Deletion From the National Priorities List, 55582-55584 [2023-17434]
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55582
Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Rules and Regulations
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–OLEM–2023–0021; and
FRL–10633–02–OLEM]
Deletion From the National Priorities
List
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) announces the deletion of
three sites and the partial deletion of
eight sites from the Superfund National
Priorities List (NPL). The NPL, created
under the Comprehensive
Environmental Response,
Compensation, and Liability Act
(CERCLA) of 1980, as amended, is an
appendix of the National Oil and
Hazardous Substances Pollution
Contingency Plan (NCP). The EPA and
the states, through their designated State
agencies, have determined that all
appropriate response actions under
CERCLA have been completed.
However, this deletion does not
preclude future actions under
Superfund.
SUMMARY:
The document is effective
August 16, 2023.
ADDRESSES: Docket: EPA has established
a docket for this action under the Docket
Identification included in Table 1 in the
SUPPLEMENTARY INFORMATION section of
this document. All documents in the
docket are listed on the https://
www.regulations.gov website. The Final
Close-Out Report (FCOR, for a full site
deletion) or the Partial Deletion
Justification (PDJ, for a partial site
deletion) is the primary document
which summarizes site information to
support the deletion. It is typically
written for a broad, non-technical
audience and this document is included
DATES:
in the deletion docket for each of the
sites in this rulemaking. Although listed
in the index, some information is not
publicly available, i.e., Confidential
Business Information or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the internet and will be
publicly available only in hard copy
form. Docket materials are available
through https://www.regulations.gov or
at the corresponding Regional Records
Centers. Locations, addresses, and
phone numbers-of the Regional Records
Center follows.
• Region 2 (NJ, NY, PR, VI), U.S. EPA,
290 Broadway, New York, NY 10007–
1866; 212/637–4308.
• Region 3 (DE, DC, MD, PA, VA,
WV), U.S. EPA, 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, IL
60604; 312/886–4465.
• Region 7 (IA, KS, MO, NE), U.S.
EPA, 11201 Renner Blvd., Lenexa, KS
66219; 913/551–7079.
• 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.
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.
• 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.
The NPL,
created under section 105 of CERCLA,
as amended, is an appendix of the NCP.
The NCP establishes the criteria that
EPA uses to delete sites from the NPL.
In accordance with 40 CFR 300.425(e),
sites may be deleted from the NPL
where no further response is
appropriate. Partial deletion of sites is
in accordance with 40 CFR 300.425(e)
and are consistent with the Notice of
Policy Change: Partial Deletion of Sites
Listed on the National Priorities List, 60
FR 55466, (November 1, 1995). The sites
to be deleted are listed in Table 1,
including docket information containing
reference documents with the rationale
and data principally relied upon by the
EPA to determine that the Superfund
response is complete. The NCP permits
activities to occur at a deleted site, or
that media or parcel of a partially
deleted site, including operation and
maintenance of the remedy, monitoring,
and five-year reviews. These activities
for the site are entered in Table 1 in this
SUPPLEMENTARY INFORMATION section, if
applicable, under Footnote such that; 1=
site has continued operation and
maintenance of the remedy, 2= site
receives continued monitoring, and 3=
site five-year reviews are conducted. As
described in 40 CFR 300.425(e)(3) of the
NCP, a site or portion of a site deleted
from the NPL remains eligible for Fundfinanced remedial action if future
conditions warrant such actions.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
TABLE 1
Site name
City/county, state
Type
Haviland Complex ................................
Smithtown Ground Water Contamination.
Jackson Ceramix .................................
Fort Hartford Coal Co. Stone Quarry ..
Marine Corps Logistics Base ...............
Redstone Arsenal (USARMY/NASA) ..
Tyndall Air Force Base ........................
Town of Hyde Park, NY .......................
Smithtown, NY .....................................
Full ....
Full ....
EPA–HQ–OLEM–2022–0968.
EPA–HQ–OLEM–2022–0964.
Falls Creek, PA ....................................
Olaton, KY ...........................................
Albany, GA ...........................................
Huntsville, AL .......................................
Panama City, FL ..................................
Partial
Full ....
Partial
Partial
Partial
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.
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1, 2, 3.
1, 3.
Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Rules and Regulations
55583
TABLE 1—Continued
Site name
City/county, state
Type
Docket No.
Aircraft Components (D & L Sales) .....
Omaha Lead ........................................
Anaconda Co. Smelter ........................
Eagle Mine ...........................................
Benton Harbor, MI ...............................
Omaha, NE ..........................................
Anaconda, MT .....................................
Minturn/Redcliff, CO ............................
Partial
Partial
Partial
Partial
EPA–HQ–OLEM–2022–0828.
EPA–HQ–SFUND–2023–0021 ............
EPA–HQ–OLEM–2022–0965 ..............
EPA–HQ–OLEM–2022–0966 ..............
Information concerning the sites to be
deleted and partially deleted from the
NPL, the proposed rule for the deletion
and partial deletion of the sites, and
information on receipt of public
comment(s) and preparation of a
Footnote
1, 3.
1, 3.
1, 3.
Responsiveness Summary (if applicable)
are included in Table 2.
lotter on DSK11XQN23PROD with RULES1
TABLE 2
Site name
Date, proposed
rule
FR citation
Public
comment
Responsiveness summary
Full site deletion (full) or media/parcels/
description for partial deletion
Haviland Complex ..............................................
Smithtown Ground Water Contamination ..........
Jackson Ceramix ...............................................
2/22/2023 ........
2/22/2023 ........
2/22/2023 ........
88 FR 10864 ...
88 FR 10864 ...
88 FR 10864 ...
Yes ............
No ..............
No ..............
Yes ..................
No ...................
No ...................
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 .........................................................
2/22/2023
2/22/2023
2/22/2023
2/22/2023
2/22/2023
2/22/2023
2/22/2023
2/22/2023
88
88
88
88
88
88
88
88
No ..............
Yes ............
No ..............
Yes ............
Yes ............
No ..............
No ..............
Yes ............
No ...................
Yes ..................
No ...................
No ...................
No ...................
No ...................
No ...................
Yes ..................
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.
For the sites proposed for deletion,
the closing date for comments in the
proposed rule was March 24, 2023. EPA
received no public comment on six sites
proposed for deletion or partial deletion
from the NPL. The EPA received public
comments on five sites: Tyndall Air
Force Base, Havilland Complex, Marine
Corps Logistics Base, Aircraft
Components (D & L Sales), and Eagle
Mine. Tyndall Air Force Base received
two public comments; one supportive of
the proposed deletion and one comment
which was not germane to the proposed
deletion. No Responsiveness Summary
was prepared. Aircraft Components (D &
L Sales) received two public comments
from one submitter. The first comment
was not adverse to the proposed
deletion and the second comment
requested EPA remove some of the
comment information previously
submitted. EPA attempted to contact the
commentor, who did not respond. EPA
documented the actions in a memo
which is included with the docket. The
Havilland Complex site received one
public comment which acknowledged
that collaboration between the state and
EPA is essential to protect human health
and the environment and recommended
that review of sites should be conducted
more often than every five years. EPA
prepared a Responsiveness Summary
indicating there was frequent
collaboration with the state and that the
established five-year review period is
mandated by statute. The Marine Corps
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........
........
........
........
........
........
........
FR
FR
FR
FR
FR
FR
FR
FR
10864
10864
10864
10864
10864
10864
10864
10864
...
...
...
...
...
...
...
...
Logistics Base site received one public
comment with no specific site concerns,
which acknowledged that collaboration
between the state, U.S. Navy and EPA
is essential to protect human health and
the environment and recommended that
review of sites should be conducted
more often than every five years. EPA
prepared a Responsiveness Summary
indicating there was frequent
collaboration among the parties and that
the established five-year review period
is mandated by statute. The Eagle Mine
site received two public comments. One
commentor supports the deletion but
has issue with who is stated as the
property owner. A second commentor
stated ecological risks have not been
evaluated and potential future residents
would not feel safe. The second
commenter also stated that field data
verified by the purchaser’s contractor is
a conflict of interest therefore a third
party should verify the data, and that
the purchaser cannot be trusted to
assure the area remains protective as the
site will always grapple with
contamination. EPA prepared a
Responsiveness Summary addressing
the concerns in the comments. EPA
recognizes the property owner of record
for the site as determined in an August
2018 Colorado Court of Appeals ruling.
EPA also indicated an ecological
assessment was conducted. All work
conducted by the purchaser and their
contractors is overseen by both the EPA
and State under an Administrative
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Order of Consent. EPA placed the public
comments, memo and the
Responsiveness Summaries in the
docket specified in Table 1, on https://
www.regulations.gov, and in the
appropriate Regional Records Center
listed in the ADDRESSES section. Thus,
EPA concluded for all sites that no
action is warranted under CERCLA, and
the sites can be deleted from the NPL.
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.
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55584
Federal Register / Vol. 88, No. 157 / Wednesday, August 16, 2023 / Rules and Regulations
Larry Douchand,
Office Director, Office of Superfund
Remediation and Technology Innovation.
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.
For reasons set out in the preamble,
the EPA amends 40 CFR part 300 as
follows:
■
2. In appendix B to part 300:
a. Amend table 1 by:
■ i. Removing the entry for ‘‘KY, Fort
Hartford Coal Co. Stone Quarry,
Olaton’’;
■ ii. Revising the entry for ‘‘MI, Aircraft
Components (D & L Sales), Benton
Harbor’’;
■ iii. Removing the entry for ‘‘NY’’,
‘‘Havilland Complex’’, ‘‘Town of Hyde
Park’’;
■
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,
iv. Removing the entry for ‘‘NY,
Smithtown Ground Water
Contamination, Smithtown’’; and
■ v. Revising the entry for ‘‘PA, Jackson
Ceramix, Falls Creek’’; and
■ b. Amend table 2 by:
■ i. Revising the entry for ‘‘FL, Tyndall
Air Force Base, Panama City’’; and
■ ii. Revising the entry for ‘‘GA, Marine
Corps Logistics Base, Albany’’.
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)
*
MI .....................
*
*
*
*
*
Aircraft Components (D & L Sales) ............................ Benton Harbor .............................................................
P
*
PA .....................
*
*
*
*
*
Jackson Ceramix ........................................................ Falls Creek ..................................................................
P
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Notes:
*
*
P = Sites with partial deletion(s).
TABLE 2—FEDERAL FACILITIES SECTION
State
Site name
City/county
Notes (a)
*
FL .....................
*
*
*
*
*
Tyndall Air Force Base ............................................... Panama City ...............................................................
P
*
GA ....................
*
*
*
*
*
Marine Corps Logistics Base ...................................... Albany .........................................................................
P
*
*
*
*
*
*
*
*
*
*
*
*
*
*
Notes:
*
*
P = Sites with partial deletion(s).
[FR Doc. 2023–17434 Filed 8–15–23; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 7
In this document, the Federal
Communications Commission revises
the final rules portion of a Federal
Register document published on
November 19, 1999. The published
document inadvertently listed an
erroneous cross-reference. This
document corrects the final regulations.
SUMMARY:
DATES:
lotter on DSK11XQN23PROD with RULES1
[WT Docket No. 96–198; FCC 99–181; FR
ID 160641]
Access to Telecommunications
Service, Telecommunications
Equipment & Customer Premises
Equipment by Persons With
Disabilities
Federal Communications
Commission.
ACTION: Correcting amendment.
AGENCY:
VerDate Sep<11>2014
16:04 Aug 15, 2023
Jkt 259001
Effective August 16, 2023.
FOR FURTHER INFORMATION CONTACT:
Joshua Mendelsohn, Consumer and
Governmental Affairs Bureau, (202)
559–7304, or email:
Joshua.Mendelsohn@fcc.gov.
This is a
summary of the Commission’s
document, FCC 99–181, published
November 19, 1999, (64 FR 63235). This
document corrects a cross-reference
error to 47 CFR 7.5(a)(1) in 47 CFR
SUPPLEMENTARY INFORMATION:
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Sfmt 4700
7.5(b)(2) to cross-reference 47 CFR
7.5(b)(1).
List of Subjects in 47 CFR Part 7
Communications equipment,
Individuals with disabilities,
Telecommunications.
Accordingly, 47 CFR part 7 is
corrected by making the following
correcting amendment:
PART 7—ACCESS TO VOICEMAIL AND
INTERACTIVE MENU SERVICES AND
EQUIPMENT BY PEOPLE WITH
DISABILITIES
1. The authority citation for part 7
continues to read as follows:
■
Authority: 47 U.S.C. 151–154, 208, 255,
and 303(r).
2. Amend § 7.5 by revising paragraph
(b)(2) to read as follows:
■
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]]>Agencies
[Federal Register Volume 88, Number 157 (Wednesday, August 16, 2023)]
[Rules and Regulations]
[Pages 55582-55584]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-17434]
[[Page 55582]]
-----------------------------------------------------------------------
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-OLEM-2023-0021; and FRL-10633-02-OLEM]
Deletion From the National Priorities List
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Environmental Protection Agency (EPA) announces the
deletion of three sites and the partial deletion of eight sites from
the Superfund National Priorities List (NPL). The NPL, created under
the Comprehensive Environmental Response, Compensation, and Liability
Act (CERCLA) of 1980, as amended, is an appendix of the National Oil
and Hazardous Substances Pollution Contingency Plan (NCP). The EPA and
the states, through their designated State agencies, have determined
that all appropriate response actions under CERCLA have been completed.
However, this deletion does not preclude future actions under
Superfund.
DATES: The document is effective August 16, 2023.
ADDRESSES: Docket: EPA has established a docket for this action under
the Docket Identification included in Table 1 in the SUPPLEMENTARY
INFORMATION section of this document. All documents in the docket are
listed on the https://www.regulations.gov website. The Final Close-Out
Report (FCOR, for a full site deletion) or the Partial Deletion
Justification (PDJ, for a partial site deletion) is the primary
document which summarizes site information to support the deletion. It
is typically written for a broad, non-technical audience and this
document is included in the deletion docket for each of the sites in
this rulemaking. Although listed in the index, some information is not
publicly available, i.e., Confidential Business Information or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the internet
and will be publicly available only in hard copy form. Docket materials
are available through https://www.regulations.gov or at the
corresponding Regional Records Centers. Locations, addresses, and phone
numbers-of the Regional Records Center follows.
Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New
York, NY 10007-1866; 212/637-4308.
Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, 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, IL 60604; 312/886-
4465.
Region 7 (IA, KS, MO, NE), U.S. EPA, 11201 Renner Blvd.,
Lenexa, KS 66219; 913/551-7079.
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.
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.
Linda Kiefer, U.S. EPA Region 8 (CO, MT, ND, SD, UT, WY),
[email protected], 303/312-6689.
Charles Sands, U.S. EPA Headquarters,
[email protected], 202-566-1142.
SUPPLEMENTARY INFORMATION: The NPL, created under section 105 of
CERCLA, as amended, is an appendix of the NCP. The NCP establishes the
criteria that EPA uses to delete sites from the NPL. In accordance with
40 CFR 300.425(e), sites may be deleted from the NPL where no further
response is appropriate. Partial deletion of sites is in accordance
with 40 CFR 300.425(e) and are consistent with the Notice of Policy
Change: Partial Deletion of Sites Listed on the National Priorities
List, 60 FR 55466, (November 1, 1995). The sites to be deleted are
listed in Table 1, including docket information containing reference
documents with the rationale and data principally relied upon by the
EPA to determine that the Superfund response is complete. The NCP
permits activities to occur at a deleted site, or that media or parcel
of a partially deleted site, including operation and maintenance of the
remedy, monitoring, and five-year reviews. These activities for the
site are entered in Table 1 in this SUPPLEMENTARY INFORMATION section,
if applicable, under Footnote such that; 1= site has continued
operation and maintenance of the remedy, 2= site receives continued
monitoring, and 3= site five-year reviews are conducted. As described
in 40 CFR 300.425(e)(3) of the NCP, a site or portion of a site deleted
from the NPL remains eligible for Fund-financed remedial action if
future conditions warrant such actions.
Table 1
----------------------------------------------------------------------------------------------------------------
Site name City/county, state Type Docket No. Footnote
----------------------------------------------------------------------------------------------------------------
Haviland Complex................. Town of Hyde Park, Full......... EPA-HQ-OLEM-2022-09
NY. 68.
Smithtown Ground Water Smithtown, NY....... Full......... EPA-HQ-OLEM-2022-09
Contamination. 64.
Jackson Ceramix.................. Falls Creek, PA..... Partial...... EPA-HQ-OLEM-2022-08
54.
Fort Hartford Coal Co. Stone Olaton, KY.......... Full......... EPA-HQ-OLEM-2022-09 1, 2, 3.
Quarry. 48.
Marine Corps Logistics Base...... Albany, GA.......... Partial...... EPA-HQ-OLEM-2021-04
86.
Redstone Arsenal (USARMY/NASA)... Huntsville, AL...... Partial...... EPA-HQ-OLEM-2022-09 1, 3.
49.
Tyndall Air Force Base........... Panama City, FL..... Partial...... EPA-HQ-OLEM-2022-09
47.
[[Page 55583]]
Aircraft Components (D & L Sales) Benton Harbor, MI... Partial...... EPA-HQ-OLEM-2022-08
28.
Omaha Lead....................... Omaha, NE........... Partial...... EPA-HQ-SFUND-2023-0 1, 3.
021.
Anaconda Co. Smelter............. Anaconda, MT........ Partial...... EPA-HQ-OLEM-2022-09 1, 3.
65.
Eagle Mine....................... Minturn/Redcliff, CO Partial...... EPA-HQ-OLEM-2022-09 1, 3.
66.
----------------------------------------------------------------------------------------------------------------
Information concerning the sites to be deleted and partially
deleted from the NPL, the proposed rule for the deletion and partial
deletion of the sites, and information on receipt of public comment(s)
and preparation of a Responsiveness Summary (if applicable) are
included in Table 2.
Table 2
--------------------------------------------------------------------------------------------------------------------------------------------------------
Full site deletion
Responsiveness (full) or media/
Site name Date, proposed rule FR citation Public comment summary parcels/ description
for partial deletion
--------------------------------------------------------------------------------------------------------------------------------------------------------
Haviland Complex................... 2/22/2023............. 88 FR 10864........... Yes.................. Yes.................. Full.
Smithtown Ground Water 2/22/2023............. 88 FR 10864........... No................... No................... Full.
Contamination.
Jackson Ceramix.................... 2/22/2023............. 88 FR 10864........... No................... No................... Soils and unsaturated
subsurface vadose
zones from OU 1
Baseball Field.
Fort Hartford Coal Co. Stone Quarry 2/22/2023............. 88 FR 10864........... No................... No................... Full.
Marine Corps Logistics Base........ 2/22/2023............. 88 FR 10864........... Yes.................. Yes.................. OU 3 Soils.
Redstone Arsenal (USARMY/NASA)..... 2/22/2023............. 88 FR 10864........... No................... No................... Soils and pipeline
sediments from OU-
26.
Tyndall Air Force Base............. 2/22/2023............. 88 FR 10864........... Yes.................. No................... 13 specified operable
units.
Aircraft Components (D & L Sales).. 2/22/2023............. 88 FR 10864........... Yes.................. No................... OU 1 radiological
cleanup.
Omaha Lead......................... 2/22/2023............. 88 FR 10864........... No................... No................... 13 residential
properties.
Anaconda Co. Smelter............... 2/22/2023............. 88 FR 10864........... No................... No................... OU 15 Mill Creek.
Eagle Mine......................... 2/22/2023............. 88 FR 10864........... Yes.................. Yes.................. 5.31 acres of soils
in the OU 3 North
Property
Redevelopment--Trest
le Area.
--------------------------------------------------------------------------------------------------------------------------------------------------------
For the sites proposed for deletion, the closing date for comments
in the proposed rule was March 24, 2023. EPA received no public comment
on six sites proposed for deletion or partial deletion from the NPL.
The EPA received public comments on five sites: Tyndall Air Force Base,
Havilland Complex, Marine Corps Logistics Base, Aircraft Components (D
& L Sales), and Eagle Mine. Tyndall Air Force Base received two public
comments; one supportive of the proposed deletion and one comment which
was not germane to the proposed deletion. No Responsiveness Summary was
prepared. Aircraft Components (D & L Sales) received two public
comments from one submitter. The first comment was not adverse to the
proposed deletion and the second comment requested EPA remove some of
the comment information previously submitted. EPA attempted to contact
the commentor, who did not respond. EPA documented the actions in a
memo which is included with the docket. The Havilland Complex site
received one public comment which acknowledged that collaboration
between the state and EPA is essential to protect human health and the
environment and recommended that review of sites should be conducted
more often than every five years. EPA prepared a Responsiveness Summary
indicating there was frequent collaboration with the state and that the
established five-year review period is mandated by statute. The Marine
Corps Logistics Base site received one public comment with no specific
site concerns, which acknowledged that collaboration between the state,
U.S. Navy and EPA is essential to protect human health and the
environment and recommended that review of sites should be conducted
more often than every five years. EPA prepared a Responsiveness Summary
indicating there was frequent collaboration among the parties and that
the established five-year review period is mandated by statute. The
Eagle Mine site received two public comments. One commentor supports
the deletion but has issue with who is stated as the property owner. A
second commentor stated ecological risks have not been evaluated and
potential future residents would not feel safe. The second commenter
also stated that field data verified by the purchaser's contractor is a
conflict of interest therefore a third party should verify the data,
and that the purchaser cannot be trusted to assure the area remains
protective as the site will always grapple with contamination. EPA
prepared a Responsiveness Summary addressing the concerns in the
comments. EPA recognizes the property owner of record for the site as
determined in an August 2018 Colorado Court of Appeals ruling. EPA also
indicated an ecological assessment was conducted. All work conducted by
the purchaser and their contractors is overseen by both the EPA and
State under an Administrative Order of Consent. EPA placed the public
comments, memo and the Responsiveness Summaries in the docket specified
in Table 1, on https://www.regulations.gov, and in the appropriate
Regional Records Center listed in the ADDRESSES section. Thus, EPA
concluded for all sites that no action is warranted under CERCLA, and
the sites can be deleted from the NPL.
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.
[[Page 55584]]
Larry Douchand,
Office Director, Office of Superfund Remediation and Technology
Innovation.
For reasons set out in the preamble, the EPA amends 40 CFR part 300
as follows:
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O.
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR,
1987 Comp., p. 193.
0
2. In appendix B to part 300:
0
a. Amend table 1 by:
0
i. Removing the entry for ``KY, Fort Hartford Coal Co. Stone Quarry,
Olaton'';
0
ii. Revising the entry for ``MI, Aircraft Components (D & L Sales),
Benton Harbor'';
0
iii. Removing the entry for ``NY'', ``Havilland Complex'', ``Town of
Hyde Park'';
0
iv. Removing the entry for ``NY, Smithtown Ground Water Contamination,
Smithtown''; and
0
v. Revising the entry for ``PA, Jackson Ceramix, Falls Creek''; and
0
b. Amend table 2 by:
0
i. Revising the entry for ``FL, Tyndall Air Force Base, Panama City'';
and
0
ii. Revising the entry for ``GA, Marine Corps Logistics Base, Albany''.
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)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
MI............................ Aircraft Components (D & Benton Harbor........... P
L Sales).
* * * * * * *
PA............................ Jackson Ceramix.......... Falls Creek............. P
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Notes:
* * * * * * *
P = Sites with partial deletion(s).
Table 2--Federal Facilities Section
----------------------------------------------------------------------------------------------------------------
State Site name City/county Notes (a)
----------------------------------------------------------------------------------------------------------------
* * * * * * *
FL............................ Tyndall Air Force Base... Panama City............. P
* * * * * * *
GA............................ Marine Corps Logistics Albany.................. P
Base.
* * * * * * *
----------------------------------------------------------------------------------------------------------------
Notes:
* * * * * * *
P = Sites with partial deletion(s).
[FR Doc. 2023-17434 Filed 8-15-23; 8:45 am]
BILLING CODE 6560-50-P
