[Federal Register Volume 84, Number 69 (Wednesday, April 10, 2019)]
[Rules and Regulations]
[Page 14312]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07019]



[[Page 14312]]

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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2002-0008; FRL-9991-99-Region 8]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 8 announces 
the deletion of the Operable Unit 2 (OU2), Former Screening Plant, of 
the Libby Asbestos Superfund Site (Site) located in Libby, Montana from 
the National Priorities List (NPL). 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). 
This partial deletion pertains to all of 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 action and will remain on the NPL. The EPA and 
the State of Montana, through the Department of Environmental Quality 
(DEQ), have determined that all appropriate response actions under 
CERCLA, other than operation and maintenance, and five-year reviews, 
have been completed. However, the deletion of these parcels does not 
preclude future actions under Superfund.

DATES:  This action is effective April 10, 2019.

ADDRESSES: EPA has established a docket for this action under Docket 
Identification No. EPA-HQ-SFUND-2002-0008. 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 electronically in https://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: The portion of the site to be deleted from 
the NPL is: OU2 of the Libby Asbestos Superfund Site in Libby, Montana. 
A Notice of Intent for Partial Deletion for this Site was published in 
the Federal Register (84 FR 2122-2125) on February 6, 2019.
    The closing date for comments on the Notice of Intent for Partial 
Deletion was March 8, 2019. One set of public comments was received. 
The commenter does not object to the delisting; however, the commenter 
would like the Operations and Maintenance plan to be reviewed and 
updated. EPA commits to revising and updating the Operation and 
Maintenance plan for OU2 when new information necessitates an update. 
EPA activities completed at the site satisfy the NCP deletion criteria. 
EPA believes the partial deletion of OU2 of the Libby Asbestos 
Superfund Site from the NPL is appropriate. A responsiveness summary 
was prepared and placed in both the docket, EPA-HQ-SFUND-2002-0008, on 
www.regulations.gov, and in the local repositories listed above.
    EPA maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. 
Deletion of a site 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 portions 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 waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

     Dated: March 29, 2019.
Douglas H. Benevento,
Regional Administrator, Region 8.

    For reasons set out in the preamble, 40 CFR part 300 is amended 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. 1321(d); 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, Table 1 is amended by revising the entry 
for ``MT'', ``Libby Asbestos'', ``Libby'' to read as follows:

Appendix B to Part 300--National Priorities List

                   Table 1--General Superfund Section
------------------------------------------------------------------------
      State              Site name             City/county     Notes \a\
------------------------------------------------------------------------
 
                                * * * * *
MT..............  Libby Asbestos.........  Libby.............         P
 
                               * * * * *
------------------------------------------------------------------------
\a\ * * *
 * * * * *
* P = Sites with partial deletion(s).

* * * * *
[FR Doc. 2019-07019 Filed 4-9-19; 8:45 am]
 BILLING CODE 6560-50-P