[Federal Register Volume 90, Number 42 (Wednesday, March 5, 2025)]
[Rules and Regulations]
[Pages 11218-11220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-03227]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-OLEM-2022-0733; EPA-HQ-OLEM-2023-0602; EPA-HQ-OLEM-2024-0294;
EPA-HQ-OLEM-2024-0326; FRL-12112-02-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 three 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 March 5, 2025.
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.
[[Page 11219]]
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 9 (AZ, CA, HI, NV, GU, AS, MP), U.S. EPA, 75
Hawthorne Street, San Francisco, CA 94105; 415/947-8000.
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.
Anhtu Nguyen, U.S. EPA Region 9 (AZ, CA, HI, NV, GU, AS,
MP), [email protected], 415/972-3443.
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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Del Amo........................ Los Angeles, CA... Partial................ EPA-HQ-OLEM-2022-0 1, 3
733.
Mercury Refining, Inc.......... Colonie, NY....... Full................... EPA-HQ-OLEM-2023-0 1, 2, 3
602.
Lawrence Aviation Industries, Port Jefferson Partial................ EPA-HQ-OLEM-2024-0 1, 2, 3
Inc. Station, NY. 294.
Redstone Arsenal (USARMY/NASA). Huntsville, AL.... Partial................ EPA-HQ-OLEM-2024-0 1, 3
594.
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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, (full) or media/
Site name proposed FR citation Public comment Responsiveness summary parcels/description
rule for partial deletion
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Del Amo........................... 8/16/2024 89 FR 66665............... Yes....................... Yes...................... Ten parcels and one
road section
located in Operable
Unit 1.
Mercury Refining, Inc............. 8/16/2024 89 FR 66665............... No........................ No....................... Full.
Lawrence Aviation Industries, Inc. 8/16/2024 89 FR 66665............... No........................ No....................... 125-acre land/soils
portion of the Site
and all groundwater
not included in
Figure 2 of the
PDJ, which shows
the remaining
groundwater plume.
Redstone Arsenal (USARMY/NASA).... 8/16/2024 89 FR 66665............... No........................ No....................... Soils and sediments
from Operable Unit
8.
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For the sites proposed for deletion, the closing date for comments
in the proposed rule was September 16, 2024. The EPA extended the
public comment period for the proposed partial deletion of the Del Amo
site until November 16, 2024. The EPA received five submissions for the
Del Amo site, each with multiple comments. The EPA received no public
comment for any of the other three sites in this final rule. The EPA
prepared a Responsiveness Summary to address public comment for the Del
Amo site partial deletion. The EPA placed the public submissions with
comments and Responsiveness Summary for the Del Amo site in the docket
specified in Table 1, on https://www.regulations.gov, and in the
appropriate Regional Records Center listed in the ADDRESSES section.
Commenters for the Del Amo site expressed concerns that portions of
the site proposed for deletion still contain contamination. The EPA
believes the portions of the site proposed for deletion from the NPL
does not contain contamination exceeding residential risk screening
levels, and the EPA is proposing to delete only the portions of the
site where all appropriate response actions are completed, and cleanup
goals met. The EPA clarified which areas are included in the proposed
deletion, whether the areas included in the area proposed for deletion
were
[[Page 11220]]
studied during the Remedial Investigation, and what work was performed
at those portions of the site to clean them up. Other commenters
expressed concern about groundwater contamination and operating
groundwater remedies. The EPA wants to make clear that the proposed
partial deletion will have no effect on the groundwater remedy, which
is part of the Dual Site Groundwater Operable Unit for the Montrose
Chemical and Del Amo Superfund Sites. The proposed partial deletion
includes surface and subsurface soils, but not groundwater, for
specified areas of Operable Unit 1 of the Del Amo site. Commenters
requested information about how the Building Permit Review
Institutional Control Layer 2 (Building Permit Review) works and
expressed concern about how the EPA will protect against contaminated
dust from the soil in the deleted parcels during construction and
redevelopment. The EPA explained Institutional Control Layer 2
(Building Permit Review) creates a process where building permits
applications are reviewed by the Del Amo Environmental Review Team, who
then prepares and submits a Screening Evaluation Summary Report. The
Screening Evaluation Summary Report, which is reviewed and approved by
the EPA, includes an evaluation of the potential for exposure to
impacted material during performance of the construction project based
on existing environmental data, locations and documented historic
information concerning types of former rubber plant facilities and
their operation, and findings from previously issued reports, as well
as recommendations for mitigating risks as applicable. Commenters also
expressed concerns that the Institutional Controls are insufficient to
protect trench workers who may encounter contaminated soil at depth in
the deleted portions of the Site. The EPA has investigated
concentrations of chemicals of concern within the soil in the site area
proposed for deletion and determined that concentrations of the
chemicals of concern within the soil do not present a risk to human
health or the environment under a residential use or worker scenario.
In addition, out of an abundance of caution, Institutional Control
Layers 1 and 2 will remain in place following the partial deletion.
Keeping them in place helps ensure current and future owners and
tenants are aware of the site's history. All these comments were
carefully considered in the EPA's final decision to delete a portion of
the Del Amo Site from the NPL. The EPA is proceeding with the partial
deletion action as originally proposed.
Thus, the EPA concluded the deletion criteria for all four sites
were met and documented in the specified dockets, and that the
specified deletion actions from the NPL can proceed.
The 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.
Dated: February 7, 2025.
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 mp., 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 ``CA'', ``Del Amo'', ``Los Angeles''.
0
b. Revising the entry for ``NY'', ``Lawrence Aviation Industries,
Inc.'', ``Port Jefferson Station''.
0
c. Removing the entry for ``NY'', ``Mercury Refining, Inc'',
``Colonie''.
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 (a)
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* * * * * * *
CA............................ Del Amo..................... Los Angeles............ P
* * * * * * *
NY............................ Lawrence Aviation, Inc...... Port Jefferson Station. P
* * * * * * *
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* P = Sites with partial deletion(s).
[FR Doc. 2025-03227 Filed 3-4-25; 8:45 am]
BILLING CODE 6560-50-P