Proposed Deletion From the National Priorities List, 10864-10867 [2023-03148]
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10864
Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / Proposed Rules
The Small Business Administration
(SBA) defines ‘‘small institution’’ using
data on revenue, market dominance, tax
filing status, governing body, and
population. Most entities to which the
Office of Postsecondary Education’s
(OPE) regulations apply are
postsecondary institutions; however,
many of these institutions do not report
such data to the Department. As a result,
the Department defines ‘‘small entities’’
by reference to enrollment,43 to allow
meaningful comparison of regulatory
impact across all types of higher
education institutions.44
TABLE 1—SMALL INSTITUTIONS UNDER ENROLLMENT-BASED DEFINITION
Level
Type
Small
Total
Percent
2-year ..............................................................
4-year ..............................................................
Public ..............................................................
Public ..............................................................
328
56
1,182
747
27.75
7.50
Total .........................................................
.........................................................................
384
1,929
19.91
Source: 2018–19 data reported to the Department.
have Adobe Acrobat Reader, which is
available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
search feature at this site, you can limit
your search to documents published by
the Department.
Paperwork Reduction Act of 1995
These proposed regulations do not
impose or remove information
collection requirements for public
institutions. Therefore, the Paperwork
Reduction Act is not implicated.
Intergovernmental Review
These programs are not subject to
Executive Order 12372 and the
regulations in 34 CFR part 79.
List of Subjects
lotter on DSK11XQN23PROD with PROPOSALS1
Assessment of Education Impact
In accordance with section 411 of
GEPA, 20 U.S.C. 1221e–4, the Secretary
particularly requests comments on
whether these proposed regulations
would require transmission of
information that any other agency or
authority of the United States gathers or
makes available.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF). To use PDF, you must
43 Two-year postsecondary educational
institutions with enrollment of less than 500 fulltime equivalent (FTE) and four-year postsecondary
educational institutions with enrollment of less
than 1,000 FTE.
44 In previous regulations, the Department
categorized small businesses based on tax status.
Those regulations defined ‘‘non-profit
organizations’’ as ‘‘small organizations’’ if they were
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Authority: 20 U.S.C. 1221e–3 and 3474,
unless otherwise noted.
§ 75.500
[Amended]
2. Section 75.500 is amended by
removing paragraph (d) and
redesignating paragraph (e) as new
paragraph (d).
■
PART 76—STATE-ADMINISTERED
PROGRAMS
3. The authority citation for part 76
continues to read as follows:
■
34 CFR Part 75
Accounting, Copyright, Education,
Grant programs—education, Indemnity
payments, Inventions and patents,
Private schools, Reporting and
recordkeeping requirements, Youth
organizations.
34 CFR Part 76
Accounting, Administrative practice
and procedure, American Samoa,
Education, Grant programs—education,
Guam, Northern Mariana Islands,
Pacific Islands Trust Territory, Prisons,
Private schools, Reporting and
recordkeeping requirements, Virgin
Islands, Youth organizations.
Nasser Paydar,
Assistant Secretary, Office of Postsecondary
Education.
Authority: 20 U.S.C. 1221e–3 and 3474,
unless otherwise noted.
§ 76.500
[Amended]
4. Section 76.500 is amended by
removing paragraph (d) and
redesignating paragraph (e) as new
paragraph (d).
■
[FR Doc. 2023–03670 Filed 2–21–23; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
For the reasons discussed in the
preamble, the Secretary of Education
proposes to amend parts 75 and 76 of
title 34 of the Code of Federal
Regulations as follows:
[EPA–HQ–OLEM–2021–0486; EPA–HQ–
OLEM–2022–0828; EPA–HQ–OLEM–2022–
0854; EPA–HQ–OLEM–2022–0947; EPA–
HQ–OLEM–2022–0948; EPA–HQ–OLEM–
2022–0949; EPA–HQ–OLEM–2022–0964;
EPA–HQ–OLEM–2022–0965; EPA–HQ–
OLEM–2022–0966; EPA–HQ–OLEM–2022–
0968; EPA–HQ–SFUND–2023–0021; FRL–
10633–01–OLEM]
PART 75—DIRECT GRANT
PROGRAMS
Proposed Deletion From the National
Priorities List
■
1. The authority citation for part 75
continues to read as follows:
AGENCY:
independently owned and operated and not
dominant in their field of operation, or as ‘‘small
entities’’ if they were institutions controlled by
governmental entities with populations below
50,000. Those definitions resulted in the
categorization of all private nonprofit organization
as small and no public institutions as small. Under
the previous definition, proprietary institutions
were considered small if they were independently
owned and operated and not dominant in their field
of operation with total annual revenue below
$7,000,000. Using FY 2017 IPEDs finance data for
proprietary institutions, 50 percent of 4-year and 90
percent of 2-year or less proprietary institutions
would be considered small. By contrast, an
enrollment-based definition applies the same metric
to all types of institutions, allowing consistent
comparison across all types.
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Environmental Protection
Agency (EPA).
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / Proposed Rules
ACTION:
Proposed rule; notice of intent.
The Environmental Protection
Agency (EPA) is issuing a Notice of
Intent to delete three sites and partially
delete eight sites from the National
Priorities List (NPL) and requests public
comments on this proposed action. The
NPL, promulgated pursuant to 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
agency, have determined that all
appropriate response actions under
CERCLA have been completed.
However, this deletion does not
preclude future actions under
Superfund.
SUMMARY:
Comments regarding this
proposed action must be submitted on
or before March 24, 2023.
ADDRESSES: EPA has established a
docket for this action under the Docket
Identification numbers 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
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
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DATES:
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included in Table 1 in the
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 Confidential Business
Information (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. 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
SUPPLEMENTARY INFORMATION
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10865
at the corresponding Regional Records
Center. Location, address, and phone
number of the Regional Records Centers
follows.
Regional Records Center:
• Region 2 (NJ, NY, PR, VI), U.S. EPA,
290 Broadway, New York, NY 10007–
1866; 212/637–4308.
• Region 3 (DE, DC, MD, PA, VA,
WV), U.S. EPA, Library, 1600 John F.
Kennedy Boulevard, Mail code 3MD50,
Philadelphia, PA 19103; 215/814–5382.
• Region 4 (AL, FL, GA, KY, MS, NC,
SC, TN), U.S. EPA, 61 Forsyth Street,
SW, Mail code 9T25, Atlanta, GA 30303.
• Region 5 (IL, IN, MI, MN, OH, WI),
U.S. EPA Superfund Division Records
Manager, Mail code SRC–7J, Metcalfe
Federal Building, 7th Floor South, 77
West Jackson Boulevard, Chicago,
ILFedera 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.
• EPA Headquarters Docket Center
Reading Room (deletion dockets for all
states), William Jefferson Clinton (WJC)
West Building, Room 3334, 1301
Constitution Avenue NW, Washington,
DC 20004, 202/566–1744.
EPA staff listed below in the FOR
FURTHER INFORMATION CONTACT section
may assist the public in answering
inquiries about deleted sites and
accessing deletion support
documentation, determining whether
there are additional physical deletion
dockets available, or if COVID
restrictions affect deletion docket
access.
The EPA continues to carefully and
continuously monitor information from
the Centers for Disease Control and
Prevention (CDC), local area health
departments, and our federal partners so
that we can respond rapidly as
conditions change regarding COVID.
FOR FURTHER INFORMATION CONTACT:
• Mabel Garcia, U.S. EPA Region 2
(NJ, NY, PR, VI), garcia.mabel@epa.gov,
212/637–4356.
• Andrew Hass, U.S. EPA Region 3
(DE, DC, MD, PA, VA, WV),
hass.andrew@epa.gov, 215/814–2049.
• Leigh Lattimore, U.S. EPA Region 4
(AL, FL, GA, KY, MS, NC, SC, TN),
lattimore.leigh@epa.gov, 404/562–8768.
• Karen Cibulskis, U.S. EPA Region 5
(IL, IN, MI, MN, OH, WI),
cibulskis.karen@epa.gov, 312/886–1843.
• Maria Morey, U.S. EPA Region 7
(IA, KS, MO, NE), morey.maria@
epa.gov, 913/551–7079.
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / Proposed Rules
• Linda Kiefer, U.S. EPA Region 8
(CO, MT, ND, SD, UT, WY),
kiefer.linda@epa.gov, 303/312–6689.
• Charles Sands, U.S. EPA
Headquarters, sands.charles@epa.gov,
202/566–1142.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Full Site or Partial Site
Deletion
lotter on DSK11XQN23PROD with PROPOSALS1
I. Introduction
EPA is issuing a proposed rule to
delete three sites and partially delete
eight 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.
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),
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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 it
today.
(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
proposed action for deletion.
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(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.
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Federal Register / Vol. 88, No. 35 / Wednesday, February 22, 2023 / Proposed Rules
TABLE 1
Site name
City/county, state
Type
Haviland complex ..............
Town of Hyde Park, NY ....
Full ....................................
Smithtown Ground Water
Contamination.
Jackson Ceramix ...............
Smithtown, NY ..................
Full ....................................
Falls Creek, PA .................
Partial ................................
Fort Hartford Coal Co.
Stone Quarry.
Marine Corps Logistics
Base.
Redstone Arsenal
(USARMY/NASA).
Tyndall Air Force Base ......
Olaton, KY .........................
Full ....................................
Albany, GA ........................
Partial ................................
Huntsville, AL ....................
Partial ................................
Panama City, FL ...............
Partial ................................
Aircraft Components (D &
L Sales).
Omaha Lead ......................
Benton Harbor, MI ............
Partial ................................
Omaha, NE .......................
Partial ................................
Anaconda Co. Smelter ......
Anaconda, MT ...................
Partial ................................
Eagle Mine ........................
Minturn/Redcliff, CO ..........
Partial ................................
Table 2 includes information
concerning whether the full site is
proposed for deletion from the NPL or
a description of the area, media or
Docket No.
EPA–HQ–OLEM–2022–
0968.
EPA–HQ–OLEM–2022–
0964.
EPA–HQ–OLEM–2022–
0854.
EPA–HQ–OLEM–2022–
0948.
EPA–HQ–OLEM–2021–
0486.
EPA–HQ–OLEM–2022–
0949.
EPA–HQ–OLEM–2022–
0947.
EPA–HQ–OLEM–2022–
0828.
EPA–HQ–SFUND–2023–
0021.
EPA–HQ–OLEM–2022–
0965.
EPA–HQ–OLEM–2022–
0966.
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
Footnote
1, 2, 3
1, 3
1, 3
1, 3
1, 3
the commenter does not comment using
https://www.regulations.gov.
TABLE 2
Site name
Full site deletion (full) or media/parcels/
description for partial deletion
Haviland Complex .............................................
Smithtown Ground Water Contamination ..........
Jackson Ceramix ...............................................
Full ....................................................................
Full ....................................................................
Soils and unsaturated subsurface vadose
zones from OU 1 Baseball Field.
Full ....................................................................
OU 3 Soils ........................................................
Soils and pipeline sediments from OU–26 ......
13 specified operable units ..............................
OU 1 radiological cleanup ................................
13 residential properties ...................................
OU 15 Mill Creek ..............................................
5.31 acres of soils in the OU 3 North Property
Redevelopment—Trestle Area.
duda.damian@epa.gov.
henry.sherrel@epa.gov.
debonis.michael01@epa.gov.
future conditions warrant further
actions.
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.
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Fort Hartford Coal Co. Stone Quarry ................
Marine Corps Logistics Base ............................
Redstone Arsenal (USARMY/NASA) ................
Tyndall Air Force Base ......................................
Aircraft Components (D & L Sales) ...................
Omaha Lead ......................................................
Anaconda Co. Smelter ......................................
Eagle Mine .........................................................
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
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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.
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E-mail address for public comments
jackson.brad@epa.gov.
martin.anna@epa.gov.
jackson.brad@epa.gov.
jackson.brad@epa.gov.
cibulskis.karen@epa.gov.
morey.maria@epa.gov.
coleman.charles@epa.gov.
chan.sydney@epa.gov.
Larry Douchand,
Office Director, Office of Superfund
Remediation and Technology Innovation.
[FR Doc. 2023–03148 Filed 2–21–23; 8:45 am]
BILLING CODE 6560–50–P
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]]>Agencies
[Federal Register Volume 88, Number 35 (Wednesday, February 22, 2023)]
[Proposed Rules]
[Pages 10864-10867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-03148]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-OLEM-2021-0486; EPA-HQ-OLEM-2022-0828; EPA-HQ-OLEM-2022-0854;
EPA-HQ-OLEM-2022-0947; EPA-HQ-OLEM-2022-0948; EPA-HQ-OLEM-2022-0949;
EPA-HQ-OLEM-2022-0964; EPA-HQ-OLEM-2022-0965; EPA-HQ-OLEM-2022-0966;
EPA-HQ-OLEM-2022-0968; EPA-HQ-SFUND-2023-0021; FRL-10633-01-OLEM]
Proposed Deletion From the National Priorities List
AGENCY: Environmental Protection Agency (EPA).
[[Page 10865]]
ACTION: Proposed rule; notice of intent.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) is issuing a Notice
of Intent to delete three sites and partially delete eight sites from
the National Priorities List (NPL) and requests public comments on this
proposed action. The NPL, promulgated pursuant to 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 agency, have determined that all
appropriate response actions under CERCLA 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 March 24, 2023.
ADDRESSES: EPA has established a docket for this action under the
Docket Identification numbers 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 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 Confidential Business Information (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. 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 Center. Location, address, and phone
number of the Regional Records Centers follows.
Regional Records Center:
Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New
York, NY 10007- 1866; 212/637-4308.
Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1600
John F. Kennedy Boulevard, Mail code 3MD50, Philadelphia, PA 19103;
215/814-5382.
Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61
Forsyth Street, SW, Mail code 9T25, Atlanta, GA 30303.
Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund
Division Records Manager, Mail code SRC-7J, Metcalfe Federal Building,
7th Floor South, 77 West Jackson Boulevard, Chicago, ILFedera 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.
EPA Headquarters Docket Center Reading Room (deletion
dockets for all states), William Jefferson Clinton (WJC) West Building,
Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004, 202/566-
1744.
EPA staff listed below in the FOR FURTHER INFORMATION CONTACT
section may assist the public in answering inquiries about deleted
sites and accessing deletion support documentation, determining whether
there are additional physical deletion dockets available, or if COVID
restrictions affect deletion docket access.
The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention (CDC), local area
health departments, and our federal partners so that we can respond
rapidly as conditions change regarding COVID.
FOR FURTHER INFORMATION CONTACT:
Mabel Garcia, U.S. EPA Region 2 (NJ, NY, PR, VI),
[email protected], 212/637-4356.
Andrew Hass, U.S. EPA Region 3 (DE, DC, MD, PA, VA, WV),
[email protected], 215/814-2049.
Leigh Lattimore, U.S. EPA Region 4 (AL, FL, GA, KY, MS,
NC, SC, TN), [email protected], 404/562-8768.
Karen Cibulskis, U.S. EPA Region 5 (IL, IN, MI, MN, OH,
WI), [email protected], 312/886-1843.
Maria Morey, U.S. EPA Region 7 (IA, KS, MO, NE),
[email protected], 913/551-7079.
[[Page 10866]]
Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY),
[email protected], 303/312-6689.
Charles Sands, U.S. EPA Headquarters,
[email protected], 202/566-1142.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Intended Full Site or Partial Site Deletion
I. Introduction
EPA is issuing a proposed rule to delete three sites and partially
delete eight 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.
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 it today.
(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
proposed action 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.
[[Page 10867]]
Table 1
----------------------------------------------------------------------------------------------------------------
Site name City/county, state Type Docket No. Footnote
----------------------------------------------------------------------------------------------------------------
Haviland complex................ Town of Hyde Park, Full.............. EPA-HQ-OLEM-2022-0 ..................
NY. 968.
Smithtown Ground Water Smithtown, NY..... Full.............. EPA-HQ-OLEM-2022-0 ..................
Contamination. 964.
Jackson Ceramix................. Falls Creek, PA... Partial........... EPA-HQ-OLEM-2022-0 ..................
854.
Fort Hartford Coal Co. Stone Olaton, KY........ Full.............. EPA-HQ-OLEM-2022-0 1, 2, 3
Quarry. 948.
Marine Corps Logistics Base..... Albany, GA........ Partial........... EPA-HQ-OLEM-2021-0 ..................
486.
Redstone Arsenal (USARMY/NASA).. Huntsville, AL.... Partial........... EPA-HQ-OLEM-2022-0 1, 3
949.
Tyndall Air Force Base.......... Panama City, FL... Partial........... EPA-HQ-OLEM-2022-0 ..................
947.
Aircraft Components (D & L Benton Harbor, MI. Partial........... EPA-HQ-OLEM-2022-0 ..................
Sales). 828.
Omaha Lead...................... Omaha, NE......... Partial........... EPA-HQ-SFUND-2023- 1, 3
0021.
Anaconda Co. Smelter............ Anaconda, MT...... Partial........... EPA-HQ-OLEM-2022-0 1, 3
965.
Eagle Mine...................... Minturn/Redcliff, Partial........... EPA-HQ-OLEM-2022-0 1, 3
CO. 966.
----------------------------------------------------------------------------------------------------------------
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.
Table 2
------------------------------------------------------------------------
Full site deletion
(full) or media/
Site name parcels/ E-mail address for
description for public comments
partial deletion
------------------------------------------------------------------------
Haviland Complex................ Full.............. [email protected].
Smithtown Ground Water Full.............. [email protected]
Contamination. gov.
Jackson Ceramix................. Soils and [email protected]
unsaturated epa.gov.
subsurface vadose
zones from OU 1
Baseball Field.
Fort Hartford Coal Co. Stone Full.............. [email protected]
Quarry. ov.
Marine Corps Logistics Base..... OU 3 Soils........ [email protected].
Redstone Arsenal (USARMY/NASA).. Soils and pipeline [email protected]
sediments from OU- ov.
26.
Tyndall Air Force Base.......... 13 specified [email protected]
operable units. ov.
Aircraft Components (D & L OU 1 radiological [email protected]
Sales). cleanup. a.gov.
Omaha Lead...................... 13 residential [email protected]
properties. v.
Anaconda Co. Smelter............ OU 15 Mill Creek.. [email protected].
Eagle Mine...................... 5.31 acres of [email protected]
soils in the OU 3 v.
North Property
Redevelopment--Tr
estle Area.
------------------------------------------------------------------------
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.
Larry Douchand,
Office Director, Office of Superfund Remediation and Technology
Innovation.
[FR Doc. 2023-03148 Filed 2-21-23; 8:45 am]
BILLING CODE 6560-50-P
