[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]]
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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.
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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
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State Site name City/county Notes \a\
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* * * * *
MT.............. Libby Asbestos......... Libby............. P
* * * * *
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\a\ * * *
* * * * *
* P = Sites with partial deletion(s).
* * * * *
[FR Doc. 2019-07019 Filed 4-9-19; 8:45 am]
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