[Federal Register Volume 85, Number 250 (Wednesday, December 30, 2020)]
[Proposed Rules]
[Pages 86525-86527]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-28839]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1989-0008; FRL-10018-19-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 partially delete the North Penn--Area 6 site 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 
Commonwealth of Pennsylvania, through its designated state agency, have 
determined that all appropriate response actions under CERCLA, other 
than operations and maintenance, monitoring and five-year reviews, 
where applicable, have been completed. However, this proposed deletion 
would not preclude future actions under Superfund.

DATES: Comments regarding this proposed listing must be submitted on or 
before January 29, 2021.

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 
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 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

[[Page 86526]]

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 Center. Location, 
address, and phone number of the Regional Records Center follows.
    Regional Records Center:
     Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA Records 
Center, 1650 Arch Street, Mail code 3SD2, Philadelphia, PA 19103; 215/
814-3024.
    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: 
     Huu Ngo, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV), 
[email protected], 215/814-3187.
     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 one site from 
the National Priorities List (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). This partial 
deletion 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, November 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 of this document discusses procedures 
that EPA is using for this action. Section IV of this document 
discusses the 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 partial deletion of the site 
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 state, through their designated state agency, has 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 the site. 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 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 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 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

[[Page 86527]]

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 site 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
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            Site name               City/county, state          Type              Docket No.         Footnote
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North Penn--Area 6...............  Lansdale, PA.......  Partial............  EPA-HQ-SFUND-1989-0         1, 2, 3
                                                                              008.
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    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
________________________________________________________
                                             Media/parcels for partial
                Site name                             deletion               Email address for public comments
________________________________________________________
North Penn_Area 6......................  1.66-acres soil and groundwater  [email protected].
                                           of the Second Administrative
                                           Parcel, 135 East Hancock
                                           Street.
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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.

    Dated: December 18, 2020.
Dana Stalcup,
Acting Office Director, Office of Superfund Remediation and Technology 
Innovation.
[FR Doc. 2020-28839 Filed 12-29-20; 8:45 am]
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