 
asbestos contamination found in the Libby Valley comes from one or some 
combination of source materials (e.g., vermiculite insulation, 
processed vermiculite ore, mine wastes). Asbestos from these source 
materials has been found in interior building dust samples and local 
soils, which in turn act as secondary sources. Response actions to 
clean up the Site have been ongoing since 1999.
    The Site has 8 operable units (OUs). The OUs are as follows: 
Operable Unit 1 (OU1), Former Export Plant; Operable Unit 2 (OU2), 
Former Screening Plant; Operable Unit 3 (OU3), Former Vermiculite Mine; 
Operable Unit 4 and Operable Unit 7 (OU4/OU7), Residential/Commercial 
Properties of Libby and Troy; Operable Unit 5 (OU5), Former Stimson 
Lumber Mill; Operable Unit 6 (OU6), BNSF Rail Corridor; and Operable 
Unit 8 (OU8), Highways and Roadways. The OUs pertain to distinct 
geographical areas corresponding to areas of responsibility for the 
identified responsible parties and/or to distinct sources of 
contamination.
    The background and history, the Remedial Investigations and 
Feasibility Studies (RI/FS), Removal and Response Actions, Selected 
Remedies, Cleanup Standards, and Operation and Maintenance activities 
for OU2 are discussed below.

OU2 Background and History

    Operable Unit 2 (OU2) consists of the former screening plant and 
surrounding properties. OU2 is located approximately five miles 
northeast of the City of Libby on the east side of the Kootenai River 
and at the confluence of Rainy Creek and the Kootenai River. A map of 
OU2 can be found in the docket at www.regulations.gov under Docket ID 
no. EPA-HQ-SFUND-2002-0008. The OU2 site was historically owned and 
used by W.R. Grace for stockpiling, staging, and distributing 
vermiculite and vermiculite concentrate to vermiculite processing areas 
and insulation distributors outside of the City of Libby. OU2 is known 
as the former Screening Plant and Surrounding Properties. OU2 has been 
separated into distinct impacted areas that include the former 
Screening Plant (Subarea 1), the Flyway (Subarea 2), Privately-Owned 
Property (Subarea 3), and the Rainy Creek Road Frontages (Subarea 4). 
The Highway 37 right-of-way (ROW) adjacent to the OU2 site was included 
due to its proximity to OU2 and the known contamination in the ROW.

OU2 Remedial Investigations and Feasibility Study (RI/FS)

    The State, the EPA and certain Potentially Responsible Parties 
(PRPs) conducted various studies and investigations to evaluate the 
nature and extent of contamination generally at the Site. Remedial 
Investigations (RIs) began in 1999 within the Site, including the 
export and screening plants and highly contaminated areas with exposure 
pathways such as residential/commercial properties and schools. Various 
removal actions were conducted starting in 2000 through 2006 where 
source areas were excavated and were disposed of at the former 
vermiculite mine (OU3). The Former Screening Plant Remedial 
Investigation (2009 RI) evaluated the human health and environmental 
impacts due to the former screening plant and surrounding properties.
    In August 2009, the OU2 Remedial Investigation (2009 RI) confirmed 
that OU2 had been mostly cleaned up by prior removal actions and that 
only two more locations needed to be remediated to meet EPA's clearance 
criteria and to break the exposure pathway to LA.
    The EPA released the OU2 Feasibility Study (FS) in August 2009 and 
a proposed plan in September 2009.

OU2 Selected Remedy

    The EPA issued the Record of Decision (ROD) for OU2 (2010 OU2 ROD) 
on May 10, 2010. The selected remedy in the 2010 OU2 ROD was narrowly 
focused on breaking the exposure pathway to LA in a few locations on 
OU2 as most of the former screening plant was already remediated by 
prior removal actions. Other surrounding contaminated geographical 
areas were addressed as part of remedial actions taken at other 
operable units. Thus, the 2010 OU2 ROD identified three remedial action 
objectives (RAOs) of breaking the exposure pathway for inhalation of LA 
fibers, controlling erosion of contaminated soil to prevent exposures 
and spread of contamination, and implementing controls to prevent uses 
of the site that could pose unacceptable risks to human health.
    The original remedy selected in the 2010 OU2 ROD consisted of the 
following remedial components: (1) Excavation and offsite disposal of 
top 18 inches of soil in certain areas; (2) Protective cover of clean 
soil; (3) Institutional controls such as a utility location service and 
community awareness programs to prevent exposure to contamination in 
the subsurface and the spread of contamination; and (4) Operations and 
maintenance of the remedy.
    Because the selected remedy in the 2010 OU2 ROD left wastes in 
place, ICs are critical to the protection of the remedy. The objectives 
of ICs for OU2 are as follows: (1) Notify future landowners of the 
presence of subsurface contamination and IC requirements; (2) Mitigate 
the potential for inhalation exposures to LA fibers; (3) Control 
dispersion/erosion of contaminated soil to prevent the spread of 
contamination; (4) Implement controls to prevent uses of the site that 
could pose unacceptable risks or compromise the remedy; and (5) 
Implement controls to prevent uses of the site that could spread 
contamination to un-impacted or previously remediated locations. The 
properties that comprise OU2 are owned by Kootenai Development Company 
and a private residential property owner.

OU2 Cleanup Standards

    The OU2 remedy was one of the first source control remedies at the 
Site that addressed breaking the exposure pathway to a highly 
contaminated area of the site, but did not contain numeric cleanup 
standards because toxicity values for Libby amphibole asbestos had not 
been finalized yet. Numeric cleanup standards for site-wide soil 
contamination were established in the OUs 4-8 Record of Decision. A 
post-construction risk assessment for OU2 was released in October 2015 
confirming that the remediation met cleanup standards.

OU2 Response Actions

    The EPA and W.R. Grace & Co.--Conn (Grace) entered into an 
Administrative Order on Consent for Removal Action (AOC) to cost 
recover funds for EPA removal actions on OU2 and for Grace to assume 
responsibility of post-removal site controls. Notice for completion of 
work was sent in December 2015 and this AOC has been closed out 
following recording of an environmental covenant on Grace's property 
(Flyway).
    Remedial activities began in summer of 2010 with excavation of the 
areas investigated where the exposure pathway needed to be broken 
including along the Highway 37 ROW. Materials were excavated, disposed 
offsite at the former vermiculite mine (OU3), and

[[Page 2125]]

confirmation sampling was performed at depth. Clean cover was placed as 
backfill at depths of 6 inches to 25 inches depending upon location and 
these areas were hydroseeded (vegetated) to prevent erosion. Additional 
confirmation activity-based sampling was conducted in summer of 2012 to 
confirm effectiveness of remedy. The OU2 post-construction risk 
assessment (October 2015) and the site-wide risk assessment (November 
2015) both confirmed that the remedy at OU2 is protective. As part of 
the AOC agreement with Grace, the Kootenai Development Company (a 
subsidiary of Grace) placed an environmental covenant on its property 
in OU2 on July 28, 2014 that meets the IC objectives above. All 
remedial components described in the 2010 OU2 ROD have been 
implemented.

OU2 Operation and Maintenance

    The State and PRP operations and maintenance (O&M) responsibilities 
are defined in the OU2 O&M Plan (September 2018). Grace's 
responsibilities are further defined in the environmental covenant 
(July 2014) for the Flyway property.
    Montana DEQ requirements for O&M includes conducting an annual 
inspection, preparing an annual report, maintaining the cover, and 
evaluating/updating institutional controls (ICs). Current annual 
inspection reports and associated data are available by contacting EPA 
Region 8 or Montana DEQ.
    In regard to ICs, an environmental covenant for the Kootenai 
Development Company's property within OU2 was recorded with the Lincoln 
County Clerk and Recorder on July 28, 2014. The environmental covenant 
provides the following Use Restrictions: (1) No excavation, 
construction, or disturbing soil on the property without written 
approval from EPA and Montana DEQ, (2) Prior to disturbance activities, 
a written plan must be approved by EPA and Montana DEQ that describes 
the health and safety of workers and restoring the integrity of the 
cover material, and (3) Restrictions on uses or activities that would 
disturb/interfere or have the potential to disturb/interfere with the 
protectiveness of the remedy and remedial components.

Five-Year Review

    The remedies at the entire Site, including OU2 require ongoing 
five-year reviews in accordance with CERCLA Section 121(c) and Section 
300.430(f)(4)(ii) of the NCP.
    In the statutory 2015 five-year review dated June 22, 2015 
conducted for OU1 and OU2 for the Site, the OU2 remedy was determined 
to be protective since all required institutional controls were in 
place including an environmental covenant on the Kootenai Development 
Company's property. There were no issues or recommendations for OU2.
    Pursuant to CERCLA section 121(c) and the NCP, EPA will conduct the 
next five-year review by June 22, 2020 to ensure the continued 
protectiveness of remedial actions where hazardous substances, 
pollutants, or contaminants remain at the Site above levels that allow 
for unlimited use and unrestricted exposure.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA Section 113(k), 42 U.S.C. 9613(k) and CERCLA Section 117, 42 
U.S.C. 9617. During the development and implementation of the remedy 
for this operable unit, comment periods were offered for the proposed 
plan, the five-year review, and other public meetings. The documents 
that the EPA relied on for the partial deletion of OU2 from the Libby 
Asbestos Superfund Site are in the docket and are available to the 
public in the information repositories. A notice of availability of the 
Notice of Intent for Partial Deletion has been published in the Western 
News, the Kootenai Valley Record, and the Montanian to satisfy public 
participation procedures required by 40 CFR 300.425 (e) (4).
    The State, the Lincoln County Commissioners, and the City of Libby 
are supportive of the partial deletion of OU2. The State signed a 
letter of concurrence on September 13, 2018.

Determination That the Site Meets the Criteria for Deletion

    EPA has consulted with the State, Lincoln County Commissioners, and 
the City of Libby on the proposed partial deletion of OU2 of the Libby 
Asbestos Site from the NPL prior to developing this Notice of Partial 
Deletion. Through the five-year review, EPA has also determined that 
the response actions taken are protective of public health or the 
environment and, therefore, taking of additional remedial measures is 
not appropriate.
    The implemented remedies achieve the degree of cleanup or 
protection specified in the 2010 OU2 ROD.
    All selected removal and remedial action objectives and associated 
cleanup goals for OU2 are consistent with agency policy and guidance. 
This partial deletion meets the completion requirements as specified in 
OSWER Directive 9320.2-22, Close Out Procedures for National Priority 
List Sites. All response activities at OU2 of the Site are complete and 
the Operable Unit poses no unacceptable risk to human health or the 
environment. Therefore, EPA and Montana DEQ have determined that no 
further response is necessary at OU2 of the Site.

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.

    Authority:  33 U.S.C. 1321(d), 42 U.S.C. 9601-9657; E.O. 12580, 
E.O. 12777, E.O. 13626, 52 FR 29233, 56 FR 54757, 77 FR 56749, 3 CFR 
2013 Comp., p. 306; 3 CFR, 1991 Comp., p. 351; 3 CFR, 1987 Comp., p. 
193.

    Dated: December 20, 2018.
Douglas H. Benevento,
Regional Administrator, Region 8.
[FR Doc. 2019-01319 Filed 2-5-19; 8:45 am]
 BILLING CODE 6560-50-P