[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Rules and Regulations]
[Pages 10851-10853]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03147]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-OLEM-2022-0319; EPA-HQ-OLEM-2022-0527; EPA-HQ-OLEM-2022-0579; 
FRL-10632-02-OLEM]


Deletion From the National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) announces the 
deletion of one site and the partial deletion of two sites from the 
Superfund National Priorities List (NPL). The NPL, created under 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 have been completed. 
However, this deletion does not preclude future actions under 
Superfund.

DATES: The document is effective February 22, 2023.

ADDRESSES: 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. The Final Close-Out 
Report (FCOR, for a full site deletion) or the Partial Deletion 
Justification (PDJ, for a partial site deletion) is the primary 
document which summarizes site information to support the deletion. It 
is typically written for a broad, non-technical audience and this 
document is included in the deletion docket for each of the sites in 
this rulemaking. 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. Docket materials 
are available through https://www.regulations.gov or at the 
corresponding Regional Records Centers. Locations, addresses, and phone 
numbers of the Regional Records Center follows.
     Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61 
Forsyth Street SW, Mail code 9T25, Atlanta, GA 30303.
     Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund 
Division Records Manager, Mail code SRC-7J, Metcalfe Federal Building, 
7th Floor South, 77 West Jackson Boulevard, Chicago, IL 60604; 312/886-
4465.
     Region 6 (AR, LA, NM, OK, TX), US EPA Region 6 Records 
Center 1201 Elm

[[Page 10852]]

St., Suite 500, Dallas, TX 75270; 214/665-7544.
     EPA Headquarters Docket Center Reading Room (deletion 
dockets for all states), William Jefferson Clinton (WJC) West Building, 
Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004, (202) 
566-1744.
    EPA staff listed below in the FOR FURTHER INFORMATION CONTACT 
section may assist the public in answering inquiries about deleted 
sites and accessing deletion support documentation, determining whether 
there are additional physical deletion dockets available, or if COVID 
restrictions affect deletion docket access.
    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: 
     Leigh Lattimore, U.S. EPA Region 4 (AL, FL, GA, KY, MS, 
NC, SC, TN), [email protected], 404/562-8768.
     Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH, 
WI), [email protected], 312/886-1843.
     Brian Mueller, U.S. EPA Region 6 (AR, LA, NM, OK, TX), 
[email protected], 214/665-7167.
     Charles Sands, U.S. EPA Headquarters, 
[email protected], 202-566-1142.

SUPPLEMENTARY INFORMATION: The NPL, created under section 105 of 
CERCLA, as amended, is an appendix of the NCP. 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. Partial deletion of sites is in accordance 
with 40 CFR 300.425(e) and are consistent with the Notice of Policy 
Change: Partial Deletion of Sites Listed on the National Priorities 
List, 60 FR 55466, (November 1, 1995). The sites to be deleted are 
listed in Table 1, including docket information containing reference 
documents with the rationale and data principally relied upon by the 
EPA to determine that the Superfund response is complete. 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 in this SUPPLEMENTARY INFORMATION section, 
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. As described 
in 40 CFR 300.425(e)(3) of the NCP, a site or portion of a site deleted 
from the NPL remains eligible for Fund-financed remedial action if 
future conditions warrant such actions.

                                                     Table 1
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            Site name              City/county, state           Type              Docket No.         Footnote
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U.S. Finishing/Cone Mills.......  Greenville, SC.....  Partial..............  EPA-HQ-OLEM-2022-0
                                                                               579.
Wauconda Sand & Gravel..........  Wauconda, IL.......  Partial..............  EPA-HQ-OLEM-2022-0  1,2,3
                                                                               319.
River City Metal Finishing......  San Antonio, TX....  Full.................  EPA-HQ-OLEM-2022-0
                                                                               527.
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    Information concerning the sites to be deleted and partially 
deleted from the NPL, the proposed rule for the deletion and partial 
deletion of the sites, and information on receipt of public comment(s) 
and preparation of a Responsiveness Summary (if applicable) are 
included in Table 2.

                                                                         Table 2
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                                                                                                                                     Full site deletion
                                      Date,                                                                                           (full) or media/
            Site name                proposed            FR citation                Public comment         Responsiveness summary    parcels/description
                                       rule                                                                                         for partial deletion
--------------------------------------------------------------------------------------------------------------------------------------------------------
U.S. Finishing/Cone Mills........    8/17/2022  87 FR 50596.................  No.......................  No.......................  70-acres of Operable
                                                                                                                                     Unit 1 Main
                                                                                                                                     Facility which
                                                                                                                                     includes soil,
                                                                                                                                     surface water, and
                                                                                                                                     sediment.
Wauconda Sand & Gravel...........    8/17/2022  87 FR 50596.................  No.......................  No.......................  Approximately 76-
                                                                                                                                     acres of soil.
River City Metal Finishing.......    8/17/2022  87 FR 50596.................  Yes......................  Yes......................  Full.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    For the sites proposed for deletion, the closing date for comments 
in the proposed rule was September 16, 2022. The EPA received two 
public comments on the River City Metal Finishing site in this final 
rule. EPA placed the comments in the docket specified in Table 1, on 
https://www.regulations.gov, and in the appropriate Regional Records 
Center listed in the ADDRESSES section. One public comment was not 
germane to the proposed rulemaking. The second commentor believes 
CERCLA gives no guarantee that harm will not be done to public health 
again in the future at the site. The commenter believes if a site is no 
longer considered to be a hazard, it should be noted that it was once 
classified as a priority and ranked lower overall on the NPL rather 
than deleted from the NPL. In response, no hazardous substances, 
pollutants, or contaminants remain at the Site above levels that 
preclude unlimited use and unrestricted exposure. This means that under 
the current and future residential, commercial, and industrial land use 
scenarios, the site poses no unacceptable risks to human health and the 
environment. Thus, EPA concluded that no action is warranted under 
CERCLA, and the site can be deleted from the NPL.
    The deletion criteria for the Site have been met. A Responsiveness 
Summary was prepared and placed in the site deletion docket, EPA-HQ-
OLEM-2022-0527 on https://www.regulations.gov, and in the appropriate 
Regional Records Centers listed in the ADDRESSES section.
    For all other sites not specified above, no adverse comments were 
received.
    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

[[Page 10853]]

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.

Larry Douchand,
Office Director, Office of Superfund Remediation and Technology 
Innovation.

    For reasons set out in the preamble, the EPA amends 40 CFR part 300 
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. 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.


0
2. In Appendix B to part 300 amend Table 1 by:
0
a. Revising the entry for ``IL'', ``Wauconda Sand & Gravel'', 
``Wauconda'';
0
b. Removing the entry for ``TX'', ``River City Metal Finishing'', ``San 
Antonio''.
    The revision reads 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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                              * * * * * * *
IL.........  Wauconda Sand & Gravel.  Wauconda.........               P
 
                              * * * * * * *
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* P = Sites with partial deletion(s).


[FR Doc. 2023-03147 Filed 2-21-23; 8:45 am]
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