[Federal Register Volume 89, Number 159 (Friday, August 16, 2024)]
[Rules and Regulations]
[Pages 66612-66614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-17933]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-OLEM-2023-0470; EPA-HQ-OLEM-2023-0471; EPA-HQ-OLEM-2023-0571; 
EPA-HQ-OLEM-2023-0594; EPA-HQ-OLEM-2024-0014; FRL-11693-02-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 partial deletion of four 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 August 16, 2024.

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 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New 
York, NY 10007- 1866; 212/637-4308.
     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.

[[Page 66613]]

     Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop 
Street, Mail code Records Center, Denver, CO 80202-1129; 303/312-7273.
     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, accessing deletion support documentation, and determining 
whether there are additional physical deletion dockets available.

FOR FURTHER INFORMATION CONTACT: 
     Mabel Garcia, U.S. EPA Region 2 (NJ, NY, PR, VI), 
[email protected], 212/637-4356.
     Alayna Famble, U.S. EPA Region 4 (AL, FL, GA, KY, MS, NC, 
SC, TN), [email protected], 470/445-0744.
     Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH, 
WI), [email protected], 312/886-1843.
     Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY), 
[email protected], 303/312-6689.
     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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Allied Paper/Portage Ck/          Kalamazoo, MI......  Partial............  EPA-HQ-OLEM-2023-04  1, 2, 3
 Kalamazoo River.                                                            70.
South Minneapolis Residential     Minneapolis, MN....  Partial............  EPA-HQ-OLEM-2023-04  ...............
 Soil Contamination.                                                         71.
Libby Asbestos..................  Libby, MT..........  Partial............  EPA-HQ-OLEM-2023-05  1, 3
                                                                             71.
Lipari Landfill.................  Pitman, NJ.........  Full...............  EPA-HQ-OLEM-2023-05  1, 2, 3
                                                                             94.
Sapp Battery Salvage............  Cottondale, FL.....  Partial............  EPA-HQ-OLEM-2024-00  1, 3
                                                                             14.
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    Information concerning the sites to be deleted and partially 
deleted from the NPL, and the proposed rule for the deletion and 
partial deletion of the sites, are included in table 2.

                                                                         Table 2
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                                                                                                                                     Full site deletion
                                      Date, proposed                                                                                  (full) or media/
             Site name                     rule            FR citation           Public comment          Responsiveness summary     parcels/description
                                                                                                                                    for partial deletion
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Allied Paper/Portage Ck/Kalamazoo           2/16/2024         89 FR 12293  No........................  No........................  A portion of land/
 River.                                                                                                                             soil from OU 2, the
                                                                                                                                    Area East of Davis
                                                                                                                                    Creek and the Non-
                                                                                                                                    Easement Portion of
                                                                                                                                    the Area East of
                                                                                                                                    Davis Creek
                                                                                                                                    Extension Area of
                                                                                                                                    the Willow Boulevard/
                                                                                                                                    A-Site (WB/A-Site).
South Minneapolis Residential Soil          2/16/2024         89 FR 12293  No........................  No........................  Three residential
 Contamination.                                                                                                                     properties.
Libby Asbestos....................          2/16/2024         89 FR 12293  Yes.......................  No........................  400-acre industrial
                                                                                                                                    park OU 5.
Lipari Landfill...................          2/16/2024         89 FR 12293  Yes.......................  Yes.......................  Full.
Sapp Battery Salvage..............          2/16/2024         89 FR 12293  Yes.......................  No........................  Soils, sediments and
                                                                                                                                    surface water
                                                                                                                                    portions of OU 1 and
                                                                                                                                    OU 3.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 66614]]

    For the sites proposed for deletion, the closing date for comments 
in the proposed rule was March 18, 2024. The EPA received one public 
comment for the Lipari Landfill site, one public comment for the Sapp 
Battery Salvage site and one public comment for the Libby Asbestos site 
in this final rule. The EPA received no public comments for any of the 
other two sites in this final rule. EPA placed the comments, and a 
Responsiveness Summary, if prepared, in the docket specified in table 
1, on https://www.regulations.gov, and in the appropriate Regional 
Records Center listed in the ADDRESSES section. The commenter for the 
Lipari Landfill site was unclear why the site was being removed from 
the NPL but noted appreciation for taking action and deletion from the 
NPL of sites affected by pollution and acknowledged favorably the EPA 
conducting five-year reviews. As detailed in the FCOR, multiple 
activities were undertaken to address contamination at the Lipari 
Landfill site, including among others: capping of the former landfill, 
collection and treatment of contaminated groundwater, and regular 
monitoring of the site to ensure these actions remain protective. The 
Lipari Landfill FCOR was included as part of the docket and EPA 
provided information on how to access the docket to access the FCOR. 
Thus, EPA concluded the deletion criteria for the Site have been 
documented and met as detailed in the FCOR and docket and that the site 
can be deleted from the NPL. One public comment was received for the 
Sapp Battery Salvage site, but EPA did not consider the submission to 
be an adverse public comment and no Responsiveness Summary was 
prepared. One public comment was received for the Libby Asbestos site 
supportive of the proposed partial deletion and no Responsiveness 
Summary was prepared.
    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.

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 ``FL'', ``Sapp Battery Salvage'', 
``Cottondale''.
0
b. Revising the entry for ``MI'', ``Allied Paper/Portage Ck/Kalamazoo 
River'', ``Kalamazoo''.
0
c. Removing the entry for ``NJ'', ``Lipari Landfill'', ``Pitman''.
    The revisions 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 *
----------------------------------------------------------------------------------------------------------------
 
                                                   * * * * * *
FL.....................................  Sapp Battery Salvage......  Cottondale................               P
 
                                                   * * * * * *
MI.....................................  Allied Paper/Portage Ck/    Kalamazoo.................               P
                                          Kalamazoo River.
 
                                                   * * * * * *
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* P = Sites with partial deletion(s).


[FR Doc. 2024-17933 Filed 8-15-24; 8:45 am]
BILLING CODE 6560-50-P