Deletions From the National Priorities List, 26419-26422 [2021-10133]
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Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations
regulatory actions that concern
environmental health or safety risks that
the EPA has reason to believe may
disproportionately affect children, per
the definition of ‘‘covered regulatory
action’’ in section 2–202 of the
Executive Order. This action is not
subject to Executive Order 13045
because it does not concern an
environmental health risk or safety risk.
[FR Doc. 2021–10216 Filed 5–13–21; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
H. Executive Order 13211: Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution or Use
[EPA–HQ–SFUND–1983–0002; EPA–HQ–
SFUND–1989–0008; EPA–HQ–SFUND–
1986–0005; EPA–HQ–SFUND–1990–0010;
FRL–10023–78–OLEM]
This action is not a ‘‘significant
energy action’’ within the meaning of
Executive Order 13211. It is not likely
to have a significant adverse effect on
the supply, distribution or use of
energy, and it has not otherwise been
designated as a significant energy action
by the Administrator of the Office of
Information and Regulatory Affairs
(OIRA).
Deletions From the National Priorities
List
I. National Technology Transfer and
Advancement Act (NTTAA)
This rulemaking does not involve
technical standards.
J. Executive Order 12898: Federal
Actions to Address Environmental
Justice in Minority Populations and
Low-Income Populations
The EPA believes that this action is
not subject to Executive Order 12898 (59
FR 7629, February 16, 1994) because it
does not establish an environmental
health or safety standard that results in
disproportionate impacts on minority
and low-income populations.
K. Congressional Review Act (CRA)
This rule is exempt from CRA because
it is a rule of agency organization,
procedure, or practice that does not
substantially affect the rights or
obligations of nonagency parties.
List of Subjects in 40 CFR Part 83
Environmental protection,
Administrative practice and procedure,
Reporting and recordkeeping
requirements.
Michael S. Regan,
Administrator.
khammond on DSKJM1Z7X2PROD with RULES
7601, the EPA removes and reserves 40
CFR part 83.
PART 83—[REMOVED AND
RESERVED]
For the reasons stated in the preamble,
and under the authority of 42 U.S.C.
■
VerDate Sep<11>2014
16:17 May 13, 2021
Jkt 253001
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) announces the partial
deletion of five sites from the Superfund
National Priorities List (NPL). The NPL,
created under 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.
SUMMARY:
The document is effective on
May 14, 2021.
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. 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
DATES:
PO 00000
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26419
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 Superfund Records
Center, 1650 Arch Street, Mail code
3SD42, Philadelphia, PA 19103; 215/
814–3024.
• 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 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, may not be 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), hass.andrew@
epa.gov, 215/814–2049
• Karen Cibulskis, U.S. EPA Region 5
(IL, IN, MI, MN, OH, WI),
cibulskis.karen@epa.gov, 312/886–
1843
• David Wennerstrom, U.S. EPA Region
7 (IA, KS, MO, NE),
wennerstrom.david@epa.gov, 913/
551–7996
• Eric Canteenwala, U.S. EPA Region 9
(AZ, CA, HI, NV, AS, GU, MP),
Canteenwala.eric@epa.gov, 415/972–
3932
• Chuck Sands, U.S. EPA Headquarters,
sands.charles@epa.gov, 703/603–8857
SUPPLEMENTARY INFORMATION: Table 1
includes the portions of the site (media
and areas) to be partially deleted from
the NPL.
E:\FR\FM\14MYR1.SGM
14MYR1
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Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations
TABLE 1
Docket No.
EPA–HQ–
SFUNDyear-docket ID
Site name
City/county,
state
Media/parcels for partial deletion
Palmerton Zinc Pile .......................
North Penn—Area 6 ......................
Palmerton, PA ..
Lansdale, PA ....
Lake Sandy Jo (M&M Landfill) ......
Gary, IN ............
Midwest Manufacturing/North
Farm.
Fort Ord .........................................
Kellogg, IA ........
117 parcels in OU3 ...............................................................................
1.66-acres soil and groundwater of the Second Administrative Parcel, 135 East Hancock Street.
Soil media of Landfill Property and identified adjacent parcels of OU1
land.
OU 1 North Farm ..................................................................................
1986–0005
Marina, CA .......
Soil media of approximately 11,934 acres1 ..........................................
1990–0010
1983–0002
1989–0008
1983–0002
Footnote 1 for Table 1: The acreage of the partial deletion for the Fort Ord Superfund site was incorrectly reported in the proposed rule as
11,961-acres due to an administrative error. The correct acreage is 11,934-acres. The names and descriptions of all parcels identified for partial
deletion were correct and remain unchanged.
The sites to be partially deleted from
the NPL, information concerning the
proposed rule for the partial deletion
including reference documents with the
rationale and data principally relied
upon by the EPA to determine that the
Superfund response is complete, public
comment and Responsiveness Summary
(RS) (if applicable) are included in
Table 2.
TABLE 2
Date, proposed rule
Site name
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Palmerton Zinc Pile .....................
North Penn—Area 6 ....................
Lake Sandy Jo (M&M Landfill) ....
Midwest Manufacturing/North
Farm.
Fort Ord .......................................
18:21 May 13, 2021
74306
86525
74306
74306
RS
Footnote
85
85
85
85
....
....
....
....
No .....................
Yes ...................
Yes ...................
No .....................
No .....................
Yes ...................
Yes ...................
No .....................
1, 2, 3
1, 2, 3
1, 3
11/20/2020
85 FR 74306 ....
Yes ...................
Yes ...................
1, 2, 3
Jkt 253001
FR
FR
FR
FR
Public comment
11/20/2020
12/30/2020
11/20/2020
11/20/2020
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 2 above, 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. All other
Superfund site areas and media will
remain on the NPL and are not being
considered for deletion as part of this
action.
The EPA received comments on three
of the sites included for partial deletion
in this final rule. EPA did not receive
adverse comments on the Palmerton
Zinc Pile and Midwest Manufacturing/
North Farm sites, therefore EPA will
proceed with the partial deletions. For
the North Penn—Area 6 site, the closing
date for comments on the Notice of
Intent to Delete was January 29, 2021.
Three public comments were received.
One comment supported the proposed
deletion. One comment was not related
to the proposed rulemaking partially
deleting the site from the NPL. The third
commentor questioned EPA’s technical
rationale for the proposed partial
VerDate Sep<11>2014
FR citation
deletion. EPA has determined that all
appropriate Fund-financed responses
under CERCLA have been implemented
at the 1.66-acre portion of the
approximately 650-acre North Penn—
Area 6 site proposed for deletion, and
this forms the basis for deciding that the
Second Administrative Parcel is eligible
for deletion. Response actions continue
for other portions of the site which
remain on the NPL. Further details of
the technical basis for partial deletion
are provided within documents in the
docket. EPA reviewed soil and
groundwater data, which indicate that
soil and groundwater contamination
levels do not warrant further response
actions within the Second
Administrative Parcel. Remedial Action
completion reports for soils (Operable
Unit 1) and groundwater (Operable Unit
3) are both included in the deletion
docket. EPA still believes the deletion
action is appropriate. A responsiveness
summary was prepared and placed in
the docket, EPA–HQ–SFUND–1989–
0008, on https://www.regulations.gov,
and in the Regional repository listed in
the ADDRESSES section.
For the Lake Sandy Jo (M&M Landfill)
site, the closing date for comments on
the Notice of Intent to Delete was
December 21, 2020. Three public
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comments were received. Two residents
living near the site submitted
comments. A third comment from
Regulations.gov included general
comments on the content and wording
of EPA’s November 20, 2020 Federal
Register notice. The two residents
commented on multiple issues and
expressed community concerns that the
site was still contaminated, and EPA
was proposing to delete the site to
eliminate EPA responsibility. EPA
contacted the residents, provided
additional information, and conducted a
virtual meeting to further explain the
proposed partial deletion of the land/
soil portion of the Landfill Property and
identified adjacent parcels. Continued
response actions will occur at portions
of the site which remain on the NPL.
EPA has determined that it is
appropriate to proceed with the deletion
because all response actions at the
portion of the Lake Sandy Jo site
proposed for deletion are complete and
the criteria for deletion have been met.
A responsiveness summary was
prepared and placed in the docket,
EPA–HQ–SFUND–1983–0002, on
https://www.regulations.gov, and in the
Regional repository listed in the
ADDRESSES section.
E:\FR\FM\14MYR1.SGM
14MYR1
26421
Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations
For the Fort Ord site, the closing date
for comments on the Notice of Intent to
Delete was December 21, 2020. Seven
submissions from five commenters
opposing the partial deletion were
received. Several comments questioned
the timing of the partial deletion
proposal at the end of the previous
Administration, subsequent to the
sunset of the Fort Ord Reuse Authority
in June 2020, and questioned the utility
of a partial deletion rather than a full
site deletion after all response work
would be complete at the site. EPA is
deleting portions of Fort Ord from the
NPL because they meet the-criteria for
site deletion, that all appropriate
response actions have been
implemented. EPA determined the
partial deletion was appropriate in
consultation with state agencies
including the California Department of
Toxic Substances Control and the
Central Coast Regional Water Quality
Control Board. The Fort Ord Reuse
Authority completed their clean-up
responsibilities and the sunset of the
Authority does not impact future cleanup. The Army will remain responsible
for the remaining site clean-up with
EPA and state oversight. Other
comments questioned the public
outreach activities at the site for the
partial deletion and dissemination of
information to new residents. The site
has robust public outreach activities,
even though COVID restrictions recently
imposed by the State impacted inperson community outreach activities at
Fort Ord. Several submissions from
commentors were received which
included historic information and
information about other sites which
were not accurate or germane for current
clean-up actions at portions of the Fort
Ord site proposed for partial deletion.
Comments included concerns about
residual munitions remaining after
clean-up and contamination from lead.
Lead contamination at the site is
primarily found at former small arms
training ranges; 162,800 cubic yards of
soil and 719,000 pounds of spent
ammunition were removed from the
former Site 3 Beach Trainfire Ranges,
now Fort Ord Dunes State Park. After
clean-up, bullets are occasionally found.
The Fort Ord Dunes State Park
personnel collect bullets as required by
state deed covenants and transfer them
to the Army for disposal. If suspected
munitions or explosives of concern are
found at Fort Ord Dunes State Park,
personnel notify the County bomb
squad and the Army. Several additional
small areas of lead contamination that
have not yet been addressed remain on
the NPL. Concerns were expressed
about per- and polyfluoroalkyl
substances (PFAS) compound
contamination. The following media
remain on the NPL: Groundwater, soil
gas and surface areas impacted by soil
gas, and all soil and groundwater media
associated with areas under evaluation
for the potential presence of
contamination from per- and
polyfluoroalkyl substances (PFAS)
compounds. A responsiveness summary
was prepared and placed in the docket,
EPA–HQ–SFUND–1990–0010, on
https://www.regulations.gov, and in the
Regional repository listed in the
ADDRESSES section.
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,
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
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.
2. Amend appendix B to part 300:
a. In Table 1 by revising the entries for
‘‘IA, Midwest Manufacturing/North
Farm, Kellogg’’; ‘‘IN, Lake Sandy Jo
(M&M Landfill), Gary’’; and ‘‘PA,
Palmerton Zinc Pile, Palmerton’’; and
■ b. In Table 2 by revising the entry for
‘‘CA, Fort Ord, Marina’’.
The revisions read as follows:
■
■
Appendix B to Part 300—National
Priorities List
TABLE 1—GENERAL SUPERFUND SECTION
Notes a
State
Site name
City/county
IA .................................
Midwest Manufacturing/North Farm ...............................................................
Kellogg ...............................................
P
*
IN ................................
*
*
*
Lake Sandy Jo (M&M Landfill) .......................................................................
*
*
Gary ...................................................
P
*
PA ...............................
*
*
*
Palmerton Zinc Pile ........................................................................................
*
*
Palmerton ...........................................
P
*
*
*
*
*
*
*
*
*
a*
khammond on DSKJM1Z7X2PROD with RULES
* *
P = Sites with partial deletion(s).
TABLE 2—FEDERAL FACILITIES SECTION
State
Site name
City/county
*
CA ...............................
*
*
*
Fort Ord ..........................................................................................................
*
*
Marina ................................................
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14MYR1
Notes a
*
P
26422
Federal Register / Vol. 86, No. 92 / Friday, May 14, 2021 / Rules and Regulations
TABLE 2—FEDERAL FACILITIES SECTION—Continued
State
Site name
*
*
*
*
(a) * * *
P = Sites with partial deletion(s).
*
*
*
[FR Doc. 2021–10133 Filed 5–13–21; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 21–49; RM–11874; DA 21–
524; FR ID 26159]
Television Broadcasting Services
Augusta, Georgia
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
On February 12, 2021, the
Media Bureau, Video Division (Bureau)
issued a Notice of Proposed Rulemaking
in response to a petition for rulemaking
filed by Gray Licensee, LLC (Licensee),
the licensee of WRDW–TV, channel 12
(CBS), Augusta, Georgia, requesting the
substitution of channel 27 for channel
12 at Augusta in the DTV Table of
Allotments. For the reasons set forth in
the Report and Order referenced below,
the Bureau amends FCC regulations to
substitute channel 27 for channel 12 at
Augusta.
DATES: Effective May 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Andrew Manley, Media Bureau, at (202)
418–0596 or Andrew Manley@fcc.gov.
SUPPLEMENTARY INFORMATION: The
proposed rule was published at 86 FR
13278 on March 8, 2021. The Petitioner
filed comments in support of the
petition reaffirming its commitment to
applying for channel 27. No other
comments were received. In support,
the Petitioner states that the
Commission has recognized that VHF
channels have certain propagation
characteristics which may cause
reception issues for some viewers, that
the reception of VHF signals require
larger antennas relative to UHF
channels, and that many of the WRDW–
TV viewers experience difficulty
receiving its signal. In addition,
operation on channel 27 will not result
in any predicted loss of service.
This is a synopsis of the
Commission’s Report and Order, MB
Docket No. 21–49; RM–11874; DA 21–
524, adopted May 5, 2021, and released
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
21:05 May 13, 2021
Jkt 253001
*
*
*
List of Subjects in 47 CFR Part 73
Television.
Federal Communications Commission.
Thomas Horan,
Chief of Staff Media Bureau.
Final Rule
For the reasons discussed in the
preamble, the Federal Communications
Commission amends 47 CFR part 73 as
follows:
PART 73—RADIO BROADCAST
SERVICE
1. The authority citation for part 73
continues to read as follows:
■
Authority: 47 U.S.C. 154, 155, 301, 303,
307, 309, 310, 334, 336, 339.
2. Amend § 73.622, in the table in
paragraph (i) (Post-Transition Table of
DTV Allotments), under Georgia, by
revising the entry for Augusta to read as
follows:
■
§ 73.622 Digital television table of
allotments.
*
*
(i) * * *
PO 00000
Frm 00076
*
*
*
May 5, 2021. The full text of this
document is available for download at
https://www.fcc.gov/edocs. To request
materials in accessible formats for
people with disabilities (braille, large
print, electronic files, audio format),
send an email to fcc504@fcc.gov or call
the Consumer & Governmental Affairs
Bureau at 202–418–0530 (voice), 202–
418–0432 (tty).
This document does not contain
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. In addition,
therefore, it does not contain any
proposed information collection burden
‘‘for small business concerns with fewer
than 25 employees,’’ pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4). Provisions of the Regulatory
Flexibility Act of 1980, 5 U.S.C. 601–
612, do not apply to this proceeding.
The Commission will send a copy of
this Report and Order in a report to be
sent to Congress and the Government
Accountability Office pursuant to the
Congressional review Act, see 5 U.S.C.
801(a)(1)(A).
*
Notes a
City/county
*
Fmt 4700
*
Sfmt 4700
Community
*
*
Channel No.
*
*
*
GEORGIA
*
*
*
Augusta .................................
*
*
*
*
*
27, 30, 31, 42
*
*
[FR Doc. 2021–10162 Filed 5–13–21; 8:45 am]
BILLING CODE 6712–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 73
[MB Docket No. 21–50; RM–11875; DA 21–
523; FR ID 26168]
Television Broadcasting Services Cape
Girardeau, Missouri
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
On February 12, 2021, the
Media Bureau, Video Division (Bureau)
issued a notice of proposed rulemaking
in response to a petition for rulemaking
filed by Gray Television Licensee, LLC
(Petitioner), the licensee of KFVS–TV,
channel 11 (CBS), Cape Girardeau,
Missouri, requesting the substitution of
channel 32 for channel 11 at Cape
Girardeau in the DTV Table of
Allotments. As a result of the
Commission’s Incentive Auction and
repacking process, KFVS was repacked
from channel 12 to channel 11. For the
reasons set forth in the Report and
Order referenced below, the Bureau
amends FCC regulations to substitute
channel 32 for channel 11 at Cape
Girardeau.
DATES: Effective May 14, 2021.
FOR FURTHER INFORMATION CONTACT:
Andrew Manley, Media Bureau, at (202)
418–0596 or Andrew.Manley@fcc.gov.
SUPPLEMENTARY INFORMATION: The
proposed rule was published at 86 FR
13516 on March 9, 2021. The Petitioner
filed comments in support of the
petition reaffirming its commitment to
applying for channel 32. No other
comments were received. In support,
SUMMARY:
E:\FR\FM\14MYR1.SGM
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]]>Agencies
[Federal Register Volume 86, Number 92 (Friday, May 14, 2021)]
[Rules and Regulations]
[Pages 26419-26422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-10133]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-1983-0002; EPA-HQ-SFUND-1989-0008; EPA-HQ-SFUND-1986-
0005; EPA-HQ-SFUND-1990-0010; FRL-10023-78-OLEM]
Deletions From the National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) announces the
partial deletion of five sites from the Superfund National Priorities
List (NPL). The NPL, created under 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.
DATES: The document is effective on May 14, 2021.
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. 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 Superfund
Records Center, 1650 Arch Street, Mail code 3SD42, Philadelphia, PA
19103; 215/814-3024.
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 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, may
not be 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 1 includes the portions of the site
(media and areas) to be partially deleted from the NPL.
[[Page 26420]]
Table 1
----------------------------------------------------------------------------------------------------------------
Docket No. EPA-
Site name City/county, state Media/parcels for partial HQ-SFUND- year-
deletion docket ID
----------------------------------------------------------------------------------------------------------------
Palmerton Zinc Pile................. Palmerton, PA.............. 117 parcels in OU3......... 1983-0002
North Penn--Area 6.................. Lansdale, PA............... 1.66-acres soil and 1989-0008
groundwater of the Second
Administrative Parcel, 135
East Hancock Street.
Lake Sandy Jo (M&M Landfill)........ Gary, IN................... Soil media of Landfill 1983-0002
Property and identified
adjacent parcels of OU1
land.
Midwest Manufacturing/North Farm.... Kellogg, IA................ OU 1 North Farm............ 1986-0005
Fort Ord............................ Marina, CA................. Soil media of approximately 1990-0010
11,934 acres\1\.
----------------------------------------------------------------------------------------------------------------
Footnote 1 for Table 1: The acreage of the partial deletion for the Fort Ord Superfund site was incorrectly
reported in the proposed rule as 11,961-acres due to an administrative error. The correct acreage is 11,934-
acres. The names and descriptions of all parcels identified for partial deletion were correct and remain
unchanged.
The sites to be partially deleted from the NPL, information
concerning the proposed rule for the partial deletion including
reference documents with the rationale and data principally relied upon
by the EPA to determine that the Superfund response is complete, public
comment and Responsiveness Summary (RS) (if applicable) are included in
Table 2.
Table 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Date, proposed
Site name rule FR citation Public comment RS Footnote
--------------------------------------------------------------------------------------------------------------------------------------------------------
Palmerton Zinc Pile.............. 11/20/2020 85 FR 74306.............. No....................... No....................... ....................
North Penn--Area 6............... 12/30/2020 85 FR 86525.............. Yes...................... Yes...................... 1, 2, 3
Lake Sandy Jo (M&M Landfill)..... 11/20/2020 85 FR 74306.............. Yes...................... Yes...................... 1, 2, 3
Midwest Manufacturing/North Farm. 11/20/2020 85 FR 74306.............. No....................... No....................... 1, 3
Fort Ord......................... 11/20/2020 85 FR 74306.............. Yes...................... Yes...................... 1, 2, 3
--------------------------------------------------------------------------------------------------------------------------------------------------------
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 2 above, 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. All other Superfund site
areas and media will remain on the NPL and are not being considered for
deletion as part of this action.
The EPA received comments on three of the sites included for
partial deletion in this final rule. EPA did not receive adverse
comments on the Palmerton Zinc Pile and Midwest Manufacturing/North
Farm sites, therefore EPA will proceed with the partial deletions. For
the North Penn--Area 6 site, the closing date for comments on the
Notice of Intent to Delete was January 29, 2021. Three public comments
were received. One comment supported the proposed deletion. One comment
was not related to the proposed rulemaking partially deleting the site
from the NPL. The third commentor questioned EPA's technical rationale
for the proposed partial deletion. EPA has determined that all
appropriate Fund-financed responses under CERCLA have been implemented
at the 1.66-acre portion of the approximately 650-acre North Penn--Area
6 site proposed for deletion, and this forms the basis for deciding
that the Second Administrative Parcel is eligible for deletion.
Response actions continue for other portions of the site which remain
on the NPL. Further details of the technical basis for partial deletion
are provided within documents in the docket. EPA reviewed soil and
groundwater data, which indicate that soil and groundwater
contamination levels do not warrant further response actions within the
Second Administrative Parcel. Remedial Action completion reports for
soils (Operable Unit 1) and groundwater (Operable Unit 3) are both
included in the deletion docket. EPA still believes the deletion action
is appropriate. A responsiveness summary was prepared and placed in the
docket, EPA-HQ-SFUND-1989-0008, on https://www.regulations.gov, and in
the Regional repository listed in the ADDRESSES section.
For the Lake Sandy Jo (M&M Landfill) site, the closing date for
comments on the Notice of Intent to Delete was December 21, 2020. Three
public comments were received. Two residents living near the site
submitted comments. A third comment from Regulations.gov included
general comments on the content and wording of EPA's November 20, 2020
Federal Register notice. The two residents commented on multiple issues
and expressed community concerns that the site was still contaminated,
and EPA was proposing to delete the site to eliminate EPA
responsibility. EPA contacted the residents, provided additional
information, and conducted a virtual meeting to further explain the
proposed partial deletion of the land/soil portion of the Landfill
Property and identified adjacent parcels. Continued response actions
will occur at portions of the site which remain on the NPL. EPA has
determined that it is appropriate to proceed with the deletion because
all response actions at the portion of the Lake Sandy Jo site proposed
for deletion are complete and the criteria for deletion have been met.
A responsiveness summary was prepared and placed in the docket, EPA-HQ-
SFUND-1983-0002, on https://www.regulations.gov, and in the Regional
repository listed in the ADDRESSES section.
[[Page 26421]]
For the Fort Ord site, the closing date for comments on the Notice
of Intent to Delete was December 21, 2020. Seven submissions from five
commenters opposing the partial deletion were received. Several
comments questioned the timing of the partial deletion proposal at the
end of the previous Administration, subsequent to the sunset of the
Fort Ord Reuse Authority in June 2020, and questioned the utility of a
partial deletion rather than a full site deletion after all response
work would be complete at the site. EPA is deleting portions of Fort
Ord from the NPL because they meet the-criteria for site deletion, that
all appropriate response actions have been implemented. EPA determined
the partial deletion was appropriate in consultation with state
agencies including the California Department of Toxic Substances
Control and the Central Coast Regional Water Quality Control Board. The
Fort Ord Reuse Authority completed their clean-up responsibilities and
the sunset of the Authority does not impact future clean-up. The Army
will remain responsible for the remaining site clean-up with EPA and
state oversight. Other comments questioned the public outreach
activities at the site for the partial deletion and dissemination of
information to new residents. The site has robust public outreach
activities, even though COVID restrictions recently imposed by the
State impacted in-person community outreach activities at Fort Ord.
Several submissions from commentors were received which included
historic information and information about other sites which were not
accurate or germane for current clean-up actions at portions of the
Fort Ord site proposed for partial deletion. Comments included concerns
about residual munitions remaining after clean-up and contamination
from lead. Lead contamination at the site is primarily found at former
small arms training ranges; 162,800 cubic yards of soil and 719,000
pounds of spent ammunition were removed from the former Site 3 Beach
Trainfire Ranges, now Fort Ord Dunes State Park. After clean-up,
bullets are occasionally found. The Fort Ord Dunes State Park personnel
collect bullets as required by state deed covenants and transfer them
to the Army for disposal. If suspected munitions or explosives of
concern are found at Fort Ord Dunes State Park, personnel notify the
County bomb squad and the Army. Several additional small areas of lead
contamination that have not yet been addressed remain on the NPL.
Concerns were expressed about per- and polyfluoroalkyl substances
(PFAS) compound contamination. The following media remain on the NPL:
Groundwater, soil gas and surface areas impacted by soil gas, and all
soil and groundwater media associated with areas under evaluation for
the potential presence of contamination from per- and polyfluoroalkyl
substances (PFAS) compounds. A responsiveness summary was prepared and
placed in the docket, EPA-HQ-SFUND-1990-0010, on https://www.regulations.gov, and in the Regional repository listed in the
ADDRESSES section.
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,
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. Amend appendix B to part 300:
0
a. In Table 1 by revising the entries for ``IA, Midwest Manufacturing/
North Farm, Kellogg''; ``IN, Lake Sandy Jo (M&M Landfill), Gary''; and
``PA, Palmerton Zinc Pile, Palmerton''; and
0
b. In Table 2 by revising the entry for ``CA, Fort Ord, Marina''.
The revisions read as follows:
Appendix B to Part 300--National Priorities List
Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
State Site name City/county Notes a
----------------------------------------------------------------------------------------------------------------
IA............................. Midwest Manufacturing/ Kellogg............... P
North Farm.
* * * * * * *
IN............................. Lake Sandy Jo (M&M Gary.................. P
Landfill).
* * * * * * *
PA............................. Palmerton Zinc Pile... Palmerton............. P
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ * * *
P = Sites with partial deletion(s).
Table 2--Federal Facilities Section
----------------------------------------------------------------------------------------------------------------
State Site name City/county Notes a
----------------------------------------------------------------------------------------------------------------
* * * * * * *
CA............................. Fort Ord.............. Marina................ P
[[Page 26422]]
* * * * * * *
----------------------------------------------------------------------------------------------------------------
* * * * * *
\(a)\ * * *
P = Sites with partial deletion(s).
[FR Doc. 2021-10133 Filed 5-13-21; 8:45 am]
BILLING CODE 6560-50-P
