[Federal Register Volume 85, Number 225 (Friday, November 20, 2020)]
[Proposed Rules]
[Pages 74306-74309]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25622]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1983-0002; EPA-HQ-SFUND-1986-0005; EPA-HQ-SFUND-1990-
0010; FRL-10016-73-OLEM]


Proposed Deletions From the National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

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

SUMMARY: The Environmental Protection Agency (EPA) is issuing a Notice 
of Intent to partially delete four sites from the National Priorities 
List (NPL) and requests public comments on this

[[Page 74307]]

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 
states, through their designated state agencies, have determined that 
all appropriate response actions under CERCLA, other than operation and 
maintenance, monitoring, and five-year reviews, where applicable, have 
been completed. However, this deletion does not preclude future actions 
under Superfund.
    The sites proposed for partial deletion, their location and media 
or areas proposed for deletion from the NPL are specified in Table 1 
and Table 2 in the Supplementary Information section of this document. 
The remaining media or areas of the sites will remain on the NPL and 
are not being considered for deletion as part of this action.

DATES: Comments regarding this proposed listing must be submitted on or 
before December 21, 2020.

ADDRESSES: EPA has established a docket for this action under the 
Docket Identification number 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:
     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 http://www2.epa.gov/dockets/commenting-epa-dockets.
     Email: Table 2 in the Supplementary Information section of 
this document provides an email address to submit public comments for 
each 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 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 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, 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 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 either electronically through https://www.regulations.gov or 
in hard copy at the corresponding Regional Records Centers. Locations, 
addresses, and phone numbers-of the Regional Records Centers follow.

Regional Records Centers

     Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1650 
Arch Street, Mail code 3HS12, Philadelphia, PA 19103; 215/814-3355.
     Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund 
Division Librarian/SFD Records Manager SRC-7J, Metcalfe Federal 
Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/886-4465.
     Region 7 (IA, KS, MO, NE), U.S. EPA, 11201 Renner Blvd., 
Mail code SUPRSTAR, Lenexa, KS 66219; 913/551-7956.
     Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S. EPA, 75 
Hawthorne Street, Mail code SFD 6-1, San Francisco, CA 94105; 415/972-
3160.
    The EPA is temporarily suspending Regional Records Centers for 
public visitors to reduce the risk of transmitting COVID-19. 
Information in these repositories, including the deletion docket, has 
not been updated with hardcopy or electronic media. For further 
information and updates on EPA Docket Center services, please visit us 
online at https://www.epa.gov/dockets. 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:

 Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV), 
[email protected], 215/814-2049
 Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH, WI), 
[email protected], 312/886-1843
 David Wennerstrom, U.S. EPA Region 7 (IA, KS, MO, NE), 
[email protected], 913/551-7996
 Eric Canteenwala, U.S. EPA Region 9 (AZ, CA, HI, NV, AS, GU, 
MP), [email protected], 415/972-3932
 Chuck Sands, U.S. EPA Headquarters, [email protected], 
703/603-8857

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Introduction

    EPA is issuing a Notice of Intent to partially delete four sites 
from the National Priorities List (NPL) and requests public comments on 
this proposed action. The NPL constitutes

[[Page 74308]]

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 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 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.
    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 EPA is using 
for this action. Section IV discusses the portion of each 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 partial deletion of each of 
the four sites in this proposed rule:
    (1) EPA consulted with the respective state before developing this 
Notice of Intent for partial deletion.
    (2) EPA has provided the state 30 working days for review of this 
proposed action 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 states, through their designated state agencies, have 
concurred with the proposed partial deletion action.
    (5) Concurrently, with the publication of this Notice of Intent for 
partial deletion in the Federal Register, a notice is being published 
in a major local newspaper of general circulation near each of the four 
sites. The newspaper announces the 30-day public comment period 
concerning the Notice of Intent for partial deletion.
    (6) The EPA placed copies of documents supporting the proposed 
partial deletion in the deletion dockets, made these items available 
for public inspection, and copying at the Regional Records Centers 
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 partially delete each 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 partially delete the site, 
the EPA 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 
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 Partial Site Deletion

    The sites to be 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
----------------------------------------------------------------------------------------------------------------
                                   City/county,
           Site name                  state                 Type              Docket No.           Footnote
----------------------------------------------------------------------------------------------------------------
Fort Ord......................  Marina, CA.......  Partial...............  EPA-HQ-SFUND-199  1, 2, 3.
                                                                            0-0010.
Lake Sandy Jo (M&M Landfill)..  Gary, IN.........  Partial...............  EPA-HQ-SFUND-198  1, 2, 3.
                                                                            3-0002.
Midwest Manufacturing/North     Kellogg, IA......  Partial...............  EPA-HQ-SFUND-198  1, 3.
 Farm.                                                                      6-0005.
Palmerton Zinc Pile...........  Palmerton, PA....  Partial...............  EPA-HQ-SFUND-198  ...................
                                                                            3-0002.
----------------------------------------------------------------------------------------------------------------


[[Page 74309]]

    Table 2 includes 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 https://www.regulations.gov.

                                 Table 2
____________________________________
                                                          Email address
           Site name               Media/parcels for       for public
                                   partial deletion         comments
____________________________________
Fort Ord......................  Soil media of           clancy.maeve@epa
                                 approximately 11,961    .gov.
                                 acres.
Lake Sandy Jo (M&M Landfill)..  Soil media of Landfill  deletions@usepa.
                                 Property and            onmicrosoft.com
                                 identified adjacent     .
                                 parcels of OU1 land.
Midwest Manufacturing/North     OU 1 North Farm.......  wennerstrom.davi
 Farm.                                                   [email protected].
Palmerton Zinc Pile...........  117 parcels in OU3....  [email protected].
------------------------------------------------------------------------

    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.

    Dated: November 6, 2020.
Dana Stalcup,
Acting Office Director, Office of Superfund Remediation and Technology 
Innovation.
[FR Doc. 2020-25622 Filed 11-19-20; 8:45 am]
BILLING CODE 6560-50-P