Proposed Deletion From the National Priorities List, 16135-16138 [2022-05555]

Download as PDF lotter on DSK11XQN23PROD with PROPOSALS1 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules ppm; wheat, straw at 0.01 ppm; cattle, fat at 0.03 ppm; cattle, kidney at 0.03 ppm; cattle, liver at 0.05 ppm; cattle, meat at 0.01 ppm; cattle, meat byproducts at 0.05 ppm; milk at 0.01 ppm; milk, cream at 0.01 ppm; goat, fat at 0.03 ppm; goat, kidney at 0.03 ppm; goat, liver at 0.05 ppm; goat, meat at 0.01 ppm; goat, meat byproducts at 0.05 ppm; horse, fat at 0.03 ppm; horse, kidney at 0.03 ppm; horse, liver at 0.05 ppm; horse, meat at 0.01 ppm; horse, meat byproducts at 0.05 ppm; sheep, fat at 0.03 ppm; sheep, kidney at 0.03 ppm; sheep, liver at 0.05 ppm; sheep, meat at 0.01 ppm; sheep, meat byproducts at 0.05 ppm; poultry (muscle, fat, offal) at 0.01 ppm; birds’ egg at 0.01 ppm. For Analytical Method Food: QuEChERS multi-residue method has been validated and independently validated for post-registration monitoring of SYN547407 for compliance with MRLs and import tolerances in plant commodities at an LOQ of 0.01 mg/kg. For Analytical Method Livestock: QuEChERS multi-residue method (EN 15662:2008) has been validated and independently validated for postregistration monitoring of SYN547407 in all animal commodities (and SYN549436 and SYN549544 in ruminant liver and kidney) for compliance with MRLs and import tolerances for animal commodities at an LOQ of 0.01 mg/kg. Contact: RD. 2. PP 1E8910. (EPA–HQ–OPP–2022– 0139). Dow AgroSciences LLC, 9330 Zionsville Rd., Indianapolis, IN 46268, requests to establish a tolerance in 40 CFR part 180 for residues of the insecticide methoxyfenozide in or on coffee at 0.15 ppm and sugarcane at 0.03 ppm. The Liquid Chromatography with Tandem Mass Spectrometry Detection (Method GRM 02.25) is used to measure and evaluate the methoxyfenozide residues. Contact: RD. 3. PP 1F8940. (EPA–HQ–OPP–2021– 0787). SePRO Corporation, 11550 North Meridian Street, Suite 600, Carmel, IN 46032, requests to establish tolerances in 40 CFR 180.420(a)(2) for residues of the herbicide fluridone, 1-methyl-3phenyl-5-[3-(trifluoromethyl)phenyl]4(1H)-pyridinone, including its metabolites and degradates, in or on the raw agricultural commodities of berry and small fruit, group 13–07; fruit, citrus, group 10–10; fruit, pome, group 11–10; tropical and subtropical, small fruit, edible peel subgroup 23A; tropical and subtropical, medium to large fruit, smooth, inedible peel subgroup 24B; hop, dried cones; nut, tree, group 14–12; and rice, grain at 0.1 ppm and animal feed, nongrass, group 18 and grass, forage, fodder and hay, group 17 at 0.15 ppm. The enzyme-linked VerDate Sep<11>2014 16:35 Mar 21, 2022 Jkt 256001 immunosorbant assay (ELISA), high performance liquid chromatography with ultraviolet detection (HLPC/UV), liquid chromatography with tandem mass spectroscopy (LC–MSMS) and QuEChERS are used to measure and evaluate the chemical residues. Contact: RD. 4. PP 1F8950. (EPA–HQ–OPP–2021– 0788). Nippon Soda Co., Ltd., ShinOhtemachi Bldg., 2–1, 2-Chome Ohtemachi, Chiyoda-ku, Tokyo, 100– 8165, Japan, requests to establish a tolerance in 40 CFR part 180 for residues of the fungicide, cyflufenamid, in or on sugar beets at 0.07 ppm. Solvent extraction and analysis by LC/ MS/MS are used to measure and evaluate the chemical Cyflufenamid. Contact: RD. 5. PP 1F8972. (EPA–HQ–OPP–2022– 0134). Tessenderlo Kerley, Inc./ NovaSource, 2910 N 44th Street, Suite 100, Phoenix, AZ 85018 USA, requests to establish a tolerance in 40 CFR part 180 for residues of the herbicide linuron in or on alfalfa, forage at 1.0 ppm and alfalfa, hay at 3.0 ppm. The HPLC–MS/ MS residue analytical method is used to measure and evaluate the chemical linuron. Contact: RD. 6. PP 1F8978. (EPA–HQ–OPP–2022– 0257). Belchim Crop Protection US Corporation, 2751 Centreville Road, Suit 100, Wilmington, Delaware 19808, requests to establish a tolerance in 40 CFR part 180 for residues of the herbicide pyridate in or on dry peas and soybeans at 0.05 ppm. The HPLC–MS/ MS residue analytical method is used to measure and evaluate the chemical pyridate and the herbicidal active principle, CL 9673. Contact: RD. Authority: 21 U.S.C. 346a. Dated: March 14, 2022. Delores Barber, Director, Information Technology and Resources Management Division, Office of Program Support. [FR Doc. 2022–06046 Filed 3–21–22; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 16135 ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1990–0010, EPA–HQ– 1994–0001; EPA–HQ–SFUND–2002–0008, EPA–HQ–SFUND–2003–0010, EPA–HQ– OLEM–2021–0797, EPA–HQ–OLEM–2021– 0798, –EPA–HQ–OLEM–2021–0815; EPA– HQ–OLEM–2021–0922, EPA–HQ–OLEM– 2021–0934, EPA–HQ–OLEM–2021–0935, EPA–HQ–OLEM–2022–0111; FRL–9172–01– OLEM] Proposed Deletion From the National Priorities List Environmental Protection Agency (EPA). ACTION: Proposed rule; notice of intent. AGENCY: The Environmental Protection Agency (EPA) is issuing a Notice of Intent to delete five sites and partially delete six sites from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to 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 state, through its designated state agency, have determined that all appropriate response actions under CERCLA, other than operations and maintenance of the remedy, monitoring and five-year reviews, where applicable, have been completed. However, this deletion does not preclude future actions under Superfund. DATES: Comments regarding this proposed action must be submitted on or before April 21, 2022. 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 SUMMARY: E:\FR\FM\22MRP1.SGM 22MRP1 lotter on DSK11XQN23PROD with PROPOSALS1 16136 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules 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 https://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 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 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 VerDate Sep<11>2014 16:35 Mar 21, 2022 Jkt 256001 not publicly available, i.e., CBI 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 Centers follows. Regional Records Center: • Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA, Superfund Records and Information Center, 5 Post Office Square, Suite 100, Boston, MA 02109– 3912; 617/918–1413. • Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1650 Arch Street, Mail code 3SD42, Philadelphia, PA 19103; 215/814–3024. • Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61 Forsyth Street SW, Mail code 9T25, Atlanta, GA 30303; 404/562–8637. • 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 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop Street, Mail code Records Center, Denver, CO 80202–1129; 303/312–7273. 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: • Robert Lim, U.S. EPA Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA, lim.robert@epa.gov, 617/918–1392. • Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV), hass.andrew@epa.gov, 215/814–2049. • Leigh Lattimore or Brian Farrier, U.S. EPA Region 4 (AL, FL, GA, KY, PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 MS, NC, SC, TN), lattimore.leigh@ epa.gov or farrier.brian@epa.gov, 404/ 562–8768 or 404/562–8952. • 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. • Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY), kiefer.linda@epa.gov, 303/312–6689. • Chuck Sands, U.S. EPA Headquarters, sands.charles@epa.gov. 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 delete five sites and partially delete six sites 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). These partial deletions are 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 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. EPA will accept comments on the proposal to delete or partially delete these sites 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 site or 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. E:\FR\FM\22MRP1.SGM 22MRP1 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules 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 deletion or partial deletion of the sites in this proposed rule: (1) EPA consulted with the respective state before developing this Notice of Intent for deletion. (2) EPA has provided the state 30 working days for review of site deletion documents prior to publication of this Notice of Intent to Delete in the Federal Register. (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 deletion action. (5) Concurrently, with the publication of this Notice of Intent for 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 deletion. (6) The EPA placed copies of documents supporting the proposed 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 delete or 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 delete or partially delete the site, the EPA will publish a final Notice of 16137 Deletion or 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 site or a portion of a site from the NPL does not itself create, alter, or revoke any individual’s rights or obligations. Deletion of a site or a portion of a site from the NPL does not in any way 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 Full Site or Partial Site Deletion The site to be deleted or 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. lotter on DSK11XQN23PROD with PROPOSALS1 TABLE 1 Site name City/county, state Type Docket number McKin Co ............................................. Tybouts Corner Landfill ....................... C&R Battery Co., Inc ........................... Chem-Solv, Inc .................................... Koppers Co., Inc (Charleston Plant) ... Brantley Landfill ................................... Summit National .................................. Himco Dump ........................................ Bee Cee Manufacturing Co ................. Omaha Lead ........................................ Libby Asbestos .................................... Gray, ME ............................................. New Castle County, DE ...................... Chesterfield County, VA ...................... Cheswold, DE ...................................... Charleston, SC .................................... Island, KY ............................................ Deerfield Township, OH ...................... Elkhart, IN ............................................ Malden, MO ......................................... Omaha, NE .......................................... Libby, MT ............................................. Full ......... Partial ..... Full ......... Full ......... Partial ..... Full ......... Partial ..... Partial ..... Full ......... Partial ..... Partial ..... EPA–HQ–OLEM–2021–0922 .............. EPA–HQ–OLEM–2021–0797 .............. EPA–HQ–OLEM–2021–0798 .............. EPA–HQ–OLEM–2021–0934 .............. EPA–HQ–SFUND–1994–0001 ............ EPA–HQ–OLEM–2022–0111 .............. EPA–HQ–OLEM–2021–0815 .............. EPA–HQ–SFUND–1990–0010 ............ EPA–HQ–OLEM–2021–0935 .............. EPA–HQ–SFUND–2003–0010 ............ EPA–HQ–SFUND–2002–0008 ............ Table 2 includes information concerning whether the full site is proposed for deletion from the NPL or a description of the area, media or VerDate Sep<11>2014 16:35 Mar 21, 2022 Jkt 256001 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 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 Footnote 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 1, 2, 3 2, 3 3 3 3 2, 3 3 3 3 3 3 the commenter does not comment using https://www.regulations.gov. E:\FR\FM\22MRP1.SGM 22MRP1 16138 Federal Register / Vol. 87, No. 55 / Tuesday, March 22, 2022 / Proposed Rules TABLE 2 Site name Full site deletion (full) or media/parcels/ description for partial deletion Email address for public comments McKin Co ........................................................... Tybouts Corner Landfill ...................................... Full .................................................................... 2 parcels soil and groundwater approx. 78 acres. Full .................................................................... Full .................................................................... 98 acres of soils, sediments and tidal marsh .. Full .................................................................... Land/soil portion of landfill, adjacent removal areas, and 45 down gradient parcels. 11.5-acre land/soil portion of the site plus adjacent soils. Full .................................................................... 23 residential parcels ....................................... OU 6 including 42 miles of railroad right of way between and in the towns of Libby and Troy, MT. bryant.john@epa.gov. hinkle.chris@epa.gov, vallone.chris@epa.gov. C&R Battery Co., Inc ......................................... Chem-Solv, Inc .................................................. Koppers Co., Inc (Charleston Plant) .................. Brantley Landfill ................................................. Summit National ................................................. Himco Dump ...................................................... Bee Cee Manufacturing Co ............................... Omaha Lead ...................................................... Libby Asbestos ................................................... 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: March 10, 2022. Dana Stalcup, Acting Office Director, Office of Superfund Remediation and Technology Innovation. [FR Doc. 2022–05555 Filed 3–21–22; 8:45 am] lotter on DSK11XQN23PROD with PROPOSALS1 BILLING CODE 6560–50–P VerDate Sep<11>2014 16:35 Mar 21, 2022 Jkt 256001 DEPARTMENT OF LABOR Office of Federal Contract Compliance Programs 41 CFR Parts 60–1, 60–2, 60–4, 60–20, 60–30, 60–40, 60–50, 60–300, and 60– 741 RIN 1250–AA14 Pre-Enforcement Notice and Conciliation Procedures Office of Federal Contract Compliance Programs, Labor. ACTION: Notice of proposed rulemaking; request for comments. AGENCY: To promote the efficient and effective enforcement of laws and regulations applicable to Federal contractors and subcontractors, the Office of Federal Contract Compliance Programs (OFCCP) proposes to modify regulations that delineate procedures and standards the agency follows when issuing pre-enforcement notices and securing compliance through conciliation. This proposal would support OFCCP in fulfilling its mission to ensure equal employment opportunity. SUMMARY: To be assured of consideration, comments must be received on or before April 21, 2022. ADDRESSES: You may submit comments, identified by Regulation Identifier Number (RIN) 1250–AA14, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 693–1304 (for comments of six pages or less). • Mail: Tina T. Williams, Director, Division of Policy and Program Development, OFCCP, Room C–3325, DATES: PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 guerroero.karla@epa.gov. hinkle.chris@epa.gov, vallone.chris@epa.gov. zellar.craig@epa.gov. jackson.brad@epa.gov. Deletions@usepa.onmicrosoft.com. Deletions@usepa.onmicrosoft.com. wennerstrom.david@epa.gov. wennerstrom.david@epa.gov. zinner.dania@epa.gov. 200 Constitution Avenue NW, Washington, DC 20210. Instructions: Please submit only one copy of your comments by only one method. Commenters submitting file attachments on https:// www.regulations.gov are advised that uploading text-recognized documents, i.e., documents in a native file format or documents that have undergone optical character recognition (OCR), enable staff at the Department to more easily search and retrieve specific content included in your comment for consideration. Please be advised that comments received will become a matter of public record and will be posted without change to https:// www.regulations.gov, including any personal information provided. Commenters submitting comments by mail should transmit comments early to ensure timely receipt prior to the close of the comment period, as the Department continues to experience delays in the receipt of mail. Docket: For access to the docket to read background documents or comments, go to the Federal eRulemaking Portal at https:// www.regulations.gov. Copies of this notice of proposed rulemaking will be made available, upon request, in the following formats: Large print, Braille, audiotape, and disc. To obtain this notice of proposed rulemaking in an alternate format, contact OFCCP at the telephone numbers or address listed below. Tina T. Williams, Director, Division of Policy and Program Development, OFCCP, 200 Constitution Avenue NW, Room C– 3325, Washington, DC 20210. Telephone: (202) 693–0103. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: E:\FR\FM\22MRP1.SGM 22MRP1

Agencies

ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 87, Number 55 (Tuesday, March 22, 2022)]
[Proposed Rules]
[Pages 16135-16138]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-05555]

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1990-0010, EPA-HQ-1994-0001; EPA-HQ-SFUND-2002-0008, EPA-
HQ-SFUND-2003-0010, EPA-HQ-OLEM-2021-0797, EPA-HQ-OLEM-2021-0798, -EPA-
HQ-OLEM-2021-0815; EPA-HQ-OLEM-2021-0922, EPA-HQ-OLEM-2021-0934, EPA-
HQ-OLEM-2021-0935, EPA-HQ-OLEM-2022-0111; FRL-9172-01-OLEM]

Proposed Deletion From the National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; notice of intent.

-----------------------------------------------------------------------

SUMMARY: The Environmental Protection Agency (EPA) is issuing a Notice
of Intent to delete five sites and partially delete six sites from the
National Priorities List (NPL) and requests public comments on this
proposed action. The NPL, promulgated pursuant to 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
state, through its designated state agency, have determined that all
appropriate response actions under CERCLA, other than operations and
maintenance of the remedy, monitoring and five-year reviews, where
applicable, have been completed. However, this deletion does not
preclude future actions under Superfund.

DATES: Comments regarding this proposed action must be submitted on or
before April 21, 2022.

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

[[Page 16136]]

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 https://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 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 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., CBI 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 Centers follows.
Regional Records Center:
Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA, Superfund
Records and Information Center, 5 Post Office Square, Suite 100,
Boston, MA 02109-3912; 617/918-1413.
Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1650
Arch Street, Mail code 3SD42, Philadelphia, PA 19103; 215/814-3024.
Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61
Forsyth Street SW, Mail code 9T25, Atlanta, GA 30303; 404/562-8637.
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 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop
Street, Mail code Records Center, Denver, CO 80202-1129; 303/312-7273.
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:
Robert Lim, U.S. EPA Region 1 (CT, ME, MA, NH, RI, VT),
U.S. EPA, [email protected], 617/918-1392.
Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV),
[email protected], 215/814-2049.
Leigh Lattimore or Brian Farrier, U.S. EPA Region 4 (AL,
FL, GA, KY, MS, NC, SC, TN), [email protected] or
[email protected], 404/562-8768 or 404/562-8952.
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.
Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY),
[email protected], 303/312-6689.
Chuck Sands, U.S. EPA Headquarters, [email protected].

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 delete five sites and
partially delete six sites 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). These partial deletions are 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 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.
EPA will accept comments on the proposal to delete or partially
delete these sites 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 site or 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.

[[Page 16137]]

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 deletion or partial deletion
of the sites in this proposed rule:
(1) EPA consulted with the respective state before developing this
Notice of Intent for deletion.
(2) EPA has provided the state 30 working days for review of site
deletion documents prior to publication of this Notice of Intent to
Delete in the Federal Register.
(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 deletion action.
(5) Concurrently, with the publication of this Notice of Intent for
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 deletion.
(6) The EPA placed copies of documents supporting the proposed
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 delete or 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 delete or partially delete
the site, the EPA will publish a final Notice of Deletion or 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 site or a portion of a site from the NPL does not
itself create, alter, or revoke any individual's rights or obligations.
Deletion of a site or a portion of a site from the NPL does not in any
way 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 Full Site or Partial Site Deletion

The site to be deleted or 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
----------------------------------------------------------------------------------------------------------------
Site name City/county, state Type Docket number Footnote
----------------------------------------------------------------------------------------------------------------
McKin Co......................... Gray, ME............ Full............ EPA-HQ-OLEM-2021-09 1, 2, 3
22.
Tybouts Corner Landfill.......... New Castle County, Partial......... EPA-HQ-OLEM-2021-07 1, 2, 3
DE. 97.
C&R Battery Co., Inc............. Chesterfield County, Full............ EPA-HQ-OLEM-2021-07 1, 3
VA. 98.
Chem-Solv, Inc................... Cheswold, DE........ Full............ EPA-HQ-OLEM-2021-09 1, 3
34.
Koppers Co., Inc (Charleston Charleston, SC...... Partial......... EPA-HQ-SFUND-1994-0 1, 3
Plant). 001.
Brantley Landfill................ Island, KY.......... Full............ EPA-HQ-OLEM-2022-01 1, 2, 3
11.
Summit National.................. Deerfield Township, Partial......... EPA-HQ-OLEM-2021-08 1, 3
OH. 15.
Himco Dump....................... Elkhart, IN......... Partial......... EPA-HQ-SFUND-1990-0 1, 3
010.
Bee Cee Manufacturing Co......... Malden, MO.......... Full............ EPA-HQ-OLEM-2021-09 1, 3
35.
Omaha Lead....................... Omaha, NE........... Partial......... EPA-HQ-SFUND-2003-0 1, 3
010.
Libby Asbestos................... Libby, MT........... Partial......... EPA-HQ-SFUND-2002-0 1, 3
008.
----------------------------------------------------------------------------------------------------------------

Table 2 includes information concerning whether the full site is
proposed for deletion from the NPL or 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.

[[Page 16138]]

Table 2
------------------------------------------------------------------------
Full site deletion
(full) or media/
Site name parcels/ Email address for
description for public comments
partial deletion
------------------------------------------------------------------------
McKin Co........................ Full.............. [email protected].
Tybouts Corner Landfill......... 2 parcels soil and [email protected]
groundwater ov,
approx. 78 acres. [email protected].
C&R Battery Co., Inc............ Full.............. [email protected].
Chem-Solv, Inc.................. Full.............. [email protected],
[email protected].
Koppers Co., Inc (Charleston 98 acres of soils, [email protected]
Plant). sediments and ov.
tidal marsh.
Brantley Landfill............... Full.............. [email protected].
Summit National................. Land/soil portion [email protected]
of landfill, microsoft.com.
adjacent removal
areas, and 45
down gradient
parcels.
Himco Dump...................... 11.5-acre land/ [email protected]
soil portion of microsoft.com.
the site plus
adjacent soils.
Bee Cee Manufacturing Co........ Full.............. [email protected].
Omaha Lead...................... 23 residential [email protected]
parcels. epa.gov.
Libby Asbestos.................. OU 6 including 42 [email protected]
miles of railroad ov.
right of way
between and in
the towns of
Libby and Troy,
MT.
------------------------------------------------------------------------

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: March 10, 2022.
Dana Stalcup,
Acting Office Director, Office of Superfund Remediation and Technology
Innovation.
[FR Doc. 2022-05555 Filed 3-21-22; 8:45 am]
BILLING CODE 6560-50-P

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