Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Proposed Rules 18761 

planned. For further information, see 

please see the direct final action 

published in the ‘‘Rules and 

Regulation’’ section of this issue of the 

Federal Register. 

Dated: March 17, 2022. 

Elizabeth Adams, 

Director Air and Radiation Division Region 

IX. 

[FR Doc. 2022–06278 Filed 3–30–22; 8:45 am] 

BILLING CODE 6560–50–P 

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–9172–02– 

OLEM] 

Proposed Deletion From the National 

Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule and withdrawal 

of proposed rule. 

SUMMARY: The Environmental Protection 

Agency (EPA) is withdrawing the 

proposed rule published in the Federal 

Register on March 22, 2022 (87 FR 

16135) due to typographical errors. EPA 

is reissuing a Notice of Intent to delete 

four 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: The proposed action published 

on March 22, 2022 (87 FR 16135) is 

hereby withdrawn, effective March 31, 

2022. Comments regarding this new 

proposed action must be submitted on 

or before May 2, 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 

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 

http://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. Public comments received on 

the proposed rule published March 22, 

2022 (87 FR 16135) will be considered 

in response to this proposed rule and do 

not need to be resubmitted. 

Docket: EPA has established a docket 

for this action under the Docket 

Identification included in Table 1 in the 

SUPPLEMENTARY INFORMATION section of 

this document. All documents in the 

docket are listed on the https://

www.regulations.gov website. Although 

listed in the index, some information is 

not publicly available, i.e., Confidential 

Business Information or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either 

electronically through https://

www.regulations.gov or in hard copy at 

the corresponding Regional Records 

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 New England, EMS Records 

and Information Center, 5 Post Office 

Square, Suite 100, Boston, MA 02109– 

3912; 617/918–1440. 

• Region 3 (DE, DC, MD, PA, VA, 

WV), U.S. EPA, Library, 1650 Arch 

Street, Mail code 3MD13, 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. 


jspears on DSK121TN23PROD with PROPOSALS1
18762 Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Proposed Rules 

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, 

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 withdrawing the proposed rule 

published in the Federal Register on 

March 22, 2022 (87 FR 16135) due to 

typographical errors. EPA is reissuing a 

Notice of Intent to delete four 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 Fundfinanced 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 this Notice of Intent 

to Delete 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 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. 


jspears on DSK121TN23PROD with PROPOSALS1
Federal Register / Vol. 87, No. 62 / Thursday, March 31, 2022 / Proposed Rules 18763 

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 No. Footnote 

McKin Co ............................................. Gray, ME ............................................. Full ......... EPA–HQ–OLEM–2021–0922 .............. 1, 2, 3. 

Tybouts Corner Landfill ....................... New Castle County, DE ...................... Partial ..... EPA–HQ–OLEM–2021–0797 .............. 1, 3. 

C&R Battery Co., Inc ........................... Chesterfield County, VA ...................... Full ......... EPA–HQ–OLEM–2021–0798 .............. 1, 3. 

Chem-Solv, Inc .................................... Cheswold, DE ...................................... Full ......... EPA–HQ–OLEM–2021–0934 .............. 1, 3. 

Koppers Co., Inc (Charleston Plant) ... Charleston, SC .................................... Partial ..... EPA–HQ–SFUND–1994–0001 ............ 1, 3. 

Brantley Landfill ................................... Island, KY ............................................ Full ......... EPA–HQ–OLEM–2022–0111 .............. 1, 2, 3. 

Summit National .................................. Deerfield Township, OH ...................... Partial ..... EPA–HQ–OLEM–2021–0815 .............. 1, 3. 

Himco Dump ........................................ Elkhart, IN ............................................ Partial ..... EPA–HQ–SFUND–1990–0010 ............ 1, 3. 

Omaha Lead ........................................ Omaha, NE .......................................... Partial ..... EPA–HQ–SFUND–2003–0010 ............ 1, 3. 

Libby Asbestos .................................... Libby, MT ............................................. Partial ..... EPA–HQ–SFUND–2002–0008 ............ 1, 3. 

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 

Site name 

Full site deletion (full) or media/parcels/ 

description 

for partial deletion 

E-mail address for public 

comments 

McKin Co ........................................................... Full .................................................................... bryant.john@epa.gov. 

Tybouts Corner Landfill ...................................... 2 parcels soil and groundwater, approx. 78 

acres.

hinkle.christopher@epa.gov. 

C&R Battery Co., Inc ......................................... Full .................................................................... guerrero.karla@epa.gov. 

Chem-Solv, Inc .................................................. Full .................................................................... hinkle.christopher@epa.gov. 

Koppers Co., Inc (Charleston Plant) .................. 98 acres of soils, sediments, and tidal marsh zeller.craig@epa.gov. 

Brantley Landfill ................................................. Full .................................................................... jackson.brad@epa.gov. 

Summit National ................................................. Land/soil portion of landfill, adjacent removal 

areas, and 45 downgradient parcels.

Deletions@usepa.onmicrosoft.com. 

Himco Dump ...................................................... 11.5-acre land/soil portion of the site plus adjacent soils.Deletions@usepa.onmicrosoft.com. 

Omaha Lead ...................................................... 19 residential parcels ....................................... wennerstrom.david@epa.gov. 

Libby Asbestos ................................................... OU6 including 42 miles of railroad right-of-way 

between and in the towns of Libby and 

Troy, MT.

zinner.dania@epa.gov. 

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 25, 2022. 

Larry Douchand, 

Office Director, Office of Superfund 

Remediation and Technology Innovation. 

[FR Doc. 2022–06774 Filed 3–30–22; 8:45 am] 

BILLING CODE 6560–50–P 


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