2024-17933. Deletion From the National Priorities List

Table 1

Site name	City/county, state	Type	Docket No.	Footnote
Allied Paper/Portage Ck/Kalamazoo River	Kalamazoo, MI	Partial	EPA-HQ-OLEM-2023-0470	1, 2, 3
South Minneapolis Residential Soil Contamination	Minneapolis, MN	Partial	EPA-HQ-OLEM-2023-0471
Libby Asbestos	Libby, MT	Partial	EPA-HQ-OLEM-2023-0571	1, 3
Lipari Landfill	Pitman, NJ	Full	EPA-HQ-OLEM-2023-0594	1, 2, 3
Sapp Battery Salvage	Cottondale, FL	Partial	EPA-HQ-OLEM-2024-0014	1, 3

Information concerning the sites to be deleted and partially deleted from the NPL, and the proposed rule for the deletion and partial deletion of the sites, are included in table 2.

Table 2

Site name	Date, proposed rule	FR citation	Public comment	Responsiveness summary	Full site deletion (full) or media/parcels/description for partial deletion
Allied Paper/Portage Ck/Kalamazoo River	2/16/2024	89 FR 12293	No	No	A portion of land/soil from OU 2, the Area East of Davis Creek and the Non-Easement Portion of the Area East of Davis Creek Extension Area of the Willow Boulevard/A-Site (WB/A-Site).
South Minneapolis Residential Soil Contamination	2/16/2024	89 FR 12293	No	No	Three residential properties.
Libby Asbestos	2/16/2024	89 FR 12293	Yes	No	400-acre industrial park OU 5.
Lipari Landfill	2/16/2024	89 FR 12293	Yes	Yes	Full.
Sapp Battery Salvage	2/16/2024	89 FR 12293	Yes	No	Soils, sediments and surface water portions of OU 1 and OU 3.

( print page 66614)

For the sites proposed for deletion, the closing date for comments in the proposed rule was March 18, 2024. The EPA received one public comment for the Lipari Landfill site, one public comment for the Sapp Battery Salvage site and one public comment for the Libby Asbestos site in this final rule. The EPA received no public comments for any of the other two sites in this final rule. EPA placed the comments, and a Responsiveness Summary, if prepared, in the docket specified in table 1, on https://www.regulations.gov, and in the appropriate Regional Records Center listed in the ADDRESSES section. The commenter for the Lipari Landfill site was unclear why the site was being removed from the NPL but noted appreciation for taking action and deletion from the NPL of sites affected by pollution and acknowledged favorably the EPA conducting five-year reviews. As detailed in the FCOR, multiple activities were undertaken to address contamination at the Lipari Landfill site, including among others: capping of the former landfill, collection and treatment of contaminated groundwater, and regular monitoring of the site to ensure these actions remain protective. The Lipari Landfill FCOR was included as part of the docket and EPA provided information on how to access the docket to access the FCOR. Thus, EPA concluded the deletion criteria for the Site have been documented and met as detailed in the FCOR and docket and that the site can be deleted from the NPL. One public comment was received for the Sapp Battery Salvage site, but EPA did not consider the submission to be an adverse public comment and no Responsiveness Summary was prepared. One public comment was received for the Libby Asbestos site supportive of the proposed partial deletion and no Responsiveness Summary was prepared.

EPA maintains the NPL as the list of sites that appear to present a significant risk to public health, welfare, or the environment. Deletion from the NPL does not preclude further remedial action. Whenever there is a significant release from a site deleted from the NPL, the deleted site may be restored to the NPL without application of the hazard ranking system. Deletion of a site from the NPL does not affect responsible party liability in the unlikely event that future conditions warrant further actions.

List of Subjects in 40 CFR Part 300

• Environmental protection
• Air pollution control
• Chemicals
• Hazardous substances
• Hazardous waste
• Intergovernmental relations
• Natural resources
• Oil pollution
• Penalties
• Reporting and recordkeeping requirements
• Superfund
• Water pollution control
• Water supply

Larry Douchand,

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

1. The authority citation for part 300 continues to read as follows:

Authority: 33 U.S.C. 1251 et seq.;42 U.S.C. 9601-9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193.

2. In Appendix B to part 300 amend Table 1 by:

a. Revising the entry for “FL”, “Sapp Battery Salvage”, “Cottondale”.

b. Revising the entry for “MI”, “Allied Paper/Portage Ck/Kalamazoo River”, “Kalamazoo”.

c. Removing the entry for “NJ”, “Lipari Landfill”, “Pitman”.

The revisions read as follows:

Appendix B to Part 300—National Priorities List

Table 1—General Superfund Section

State	Site name	City/county	Notes *
*         *         *         *         *         *
FL	Sapp Battery Salvage	Cottondale	P
*         *         *         *         *         *
MI	Allied Paper/Portage Ck/Kalamazoo River	Kalamazoo	P
*         *         *         *         *         *
* P = Sites with partial deletion(s).