National Priorities List for Uncontrolled Hazardous Waste Sites, 20016-20022 [06-3666]
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ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 300
[EPA–HQ–SFUND–2006–0261, EPA–HQ–
SFUND–2006–0263, EPA–HQ–SFUND–2006–
0264, EPA–HQ–SFUND–2006–0265, EPA–
HQ–SFUND–2006–0266, EPA–HQ–SFUND–
2006–0268; FRL–8159–5]
RIN 2050–AD75
National Priorities List for Uncontrolled
Hazardous Waste Sites
Environmental Protection
Agency.
ACTION: Final rule.
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AGENCY:
SUMMARY: The Comprehensive
Environmental Response,
Compensation, and Liability Act of 1980
(‘‘CERCLA’’ or ‘‘the Act’’), as amended,
requires that the National Oil and
Hazardous Substances Pollution
Contingency Plan (‘‘NCP’’) include a list
of national priorities among the known
releases or threatened releases of
hazardous substances, pollutants, or
contaminants throughout the United
States. The National Priorities List
(‘‘NPL’’) constitutes this list. The NPL is
intended primarily to guide the
Environmental Protection Agency
(‘‘EPA’’ or ‘‘the Agency’’) in determining
which sites warrant further
investigation. These further
investigations will allow EPA to assess
the nature and extent of public health
and environmental risks associated with
the site and to determine what CERCLAfinanced remedial action(s), if any, may
be appropriate. This rule adds six new
sites to the General Superfund Section
of the NPL.
DATES: The effective date for this
amendment to the NCP is May 19, 2006.
ADDRESSES: For addresses for the
Headquarters and Regional dockets, as
well as further details on what these
dockets contain, see section II,
‘‘Availability of Information to the
Public’’ in the SUPPLEMENTARY
INFORMATION portion of this preamble.
FOR FURTHER INFORMATION CONTACT:
Terry Jeng, phone (703) 603–8852, State,
Tribal and Site Identification Branch;
Assessment and Remediation Division;
Office of Superfund Remediation and
Technology Innovation (mail code
5204G); U.S. Environmental Protection
Agency; 1200 Pennsylvania Avenue
NW.; Washington, DC 20460; or the
Superfund Hotline, phone (800) 424–
9346 or (703) 412–9810 in the
Washington, DC, metropolitan area.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
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A. What are CERCLA and SARA?
B. What is the NCP?
C. What is the National Priorities List
(NPL)?
D. How are Sites Listed on the NPL?
E. What Happens to Sites on the NPL?
F. Does the NPL Define the Boundaries of
Sites?
G. How are Sites Removed From the NPL?
H. May EPA Delete Portions of Sites From
the NPL as They Are Cleaned Up?
I. What is the Construction Completion List
(CCL)?
II. Availability of Information to the Public
A. May I Review the Documents Relevant
to This Final Rule?
B. What Documents are Available for
Review at the Headquarters Docket?
C. What Documents are Available for
Review at the Regional Dockets?
D. How Do I Access the Documents?
E. How May I Obtain a Current List of NPL
Sites?
III. Contents of This Final Rule
A. Additions to the NPL
B. What Did EPA Do With the Public
Comments It Received?
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory
Planning and Review
1. What is Executive Order 12866?
2. Is This Final Rule Subject to Executive
Order 12866 Review?
B. Paperwork Reduction Act
1. What is the Paperwork Reduction Act?
2. Does the Paperwork Reduction Act
Apply to This Final Rule?
C. Regulatory Flexibility Act
1. What is the Regulatory Flexibility Act?
2. How Has EPA Complied with the
Regulatory Flexibility Act?
D. Unfunded Mandates Reform Act
1. What is the Unfunded Mandates Reform
Act (UMRA)?
2. Does UMRA Apply to This Final Rule?
E. Executive Order 13132: Federalism
What Is Executive Order 13132 and Is It
Applicable to This Final Rule?
F. Executive Order 13175: Consultation
and Coordination with Indian Tribal
Governments
1. What is Executive Order 13175?
2. Does Executive Order 13175 Apply to
This Final Rule?
G. Executive Order 13045: Protection of
Children from Environmental Health and
Safety Risks
1. What is Executive Order 13045?
2. Does Executive Order 13045 Apply to
This Final Rule?
H. Executive Order 13211: Actions that
Significantly Affect Energy Supply,
Distribution, or Usage
Is this Rule Subject to Executive Order
13211?
I. National Technology Transfer and
Advancement Act
1. What is the National Technology
Transfer and Advancement Act?
2. Does the National Technology Transfer
and Advancement Act Apply to This
Final Rule?
J. Congressional Review Act
1. Has EPA Submitted This Rule to
Congress and the General Accounting
Office?
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2. Could the Effective Date of This Final
Rule Change?
3. What Could Cause a Change in the
Effective Date of This Rule?
I. Background
A. What are CERCLA and SARA?
In 1980, Congress enacted the
Comprehensive Environmental
Response, Compensation, and Liability
Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or
‘‘the Act’’), in response to the dangers of
uncontrolled releases or threatened
releases of hazardous substances, and
releases or substantial threats of releases
into the environment of any pollutant or
contaminant that may present an
imminent or substantial danger to the
public health or welfare. CERCLA was
amended on October 17, 1986, by the
Superfund Amendments and
Reauthorization Act (‘‘SARA’’), Public
Law 99–499, 100 Stat. 1613 et seq.
B. What is the NCP?
To implement CERCLA, EPA
promulgated the revised National Oil
and Hazardous Substances Pollution
Contingency Plan (‘‘NCP’’), 40 CFR part
300, on July 16, 1982 (47 FR 31180),
pursuant to CERCLA section 105 and
Executive Order 12316 (46 FR 42237,
August 20, 1981). The NCP sets
guidelines and procedures for
responding to releases and threatened
releases of hazardous substances, or
releases or substantial threats of releases
into the environment of any pollutant or
contaminant that may present an
imminent or substantial danger to the
public health or welfare. EPA has
revised the NCP on several occasions.
The most recent comprehensive revision
was on March 8, 1990 (55 FR 8666).
As required under section
105(a)(8)(A) of CERCLA, the NCP also
includes ‘‘criteria for determining
priorities among releases or threatened
releases throughout the United States
for the purpose of taking remedial
action and, to the extent practicable,
taking into account the potential
urgency of such action for the purpose
of taking removal action.’’ ‘‘Removal’’
actions are defined broadly and include
a wide range of actions taken to study,
clean up, prevent or otherwise address
releases and threatened releases of
hazardous substances, pollutants or
contaminants (42 U.S.C. 9601(23)).
C. What is the National Priorities List
(NPL)?
The NPL is a list of national priorities
among the known or threatened releases
of hazardous substances, pollutants, or
contaminants throughout the United
States. The list, which is appendix B of
the NCP (40 CFR part 300), was required
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under section 105(a)(8)(B) of CERCLA,
as amended by SARA. Section
105(a)(8)(B) defines the NPL as a list of
‘‘releases’’ and the highest priority
‘‘facilities’’ and requires that the NPL be
revised at least annually. The NPL is
intended primarily to guide EPA in
determining which sites warrant further
investigation to assess the nature and
extent of public health and
environmental risks associated with a
release of hazardous substances,
pollutants or contaminants. The NPL is
only of limited significance, however, as
it does not assign liability to any party
or to the owner of any specific property.
Neither does placing a site on the NPL
mean that any remedial or removal
action necessarily need be taken.
For purposes of listing, the NPL
includes two sections, one of sites that
are generally evaluated and cleaned up
by EPA (the ‘‘General Superfund
Section’’), and one of sites that are
owned or operated by other Federal
agencies (the ‘‘Federal Facilities
Section’’). With respect to sites in the
Federal Facilities Section, these sites are
generally being addressed by other
Federal agencies. Under Executive
Order 12580 (52 FR 2923, January 29,
1987) and CERCLA section 120, each
Federal agency is responsible for
carrying out most response actions at
facilities under its own jurisdiction,
custody, or control, although EPA is
responsible for preparing a Hazard
Ranking System (HRS) score and
determining whether the facility is
placed on the NPL. EPA’s role is less
extensive than at other sites.
D. How are Sites Listed on the NPL?
There are three mechanisms for
placing sites on the NPL for possible
remedial action (see 40 CFR 300.425(c)
of the NCP): (1) A site may be included
on the NPL if it scores sufficiently high
on the Hazard Ranking System (‘‘HRS’’),
which EPA promulgated as appendix A
of the NCP (40 CFR part 300). The HRS
serves as a screening tool to evaluate the
relative potential of uncontrolled
hazardous substances, pollutant or
contaminants to pose a threat to human
health or the environment. On
December 14, 1990 (55 FR 51532), EPA
promulgated revisions to the HRS partly
in response to CERCLA section 105(c),
added by SARA. The revised HRS
evaluates four pathways: ground water,
surface water, soil exposure, and air. As
a matter of Agency policy, those sites
that score 28.50 or greater on the HRS
are eligible for the NPL; (2) Pursuant to
42 U.S.C 9605(a)(8)(B), each State may
designate a single site as its top priority
to be listed on the NPL, without any
HRS score. This provision of CERCLA
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requires that, to the extent practicable,
the NPL include one facility designated
by each State as the greatest danger to
public health, welfare, or the
environment among known facilities in
the State. This mechanism for listing is
set out in the NCP at 40 CFR
300.425(c)(2); (3) The third mechanism
for listing, included in the NCP at 40
CFR 300.425(c)(3), allows certain sites
to be listed without any HRS score, if all
of the following conditions are met:
• The Agency for Toxic Substances
and Disease Registry (ATSDR) of the
U.S. Public Health Service has issued a
health advisory that recommends
dissociation of individuals from the
release.
• EPA determines that the release
poses a significant threat to public
health.
• EPA anticipates that it will be more
cost-effective to use its remedial
authority than to use its removal
authority to respond to the release.
EPA promulgated an original NPL of
406 sites on September 8, 1983 (48 FR
40658) and generally has updated it at
least annually.
E. What Happens to Sites on the NPL?
A site may undergo remedial action
financed by the Trust Fund established
under CERCLA (commonly referred to
as the ‘‘Superfund’’) only after it is
placed on the NPL, as provided in the
NCP at 40 CFR 300.425(b)(1).
(‘‘Remedial actions’’ are those
‘‘consistent with permanent remedy,
taken instead of or in addition to
removal actions * * *.’’ 42 U.S.C.
9601(24).) However, under 40 CFR
300.425(b)(2) placing a site on the NPL
‘‘does not imply that monies will be
expended.’’ EPA may pursue other
appropriate authorities to respond to the
releases, including enforcement action
under CERCLA and other laws.
F. Does the NPL Define the Boundaries
of Sites?
The NPL does not describe releases in
precise geographical terms; it would be
neither feasible nor consistent with the
limited purpose of the NPL (to identify
releases that are priorities for further
evaluation), for it to do so.
Although a CERCLA ‘‘facility’’ is
broadly defined to include any area
where a hazardous substance release has
‘‘come to be located’’ (CERCLA section
101(9)), the listing process itself is not
intended to define or reflect the
boundaries of such facilities or releases.
Of course, HRS data (if the HRS is used
to list a site) upon which the NPL
placement was based will, to some
extent, describe the release(s) at issue.
That is, the NPL site would include all
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releases evaluated as part of that HRS
analysis.
When a site is listed, the approach
generally used to describe the relevant
release(s) is to delineate a geographical
area (usually the area within an
installation or plant boundaries) and
identify the site by reference to that
area. As a legal matter, the site is not
coextensive with that area, and the
boundaries of the installation or plant
are not the ‘‘boundaries’’ of the site.
Rather, the site consists of all
contaminated areas within the area used
to identify the site, as well as any other
location where that contamination has
come to be located, or from where that
contamination came.
In other words, while geographic
terms are often used to designate the site
(e.g., the ‘‘Jones Co. plant site’’) in terms
of the property owned by a particular
party, the site properly understood is
not limited to that property (e.g., it may
extend beyond the property due to
contaminant migration), and conversely
may not occupy the full extent of the
property (e.g., where there are
uncontaminated parts of the identified
property, they may not be, strictly
speaking, part of the ‘‘site’’). The ‘‘site’’
is thus neither equal to nor confined by
the boundaries of any specific property
that may give the site its name, and the
name itself should not be read to imply
that this site is coextensive with the
entire area within the property
boundary of the installation or plant.
The precise nature and extent of the site
are typically not known at the time of
listing. Also, the site name is merely
used to help identify the geographic
location of the contamination. For
example, the name ‘‘Jones Co. plant
site,’’ does not imply that the Jones
company is responsible for the
contamination located on the plant site.
EPA regulations provide that the
‘‘nature and extent of the problem
presented by the release’’ will be
determined by a Remedial Investigation/
Feasibility Study (RI/FS) as more
information is developed on site
contamination (40 CFR 300.5). During
the RI/FS process, the release may be
found to be larger or smaller than was
originally thought, as more is learned
about the source(s) and the migration of
the contamination. However, this
inquiry focuses on an evaluation of the
threat posed; the boundaries of the
release need not be exactly defined.
Moreover, it generally is impossible to
discover the full extent of where the
contamination ‘‘has come to be located’’
before all necessary studies and
remedial work are completed at a site.
Indeed, the known boundaries of the
contamination can be expected to
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change over time. Thus, in most cases,
it may be impossible to describe the
boundaries of a release with absolute
certainty.
Further, as noted above, NPL listing
does not assign liability to any party or
to the owner of any specific property.
Thus, if a party does not believe it is
liable for releases on discrete parcels of
property, supporting information can be
submitted to the Agency at any time
after a party receives notice it is a
potentially responsible party.
For these reasons, the NPL need not
be amended as further research reveals
more information about the location of
the contamination or release.
(ii) All appropriate Superfundfinanced response has been
implemented and no further response
action is required; or
(iii) The remedial investigation has
shown the release poses no significant
threat to public health or the
environment, and taking of remedial
measures is not appropriate.
G. How are Sites Removed From the
NPL?
H. May EPA Delete Portions of Sites
From the NPL as They Are Cleaned Up?
In November 1995, EPA initiated a
new policy to delete portions of NPL
sites where cleanup is complete (60 FR
55465, November 1, 1995). Total site
cleanup may take many years, while
portions of the site may have been
cleaned up and available for productive
use.
EPA may delete sites from the NPL
where no further response is
appropriate under Superfund, as
explained in the NCP at 40 CFR
300.425(e). This section also provides
that EPA shall consult with states on
proposed deletions and shall consider
whether any of the following criteria
have been met:
(i) Responsible parties or other
persons have implemented all
appropriate response actions required;
I. What is the Construction Completion
List (CCL)?
EPA also has developed an NPL
construction completion list (‘‘CCL’’) to
simplify its system of categorizing sites
and to better communicate the
successful completion of cleanup
activities (58 FR 12142, March 2, 1993).
Inclusion of a site on the CCL has no
legal significance.
Sites qualify for the CCL when: (1)
Any necessary physical construction is
Site name
San Luis Obispo County, CA ...........................
Augusta, GA .....................................................
Wilmington, MA ................................................
Grand Island, NE .............................................
Hastings, NE ....................................................
Renton, WA ......................................................
B. What Documents are Available for
Review at the Headquarters Docket?
The Headquarters Docket for this rule
contains, for each site, the HRS score
sheets, the Documentation Record
describing the information used to
compute the score, pertinent
information regarding statutory
requirements or EPA listing policies that
affect the site, and a list of documents
referenced in the Documentation
Record. For sites that received
comments during the comment period,
the Headquarters Docket also contains a
Support Document that includes EPA’s
responses to comments.
C. What Documents are Available for
Review at the Regional Dockets?
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II. Availability of Information to the
Public
A. May I Review the Documents
Relevant to This Final Rule?
Yes, documents relating to the
evaluation and scoring of the sites in
this final rule are contained in dockets
located both at EPA Headquarters and in
the Regional offices.
An electronic version of the public
docket is available through https://
www.regulations.gov (see table below
for Docket Identification numbers).
Although not all Docket materials may
be available electronically, you may still
access any of the publicly available
Docket materials through the Docket
facilities identified below in section II
D.
Location
Klau/Buena Vista Mine .......................................
Alternate Energy Resources ..............................
Olin Chemical .....................................................
Parkview Well .....................................................
West Highway 6 & Highway 281 ........................
Quendall Terminals ............................................
complete, whether or not final cleanup
levels or other requirements have been
achieved; (2) EPA has determined that
the response action should be limited to
measures that do not involve
construction (e.g., institutional
controls); or (3) the site qualifies for
deletion from the NPL. For the most upto-date information on the CCL, see
EPA’s Internet site at https://
www.epa.gov/superfund.
The Regional Dockets contain all the
information in the Headquarters Docket,
plus the actual reference documents
containing the data principally relied
upon by EPA in calculating or
evaluating the HRS score for the sites
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FDMS docket ID No.
located in their Region. These reference
documents are available only in the
Regional Dockets. For sites that received
comments during the comment period,
the Regional Docket also contains a
Support Document that includes EPA’s
responses to comments.
D. How Do I Access the Documents?
You may view the documents, by
appointment only, after the publication
of this rule. The hours of operation for
the Headquarters Docket are from 8:30
a.m. to 4:30 p.m., Monday through
Friday, excluding Federal holidays.
Please contact the Regional Dockets for
hours.
Following is the contact information
for the EPA Headquarters: Docket
Coordinator, Headquarters; U.S.
Environmental Protection Agency;
CERCLA Docket Office; 1301
Constitution Avenue; EPA West, Room
B102, Washington, DC 20004, 202/566–
0276.
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EPA–HQ–SFUND–2006–0266.
EPA–HQ–SFUND–2006–0263.
EPA–HQ–SFUND–2006–0261.
EPA–HQ–SFUND–2006–0265.
EPA–HQ–SFUND–2006–0264.
EPA–HQ–SFUND–2006–0268.
The contact information for the
Regional Dockets is as follows:
Joan Berggren, Region 1 (CT, ME, MA, NH,
RI, VT), U.S. EPA, Superfund Records and
Information Center, Mailcode HSC, One
Congress Street, Suite 1100, Boston, MA
02114–2023; 617/918–1417.
Dennis Munhall, Region 2 (NJ, NY, PR, VI),
U.S. EPA, 290 Broadway, New York, NY
10007–1866; 212/637–4343.
Dawn Shellenberger (ASRC), Region 3 (DE,
DC, MD, PA, VA, WV), U.S. EPA, Library,
1650 Arch Street, Mailcode 3PM52,
Philadelphia, PA 19103; 215/814–5364.
Debbie Jourdan, Region 4 (AL, FL, GA, KY,
MS, NC, SC, TN), U.S. EPA, 61 Forsyth
Street, SW, 9th floor, Atlanta, GA 30303; 404/
562–8862.
Janet Pfundheller, Region 5 (IL, IN, MI,
MN, OH, WI), U.S. EPA, Records Center,
Superfund Division SRC–7J, Metcalfe Federal
Building, 77 West Jackson Boulevard,
Chicago, IL 60604; 312/353–5821.
Brenda Cook, Region 6 (AR, LA, NM, OK,
TX), U.S. EPA, 1445 Ross Avenue, Mailcode
6SF–RA, Dallas, TX 75202–2733; 214/665–
7436.
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Michelle Quick, Region 7 (IA, KS, MO,
NE), U.S. EPA, 901 North 5th Street, Kansas
City, KS 66101; 913/551–7335.
Gwen Christiansen, Region 8 (CO, MT, ND,
SD, UT, WY), U.S. EPA, 999 18th Street,
Suite 500, Mailcode 8EPR–B, Denver, CO
80202–2466; 303/312–6463.
Dawn Richmond, Region 9 (AZ, CA, HI,
NV, AS, GU), U.S. EPA, 75 Hawthorne Street,
San Francisco, CA 94105; 415/972–3097.
Denise Baker, Region 10 (AK, ID, OR, WA),
U.S. EPA, 1200 6th Avenue, Mail Stop ECL–
115, Seattle, WA 98101; 206/553–4303.
E. How May I Obtain a Current List of
NPL Sites?
You may obtain a current list of NPL
sites via the Internet at https://
www.epa.gov/superfund/ (look under
the Superfund sites category) or by
State
Klau/Buena Vista Mine ....................................
Alternate Energy Resources ............................
Olin Chemical ...................................................
Parkview Well ..................................................
West Highway 6 & Highway 281 .....................
Quendall Terminals ..........................................
B. What Did EPA Do With the Public
Comments It Received?
EPA reviewed all comments received
on the sites in this rule and responded
to all relevant comments. EPA received
negative comments on the following
sites: West Highway 6 & Highway 281,
Parkview Well, and Klau/Buena Vista
Mine. EPA’s responses to these
comments are addressed in the
‘‘Support Document for the Revised
National Priorities List Final Rule—
April 2006.’’
EPA received a comment related to
four of the sites in this rule suggesting
that EPA should delay listing because of
a Supreme Court decision related to cost
and liability issues for Potentially
Responsible Parties ( PRPs). This
comment is not relevant to the HRS
scoring of the sites or the underlying
basis for the NPL listing and is therefore
not included or addressed in the
‘‘Support Document for the Revised
National Priorities List Final Rule—
April 2006.’’
For the remainder of sites in this rule,
EPA received no comments or only
comments supporting the listing of the
sites to the NPL and therefore, EPA is
placing them on the NPL at this time.
All comments that were received by
EPA are contained in the Headquarters
Docket and are also listed in EPA’s
electronic public Docket and comment
system at https://www.regulations.gov
(see table above for the appropriate
FDMS Docket identification number).
IV. Statutory and Executive Order
Reviews
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contacting the Superfund Docket (see
contact information above).
III. Contents of This Final Rule
A. Additions to the NPL
This final rule adds the following six
sites to the NPL; all to the General
Superfund Section:
Site name
CA .......................................................................
GA ......................................................................
MA ......................................................................
NE .......................................................................
NE .......................................................................
WA ......................................................................
City/county
action is ‘‘significant’’ and therefore
subject to Office of Management and
Budget (OMB) review and the
requirements of the Executive Order.
The Order defines ‘‘significant
regulatory action’’ as one that is likely
to result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in the Executive
Order.
2. Is This Final Rule Subject to
Executive Order 12866 Review?
No. The listing of sites on the NPL
does not impose any obligations on any
entities. The listing does not set
standards or a regulatory regime and
imposes no liability or costs. Any
liability under CERCLA exists
irrespective of whether a site is listed.
It has been determined that this action
is not a ‘‘significant regulatory action’’
under the terms of Executive Order
12866 and is therefore not subject to
OMB review.
B. Paperwork Reduction Act
A. Executive Order 12866: Regulatory
Planning and Review
1. What Is the Paperwork Reduction
Act?
1. What Is Executive Order 12866?
According to the Paperwork
Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an agency may not conduct or
sponsor, and a person is not required to
Under Executive Order 12866, (58 FR
51735 (October 4, 1993)) the Agency
must determine whether a regulatory
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San Luis Obispo County.
Augusta.
Wilmington.
Grand Island.
Hastings.
Renton.
respond to a collection of information
that requires OMB approval under the
PRA, unless it has been approved by
OMB and displays a currently valid
OMB control number. The OMB control
numbers for EPA’s regulations, after
initial display in the preamble of the
final rules, are listed in 40 CFR part 9.
2. Does the Paperwork Reduction Act
Apply to This Final Rule?
This action does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act, 44 U.S.C. 3501 et seq. EPA has
determined that the PRA does not apply
because this rule does not contain any
information collection requirements that
require approval of the OMB.
Burden means the total time, effort, or
financial resources expended by persons
to generate, maintain, retain, or disclose
or provide information to or for a
Federal agency. This includes the time
needed to review instructions; develop,
acquire, install, and utilize technology
and systems for the purposes of
collecting, validating, and verifying
information, processing and
maintaining information, and disclosing
and providing information; adjust the
existing ways to comply with any
previously applicable instructions and
requirements; train personnel to be able
to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
An agency may not conduct or
sponsor, and a person is not required to
respond to a collection of information
unless it displays a currently valid OMB
control number. The OMB control
numbers for EPA’s regulations in 40
CFR are listed in 40 CFR part 9.
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C. Regulatory Flexibility Act
1. What Is the Regulatory Flexibility
Act?
Pursuant to the Regulatory Flexibility
Act (5 U.S.C. 601 et seq., as amended by
the Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996) whenever an agency is required to
publish a notice of rulemaking for any
proposed or final rule, it must prepare
and make available for public comment
a regulatory flexibility analysis that
describes the effect of the rule on small
entities (i.e., small businesses, small
organizations, and small governmental
jurisdictions). However, no regulatory
flexibility analysis is required if the
head of an agency certifies the rule will
not have a significant economic impact
on a substantial number of small
entities. SBREFA amended the
Regulatory Flexibility Act to require
Federal agencies to provide a statement
of the factual basis for certifying that a
rule will not have a significant
economic impact on a substantial
number of small entities.
2. How Has EPA Complied With the
Regulatory Flexibility Act?
This rule listing sites on the NPL does
not impose any obligations on any
group, including small entities. This
rule also does not establish standards or
requirements that any small entity must
meet, and imposes no direct costs on
any small entity. Whether an entity,
small or otherwise, is liable for response
costs for a release of a hazardous
substance depends on whether that
entity is liable under CERCLA 107(a).
Any such liability exists regardless of
whether the site is listed on the NPL
through this rulemaking. Thus, this rule
does not impose any requirements on
any small entities. For the foregoing
reasons, I certify that this rule will not
have a significant economic impact on
a substantial number of small entities.
D. Unfunded Mandates Reform Act
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1. What Is the Unfunded Mandates
Reform Act (UMRA)?
Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA), Public
Law 104–4, establishes requirements for
Federal Agencies to assess the effects of
their regulatory actions on State, local,
and tribal governments and the private
sector. Under section 202 of the UMRA,
EPA generally must prepare a written
statement, including a cost-benefit
analysis, for proposed and final rules
with ‘‘Federal mandates’’ that may
result in expenditures by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100 million
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or more in any one year. Before EPA
promulgates a rule where a written
statement is needed, section 205 of the
UMRA generally requires EPA to
identify and consider a reasonable
number of regulatory alternatives and
adopt the least costly, most costeffective, or least burdensome
alternative that achieves the objectives
of the rule. The provisions of section
205 do not apply when they are
inconsistent with applicable law.
Moreover, section 205 allows EPA to
adopt an alternative other than the least
costly, most cost-effective, or least
burdensome alternative if the
Administrator publishes with the final
rule an explanation why that alternative
was not adopted. Before EPA establishes
any regulatory requirements that may
significantly or uniquely affect small
governments, including tribal
governments, it must have developed
under section 203 of the UMRA a small
government agency plan. The plan must
provide for notifying potentially
affected small governments, enabling
officials of affected small governments
to have meaningful and timely input in
the development of EPA regulatory
proposals with significant Federal
intergovernmental mandates, and
informing, educating, and advising
small governments on compliance with
the regulatory requirements.
2. Does UMRA Apply to This Final
Rule?
No, EPA has determined that this rule
does not contain a Federal mandate that
may result in expenditures of $100
million or more for State, local, and
tribal governments in the aggregate, or
by the private sector in any one year.
This rule will not impose any federal
intergovernmental mandate because it
imposes no enforceable duty upon State,
tribal or local governments. Listing a
site on the NPL does not itself impose
any costs. Listing does not mean that
EPA necessarily will undertake
remedial action. Nor does listing require
any action by a private party or
determine liability for response costs.
Costs that arise out of site responses
result from site-specific decisions
regarding what actions to take, not
directly from the act of listing a site on
the NPL.
For the same reasons, EPA also has
determined that this rule contains no
regulatory requirements that might
significantly or uniquely affect small
governments. In addition, as discussed
above, the private sector is not expected
to incur costs exceeding $100 million.
EPA has fulfilled the requirement for
analysis under the Unfunded Mandates
Reform Act.
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E. Executive Order 13132: Federalism
What Is Executive Order 13132 and Is It
Applicable to This Final Rule?
Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999), requires EPA to develop an
accountable process to ensure
‘‘meaningful and timely input by State
and local officials in the development of
regulatory policies that have federalism
implications.’’ ‘‘Policies that have
federalism implications’’ is defined in
the Executive Order to include
regulations that have ‘‘substantial direct
effects on the States, on the relationship
between the national government and
the States, or on the distribution of
power and responsibilities among the
various levels of government.’’
Under section 6 of Executive Order
13132, EPA may not issue a regulation
that has federalism implications, that
imposes substantial direct compliance
costs, and that is not required by statute,
unless the Federal government provides
the funds necessary to pay the direct
compliance costs incurred by State and
local governments, or EPA consults with
State and local officials early in the
process of developing the proposed
regulation. EPA also may not issue a
regulation that has federalism
implications and that preempts State
law, unless the Agency consults with
State and local officials early in the
process of developing the proposed
regulation. This final rule does not have
federalism implications. It will not have
substantial direct effects on the States,
on the relationship between the national
government and the States, or on the
distribution of power and
responsibilities among the various
levels of government, as specified in
Executive Order 13132. Thus, the
requirements of section 6 of the
Executive Order do not apply to this
rule.
F. Executive Order 13175: Consultation
and Coordination With Indian Tribal
Governments
1. What Is Executive Order 13175?
Executive Order 13175, entitled
‘‘Consultation and Coordination with
Indian Tribal Governments’’ (65 FR
67249, November 6, 2000), requires EPA
to develop an accountable process to
ensure ‘‘meaningful and timely input by
tribal officials in the development of
regulatory policies that have tribal
implications.’’ ‘‘Policies that have tribal
implications’’ is defined in the
Executive Order to include regulations
that have ‘‘substantial direct effects on
one or more Indian tribes, on the
relationship between the Federal
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Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations
government and the Indian tribes, or on
the distribution of power and
responsibilities between the Federal
government and Indian tribes.’’
2. Does Executive Order 13175 Apply to
This Final Rule?
This final rule does not have tribal
implications. It will not have substantial
direct effects on tribal governments, on
the relationship between the Federal
government and Indian tribes, or on the
distribution of power and
responsibilities between the Federal
government and Indian tribes, as
specified in Executive Order 13175.
Thus, Executive Order 13175 does not
apply to this final rule.
G. Executive Order 13045: Protection of
Children From Environmental Health
and Safety Risks
1. What Is Executive Order 13045?
Executive Order 13045: ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997) applies to any rule that:
(1) Is determined to be ‘‘economically
significant’’ as defined under Executive
Order 12866, and (2) concerns an
environmental health or safety risk that
EPA has reason to believe may have a
disproportionate effect on children. If
the regulatory action meets both criteria,
the Agency must evaluate the
environmental health or safety effects of
the planned rule on children, and
explain why the planned regulation is
preferable to other potentially effective
and reasonably feasible alternatives
considered by the Agency.
2. Does Executive Order 13045 Apply to
This Final Rule?
This rule is not subject to Executive
Order 13045 because it is not an
economically significant rule as defined
by Executive Order 12866, and because
the Agency does not have reason to
believe the environmental health or
safety risks addressed by this section
present a disproportionate risk to
children.
H. Executive Order 13211: Actions That
Significantly Affect Energy Supply,
Distribution, or Usage
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Is This Rule Subject to Executive Order
13211?
This rule is not a ‘‘significant energy
action’’ as defined in Executive Order
13211, ‘‘Actions Concerning Regulations
That Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355, May
22, 2001) because it is not likely to have
a significant adverse effect on the
supply, distribution, or use of energy.
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I. National Technology Transfer and
Advancement Act
1. What Is the National Technology
Transfer and Advancement Act?
Section 12(d) of the National
Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104–
113, section 12(d) (15 U.S.C. 272 note),
directs EPA to use voluntary consensus
standards in its regulatory activities
unless to do so would be inconsistent
with applicable law or otherwise
impractical. Voluntary consensus
standards are technical standards (e.g.,
materials specifications, test methods,
sampling procedures, and business
practices) that are developed or adopted
by voluntary consensus standards
bodies. The NTTAA directs EPA to
provide Congress, through OMB,
explanations when the Agency decides
not to use available and applicable
voluntary consensus standards.
2. Does the National Technology
Transfer and Advancement Act Apply
to This Final Rule?
No. This rulemaking does not involve
technical standards. Therefore, EPA did
not consider the use of any voluntary
consensus standards.
J. Congressional Review Act
1. Has EPA Submitted This Rule to
Congress and the General Accounting
Office?
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, that includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. EPA has submitted
a report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A ‘‘major rule’’
cannot take effect until 60 days after it
is published in the Federal Register.
This rule is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
2. Could the Effective Date of This Final
Rule Change?
Provisions of the Congressional
Review Act (CRA) or section 305 of
CERCLA may alter the effective date of
this regulation.
Under the CRA, 5 U.S.C. 801(a),
before a rule can take effect the Federal
agency promulgating the rule must
submit a report to each House of the
Congress and to the Comptroller
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20021
General. This report must contain a
copy of the rule, a concise general
statement relating to the rule (including
whether it is a major rule), a copy of the
cost-benefit analysis of the rule (if any),
the agency’s actions relevant to
provisions of the Regulatory Flexibility
Act (affecting small businesses) and the
Unfunded Mandates Reform Act of 1995
(describing unfunded Federal
requirements imposed on state and local
governments and the private sector),
and any other relevant information or
requirements and any relevant
Executive Orders.
EPA has submitted a report under the
CRA for this rule. The rule will take
effect, as provided by law, within 30
days of publication of this document,
since it is not a major rule. Section
804(2) defines a major rule as any rule
that the Administrator of the Office of
Information and Regulatory Affairs
(OIRA) of the Office of Management and
Budget (OMB) finds has resulted in or
is likely to result in: an annual effect on
the economy of $100,000,000 or more; a
major increase in costs or prices for
consumers, individual industries,
Federal, State, or local government
agencies, or geographic regions; or
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
enterprises to compete with foreignbased enterprises in domestic and
export markets. NPL listing is not a
major rule because, as explained above,
the listing, itself, imposes no monetary
costs on any person. It establishes no
enforceable duties, does not establish
that EPA necessarily will undertake
remedial action, nor does it require any
action by any party or determine its
liability for site response costs. Costs
that arise out of site responses result
from site-by-site decisions about what
actions to take, not directly from the act
of listing itself. Section 801(a)(3)
provides for a delay in the effective date
of major rules after this report is
submitted.
3. What Could Cause a Change in the
Effective Date of This Rule?
Under 5 U.S.C. 801(b)(1) a rule shall
not take effect, or continue in effect, if
Congress enacts (and the President
signs) a joint resolution of disapproval,
described under section 802.
Another statutory provision that may
affect this rule is CERCLA section 305,
which provides for a legislative veto of
regulations promulgated under
CERCLA. Although INS v. Chadha, 462
U.S. 919,103 S. Ct. 2764 (1983) and Bd.
of Regents of the University of
Washington v. EPA, 86 F.3d 1214,1222
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(D.C. Cir. 1996) cast the validity of the
legislative veto into question, EPA has
transmitted a copy of this regulation to
the Secretary of the Senate and the Clerk
of the House of Representatives.
If action by Congress under either the
CRA or CERCLA section 305 calls the
effective date of this regulation into
question, EPA will publish a document
of clarification in the Federal Register.
Intergovernmental relations, Natural
resources, Oil pollution, Penalties,
Reporting and recordkeeping
requirements, Superfund, Water
pollution control, Water supply.
List of Subjects in 40 CFR Part 300
40 CFR part 300 is amended as
follows:
Environmental protection, Air
pollution control, Chemicals, Hazardous
substances, Hazardous waste,
PART 300—[AMENDED]
1. The authority citation for part 300
continues to read as follows:
I
Dated: April 12, 2006.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste
and Emergency Response.
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C.
9601–9657; 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. Table 1 of Appendix B to part 300
is amended by adding the following
sites in alphabetical order to read as
follows:
I
Appendix B to Part 300—National
Priorities List
TABLE 1.—GENERAL SUPERFUND SECTION
Notes (a)
State
Site name
*
*
CA .............................................................
*
*
Klau/Buena Vista Mine ...........................
*
*
San Luis Obispo County.
*
*
*
GA .............................................................
*
*
Alternate Energy Resources ...................
*
Augusta.
*
*
*
*
MA .............................................................
*
*
Olin Chemical .........................................
*
Wilmington.
*
*
*
*
NE .............................................................
*
*
Parkview Well .........................................
*
Grand Island.
*
*
*
*
NE .............................................................
*
*
West Highway 6 & Highway 281 ............
*
Hastings.
*
*
*
*
WA ............................................................
*
*
Quendall Terminals .................................
*
Renton.
*
*
*
*
*
*
*
City/county
*
*
= Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (HRS score need not be ≤ 28.50).
C = Sites on Construction Completion list.
S = State top priority (HRS score need not be ≤ 28.50)
P = Sites with partial deletion(s).
(a) A
*
*
*
*
*
ACTION:
[FR Doc. 06–3666 Filed 4–18–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF TRANSPORTATION
National Highway Traffic Safety
Administration
49 CFR Part 541
[Docket No. NHTSA–2006–23934]
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RIN 2127–AJ89
Federal Motor Vehicle Theft Prevention
Standard; Final Listing of 2007 Light
Duty Truck Lines Subject to the
Requirements of This Standard and
Exempted Vehicle Lines for Model Year
2007
National Highway Traffic
Safety Administration (NHTSA),
Department of Transportation.
AGENCY:
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15:12 Apr 18, 2006
Jkt 208001
Final rule.
SUMMARY: This final rule announces
NHTSA’s determination that no new
model year (MY) 2007 light duty truck
lines are subject to the parts-marking
requirements of the Federal motor
vehicle theft prevention standard
because they have been determined by
the agency to be high-theft or that they
have a majority of interchangeable parts
with those of a passenger motor vehicle
line. This final rule also identifies those
vehicle lines that are exempted from the
parts-marking requirements because the
vehicles are equipped with antitheft
devices determined to meet certain
statutory criteria pursuant to the statute
relating to motor vehicle theft
prevention.
EFFECTIVE DATE: The amendment made
by this final rule is effective April 19,
2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Rosalind Proctor, Consumer Standards
PO 00000
Frm 00038
Fmt 4700
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Division, Office of International Vehicle,
Fuel Economy and Consumer
Standards, NHTSA, 400 Seventh Street,
SW., Washington, DC 20590. Ms.
Proctor’s telephone number is (202)
366–0846. Her fax number is (202) 493–
2290.
SUPPLEMENTARY INFORMATION: On April
6, 2004, the agency published in the
Federal Register (69 FR 17960) a final
rule extending the parts marking
requirements to certain vehicle lines
that were not previously subject to these
requirements: (1) All low-theft
passenger car lines; (2) all low-theft
multipurpose passenger vehicle (MPV)
lines with a gross vehicle weight rating
(GVWR) of 6,000 pounds or less; and (3)
low-theft light-duty truck (LDT) lines
with a GVWR of 6,000 pounds or less
that have major parts that are
interchangeable with a majority of the
covered major parts of passenger cars or
MPVs. The high-theft vehicle lines that
were previously exempted under 49
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]]>Agencies
[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Rules and Regulations]
[Pages 20016-20022]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3666]
[[Page 20016]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-SFUND-2006-0261, EPA-HQ-SFUND-2006-0263, EPA-HQ-SFUND-2006-
0264, EPA-HQ-SFUND-2006-0265, EPA-HQ-SFUND-2006-0266, EPA-HQ-SFUND-
2006-0268; FRL-8159-5]
RIN 2050-AD75
National Priorities List for Uncontrolled Hazardous Waste Sites
AGENCY: Environmental Protection Agency.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires
that the National Oil and Hazardous Substances Pollution Contingency
Plan (``NCP'') include a list of national priorities among the known
releases or threatened releases of hazardous substances, pollutants, or
contaminants throughout the United States. The National Priorities List
(``NPL'') constitutes this list. The NPL is intended primarily to guide
the Environmental Protection Agency (``EPA'' or ``the Agency'') in
determining which sites warrant further investigation. These further
investigations will allow EPA to assess the nature and extent of public
health and environmental risks associated with the site and to
determine what CERCLA-financed remedial action(s), if any, may be
appropriate. This rule adds six new sites to the General Superfund
Section of the NPL.
DATES: The effective date for this amendment to the NCP is May 19,
2006.
ADDRESSES: For addresses for the Headquarters and Regional dockets, as
well as further details on what these dockets contain, see section II,
``Availability of Information to the Public'' in the SUPPLEMENTARY
INFORMATION portion of this preamble.
FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone (703) 603-8852,
State, Tribal and Site Identification Branch; Assessment and
Remediation Division; Office of Superfund Remediation and Technology
Innovation (mail code 5204G); U.S. Environmental Protection Agency;
1200 Pennsylvania Avenue NW.; Washington, DC 20460; or the Superfund
Hotline, phone (800) 424-9346 or (703) 412-9810 in the Washington, DC,
metropolitan area.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Background
A. What are CERCLA and SARA?
B. What is the NCP?
C. What is the National Priorities List (NPL)?
D. How are Sites Listed on the NPL?
E. What Happens to Sites on the NPL?
F. Does the NPL Define the Boundaries of Sites?
G. How are Sites Removed From the NPL?
H. May EPA Delete Portions of Sites From the NPL as They Are
Cleaned Up?
I. What is the Construction Completion List (CCL)?
II. Availability of Information to the Public
A. May I Review the Documents Relevant to This Final Rule?
B. What Documents are Available for Review at the Headquarters
Docket?
C. What Documents are Available for Review at the Regional
Dockets?
D. How Do I Access the Documents?
E. How May I Obtain a Current List of NPL Sites?
III. Contents of This Final Rule
A. Additions to the NPL
B. What Did EPA Do With the Public Comments It Received?
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
1. What is Executive Order 12866?
2. Is This Final Rule Subject to Executive Order 12866 Review?
B. Paperwork Reduction Act
1. What is the Paperwork Reduction Act?
2. Does the Paperwork Reduction Act Apply to This Final Rule?
C. Regulatory Flexibility Act
1. What is the Regulatory Flexibility Act?
2. How Has EPA Complied with the Regulatory Flexibility Act?
D. Unfunded Mandates Reform Act
1. What is the Unfunded Mandates Reform Act (UMRA)?
2. Does UMRA Apply to This Final Rule?
E. Executive Order 13132: Federalism
What Is Executive Order 13132 and Is It Applicable to This Final
Rule?
F. Executive Order 13175: Consultation and Coordination with
Indian Tribal Governments
1. What is Executive Order 13175?
2. Does Executive Order 13175 Apply to This Final Rule?
G. Executive Order 13045: Protection of Children from
Environmental Health and Safety Risks
1. What is Executive Order 13045?
2. Does Executive Order 13045 Apply to This Final Rule?
H. Executive Order 13211: Actions that Significantly Affect
Energy Supply, Distribution, or Usage
Is this Rule Subject to Executive Order 13211?
I. National Technology Transfer and Advancement Act
1. What is the National Technology Transfer and Advancement Act?
2. Does the National Technology Transfer and Advancement Act
Apply to This Final Rule?
J. Congressional Review Act
1. Has EPA Submitted This Rule to Congress and the General
Accounting Office?
2. Could the Effective Date of This Final Rule Change?
3. What Could Cause a Change in the Effective Date of This Rule?
I. Background
A. What are CERCLA and SARA?
In 1980, Congress enacted the Comprehensive Environmental Response,
Compensation, and Liability Act, 42 U.S.C. 9601-9675 (``CERCLA'' or
``the Act''), in response to the dangers of uncontrolled releases or
threatened releases of hazardous substances, and releases or
substantial threats of releases into the environment of any pollutant
or contaminant that may present an imminent or substantial danger to
the public health or welfare. CERCLA was amended on October 17, 1986,
by the Superfund Amendments and Reauthorization Act (``SARA''), Public
Law 99-499, 100 Stat. 1613 et seq.
B. What is the NCP?
To implement CERCLA, EPA promulgated the revised National Oil and
Hazardous Substances Pollution Contingency Plan (``NCP''), 40 CFR part
300, on July 16, 1982 (47 FR 31180), pursuant to CERCLA section 105 and
Executive Order 12316 (46 FR 42237, August 20, 1981). The NCP sets
guidelines and procedures for responding to releases and threatened
releases of hazardous substances, or releases or substantial threats of
releases into the environment of any pollutant or contaminant that may
present an imminent or substantial danger to the public health or
welfare. EPA has revised the NCP on several occasions. The most recent
comprehensive revision was on March 8, 1990 (55 FR 8666).
As required under section 105(a)(8)(A) of CERCLA, the NCP also
includes ``criteria for determining priorities among releases or
threatened releases throughout the United States for the purpose of
taking remedial action and, to the extent practicable, taking into
account the potential urgency of such action for the purpose of taking
removal action.'' ``Removal'' actions are defined broadly and include a
wide range of actions taken to study, clean up, prevent or otherwise
address releases and threatened releases of hazardous substances,
pollutants or contaminants (42 U.S.C. 9601(23)).
C. What is the National Priorities List (NPL)?
The NPL is a list of national priorities among the known or
threatened releases of hazardous substances, pollutants, or
contaminants throughout the United States. The list, which is appendix
B of the NCP (40 CFR part 300), was required
[[Page 20017]]
under section 105(a)(8)(B) of CERCLA, as amended by SARA. Section
105(a)(8)(B) defines the NPL as a list of ``releases'' and the highest
priority ``facilities'' and requires that the NPL be revised at least
annually. The NPL is intended primarily to guide EPA in determining
which sites warrant further investigation to assess the nature and
extent of public health and environmental risks associated with a
release of hazardous substances, pollutants or contaminants. The NPL is
only of limited significance, however, as it does not assign liability
to any party or to the owner of any specific property. Neither does
placing a site on the NPL mean that any remedial or removal action
necessarily need be taken.
For purposes of listing, the NPL includes two sections, one of
sites that are generally evaluated and cleaned up by EPA (the ``General
Superfund Section''), and one of sites that are owned or operated by
other Federal agencies (the ``Federal Facilities Section''). With
respect to sites in the Federal Facilities Section, these sites are
generally being addressed by other Federal agencies. Under Executive
Order 12580 (52 FR 2923, January 29, 1987) and CERCLA section 120, each
Federal agency is responsible for carrying out most response actions at
facilities under its own jurisdiction, custody, or control, although
EPA is responsible for preparing a Hazard Ranking System (HRS) score
and determining whether the facility is placed on the NPL. EPA's role
is less extensive than at other sites.
D. How are Sites Listed on the NPL?
There are three mechanisms for placing sites on the NPL for
possible remedial action (see 40 CFR 300.425(c) of the NCP): (1) A site
may be included on the NPL if it scores sufficiently high on the Hazard
Ranking System (``HRS''), which EPA promulgated as appendix A of the
NCP (40 CFR part 300). The HRS serves as a screening tool to evaluate
the relative potential of uncontrolled hazardous substances, pollutant
or contaminants to pose a threat to human health or the environment. On
December 14, 1990 (55 FR 51532), EPA promulgated revisions to the HRS
partly in response to CERCLA section 105(c), added by SARA. The revised
HRS evaluates four pathways: ground water, surface water, soil
exposure, and air. As a matter of Agency policy, those sites that score
28.50 or greater on the HRS are eligible for the NPL; (2) Pursuant to
42 U.S.C 9605(a)(8)(B), each State may designate a single site as its
top priority to be listed on the NPL, without any HRS score. This
provision of CERCLA requires that, to the extent practicable, the NPL
include one facility designated by each State as the greatest danger to
public health, welfare, or the environment among known facilities in
the State. This mechanism for listing is set out in the NCP at 40 CFR
300.425(c)(2); (3) The third mechanism for listing, included in the NCP
at 40 CFR 300.425(c)(3), allows certain sites to be listed without any
HRS score, if all of the following conditions are met:
The Agency for Toxic Substances and Disease Registry
(ATSDR) of the U.S. Public Health Service has issued a health advisory
that recommends dissociation of individuals from the release.
EPA determines that the release poses a significant threat
to public health.
EPA anticipates that it will be more cost-effective to use
its remedial authority than to use its removal authority to respond to
the release.
EPA promulgated an original NPL of 406 sites on September 8, 1983
(48 FR 40658) and generally has updated it at least annually.
E. What Happens to Sites on the NPL?
A site may undergo remedial action financed by the Trust Fund
established under CERCLA (commonly referred to as the ``Superfund'')
only after it is placed on the NPL, as provided in the NCP at 40 CFR
300.425(b)(1). (``Remedial actions'' are those ``consistent with
permanent remedy, taken instead of or in addition to removal actions *
* *.'' 42 U.S.C. 9601(24).) However, under 40 CFR 300.425(b)(2) placing
a site on the NPL ``does not imply that monies will be expended.'' EPA
may pursue other appropriate authorities to respond to the releases,
including enforcement action under CERCLA and other laws.
F. Does the NPL Define the Boundaries of Sites?
The NPL does not describe releases in precise geographical terms;
it would be neither feasible nor consistent with the limited purpose of
the NPL (to identify releases that are priorities for further
evaluation), for it to do so.
Although a CERCLA ``facility'' is broadly defined to include any
area where a hazardous substance release has ``come to be located''
(CERCLA section 101(9)), the listing process itself is not intended to
define or reflect the boundaries of such facilities or releases. Of
course, HRS data (if the HRS is used to list a site) upon which the NPL
placement was based will, to some extent, describe the release(s) at
issue. That is, the NPL site would include all releases evaluated as
part of that HRS analysis.
When a site is listed, the approach generally used to describe the
relevant release(s) is to delineate a geographical area (usually the
area within an installation or plant boundaries) and identify the site
by reference to that area. As a legal matter, the site is not
coextensive with that area, and the boundaries of the installation or
plant are not the ``boundaries'' of the site. Rather, the site consists
of all contaminated areas within the area used to identify the site, as
well as any other location where that contamination has come to be
located, or from where that contamination came.
In other words, while geographic terms are often used to designate
the site (e.g., the ``Jones Co. plant site'') in terms of the property
owned by a particular party, the site properly understood is not
limited to that property (e.g., it may extend beyond the property due
to contaminant migration), and conversely may not occupy the full
extent of the property (e.g., where there are uncontaminated parts of
the identified property, they may not be, strictly speaking, part of
the ``site''). The ``site'' is thus neither equal to nor confined by
the boundaries of any specific property that may give the site its
name, and the name itself should not be read to imply that this site is
coextensive with the entire area within the property boundary of the
installation or plant. The precise nature and extent of the site are
typically not known at the time of listing. Also, the site name is
merely used to help identify the geographic location of the
contamination. For example, the name ``Jones Co. plant site,'' does not
imply that the Jones company is responsible for the contamination
located on the plant site.
EPA regulations provide that the ``nature and extent of the problem
presented by the release'' will be determined by a Remedial
Investigation/Feasibility Study (RI/FS) as more information is
developed on site contamination (40 CFR 300.5). During the RI/FS
process, the release may be found to be larger or smaller than was
originally thought, as more is learned about the source(s) and the
migration of the contamination. However, this inquiry focuses on an
evaluation of the threat posed; the boundaries of the release need not
be exactly defined. Moreover, it generally is impossible to discover
the full extent of where the contamination ``has come to be located''
before all necessary studies and remedial work are completed at a site.
Indeed, the known boundaries of the contamination can be expected to
[[Page 20018]]
change over time. Thus, in most cases, it may be impossible to describe
the boundaries of a release with absolute certainty.
Further, as noted above, NPL listing does not assign liability to
any party or to the owner of any specific property. Thus, if a party
does not believe it is liable for releases on discrete parcels of
property, supporting information can be submitted to the Agency at any
time after a party receives notice it is a potentially responsible
party.
For these reasons, the NPL need not be amended as further research
reveals more information about the location of the contamination or
release.
G. How are Sites Removed From the NPL?
EPA may delete sites from the NPL where no further response is
appropriate under Superfund, as explained in the NCP at 40 CFR
300.425(e). This section also provides that EPA shall consult with
states on proposed deletions and shall consider 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 Superfund-financed response has been
implemented and no further response action is required; or
(iii) The remedial investigation has shown the release poses no
significant threat to public health or the environment, and taking of
remedial measures is not appropriate.
H. May EPA Delete Portions of Sites From the NPL as They Are Cleaned
Up?
In November 1995, EPA initiated a new policy to delete portions of
NPL sites where cleanup is complete (60 FR 55465, November 1, 1995).
Total site cleanup may take many years, while portions of the site may
have been cleaned up and available for productive use.
I. What is the Construction Completion List (CCL)?
EPA also has developed an NPL construction completion list
(``CCL'') to simplify its system of categorizing sites and to better
communicate the successful completion of cleanup activities (58 FR
12142, March 2, 1993). Inclusion of a site on the CCL has no legal
significance.
Sites qualify for the CCL when: (1) Any necessary physical
construction is complete, whether or not final cleanup levels or other
requirements have been achieved; (2) EPA has determined that the
response action should be limited to measures that do not involve
construction (e.g., institutional controls); or (3) the site qualifies
for deletion from the NPL. For the most up-to-date information on the
CCL, see EPA's Internet site at https://www.epa.gov/superfund.
II. Availability of Information to the Public
A. May I Review the Documents Relevant to This Final Rule?
Yes, documents relating to the evaluation and scoring of the sites
in this final rule are contained in dockets located both at EPA
Headquarters and in the Regional offices.
An electronic version of the public docket is available through
https://www.regulations.gov (see table below for Docket Identification
numbers). Although not all Docket materials may be available
electronically, you may still access any of the publicly available
Docket materials through the Docket facilities identified below in
section II D.
------------------------------------------------------------------------
Site name Location FDMS docket ID No.
------------------------------------------------------------------------
Klau/Buena Vista Mine....... San Luis Obispo EPA-HQ-SFUND-2006-02
County, CA. 66.
Alternate Energy Resources.. Augusta, GA......... EPA-HQ-SFUND-2006-02
63.
Olin Chemical............... Wilmington, MA...... EPA-HQ-SFUND-2006-02
61.
Parkview Well............... Grand Island, NE.... EPA-HQ-SFUND-2006-02
65.
West Highway 6 & Highway 281 Hastings, NE........ EPA-HQ-SFUND-2006-02
64.
Quendall Terminals.......... Renton, WA.......... EPA-HQ-SFUND-2006-02
68.
------------------------------------------------------------------------
B. What Documents are Available for Review at the Headquarters Docket?
The Headquarters Docket for this rule contains, for each site, the
HRS score sheets, the Documentation Record describing the information
used to compute the score, pertinent information regarding statutory
requirements or EPA listing policies that affect the site, and a list
of documents referenced in the Documentation Record. For sites that
received comments during the comment period, the Headquarters Docket
also contains a Support Document that includes EPA's responses to
comments.
C. What Documents are Available for Review at the Regional Dockets?
The Regional Dockets contain all the information in the
Headquarters Docket, plus the actual reference documents containing the
data principally relied upon by EPA in calculating or evaluating the
HRS score for the sites located in their Region. These reference
documents are available only in the Regional Dockets. For sites that
received comments during the comment period, the Regional Docket also
contains a Support Document that includes EPA's responses to comments.
D. How Do I Access the Documents?
You may view the documents, by appointment only, after the
publication of this rule. The hours of operation for the Headquarters
Docket are from 8:30 a.m. to 4:30 p.m., Monday through Friday,
excluding Federal holidays. Please contact the Regional Dockets for
hours.
Following is the contact information for the EPA Headquarters:
Docket Coordinator, Headquarters; U.S. Environmental Protection Agency;
CERCLA Docket Office; 1301 Constitution Avenue; EPA West, Room B102,
Washington, DC 20004, 202/566-0276.
The contact information for the Regional Dockets is as follows:
Joan Berggren, Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA,
Superfund Records and Information Center, Mailcode HSC, One Congress
Street, Suite 1100, Boston, MA 02114-2023; 617/918-1417.
Dennis Munhall, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290
Broadway, New York, NY 10007-1866; 212/637-4343.
Dawn Shellenberger (ASRC), Region 3 (DE, DC, MD, PA, VA, WV),
U.S. EPA, Library, 1650 Arch Street, Mailcode 3PM52, Philadelphia,
PA 19103; 215/814-5364.
Debbie Jourdan, Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S.
EPA, 61 Forsyth Street, SW, 9th floor, Atlanta, GA 30303; 404/562-
8862.
Janet Pfundheller, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA,
Records Center, Superfund Division SRC-7J, Metcalfe Federal
Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/353-
5821.
Brenda Cook, Region 6 (AR, LA, NM, OK, TX), U.S. EPA, 1445 Ross
Avenue, Mailcode 6SF-RA, Dallas, TX 75202-2733; 214/665-7436.
[[Page 20019]]
Michelle Quick, Region 7 (IA, KS, MO, NE), U.S. EPA, 901 North
5th Street, Kansas City, KS 66101; 913/551-7335.
Gwen Christiansen, Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA,
999 18th Street, Suite 500, Mailcode 8EPR-B, Denver, CO 80202-2466;
303/312-6463.
Dawn Richmond, Region 9 (AZ, CA, HI, NV, AS, GU), U.S. EPA, 75
Hawthorne Street, San Francisco, CA 94105; 415/972-3097.
Denise Baker, Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th
Avenue, Mail Stop ECL-115, Seattle, WA 98101; 206/553-4303.
E. How May I Obtain a Current List of NPL Sites?
You may obtain a current list of NPL sites via the Internet at
https://www.epa.gov/superfund/ (look under the Superfund sites category)
or by contacting the Superfund Docket (see contact information above).
III. Contents of This Final Rule
A. Additions to the NPL
This final rule adds the following six sites to the NPL; all to the
General Superfund Section:
------------------------------------------------------------------------
State Site name City/county
------------------------------------------------------------------------
CA.......................... Klau/Buena Vista San Luis Obispo
Mine. County.
GA.......................... Alternate Energy Augusta.
Resources.
MA.......................... Olin Chemical....... Wilmington.
NE.......................... Parkview Well....... Grand Island.
NE.......................... West Highway 6 & Hastings.
Highway 281.
WA.......................... Quendall Terminals.. Renton.
------------------------------------------------------------------------
B. What Did EPA Do With the Public Comments It Received?
EPA reviewed all comments received on the sites in this rule and
responded to all relevant comments. EPA received negative comments on
the following sites: West Highway 6 & Highway 281, Parkview Well, and
Klau/Buena Vista Mine. EPA's responses to these comments are addressed
in the ``Support Document for the Revised National Priorities List
Final Rule--April 2006.''
EPA received a comment related to four of the sites in this rule
suggesting that EPA should delay listing because of a Supreme Court
decision related to cost and liability issues for Potentially
Responsible Parties ( PRPs). This comment is not relevant to the HRS
scoring of the sites or the underlying basis for the NPL listing and is
therefore not included or addressed in the ``Support Document for the
Revised National Priorities List Final Rule--April 2006.''
For the remainder of sites in this rule, EPA received no comments
or only comments supporting the listing of the sites to the NPL and
therefore, EPA is placing them on the NPL at this time. All comments
that were received by EPA are contained in the Headquarters Docket and
are also listed in EPA's electronic public Docket and comment system at
https://www.regulations.gov (see table above for the appropriate FDMS
Docket identification number).
IV. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review
1. What Is Executive Order 12866?
Under Executive Order 12866, (58 FR 51735 (October 4, 1993)) the
Agency must determine whether a regulatory action is ``significant''
and therefore subject to Office of Management and Budget (OMB) review
and the requirements of the Executive Order. The Order defines
``significant regulatory action'' as one that is likely to result in a
rule that may: (1) Have an annual effect on the economy of $100 million
or more or adversely affect in a material way the economy, a sector of
the economy, productivity, competition, jobs, the environment, public
health or safety, or State, local, or tribal governments or
communities; (2) create a serious inconsistency or otherwise interfere
with an action taken or planned by another agency; (3) materially alter
the budgetary impact of entitlements, grants, user fees, or loan
programs or the rights and obligations of recipients thereof; or (4)
raise novel legal or policy issues arising out of legal mandates, the
President's priorities, or the principles set forth in the Executive
Order.
2. Is This Final Rule Subject to Executive Order 12866 Review?
No. The listing of sites on the NPL does not impose any obligations
on any entities. The listing does not set standards or a regulatory
regime and imposes no liability or costs. Any liability under CERCLA
exists irrespective of whether a site is listed. It has been determined
that this action is not a ``significant regulatory action'' under the
terms of Executive Order 12866 and is therefore not subject to OMB
review.
B. Paperwork Reduction Act
1. What Is the Paperwork Reduction Act?
According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et
seq., an agency may not conduct or sponsor, and a person is not
required to respond to a collection of information that requires OMB
approval under the PRA, unless it has been approved by OMB and displays
a currently valid OMB control number. The OMB control numbers for EPA's
regulations, after initial display in the preamble of the final rules,
are listed in 40 CFR part 9.
2. Does the Paperwork Reduction Act Apply to This Final Rule?
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.
EPA has determined that the PRA does not apply because this rule does
not contain any information collection requirements that require
approval of the OMB.
Burden means the total time, effort, or financial resources
expended by persons to generate, maintain, retain, or disclose or
provide information to or for a Federal agency. This includes the time
needed to review instructions; develop, acquire, install, and utilize
technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and
disclosing and providing information; adjust the existing ways to
comply with any previously applicable instructions and requirements;
train personnel to be able to respond to a collection of information;
search data sources; complete and review the collection of information;
and transmit or otherwise disclose the information.
An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9.
[[Page 20020]]
C. Regulatory Flexibility Act
1. What Is the Regulatory Flexibility Act?
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act
(SBREFA) of 1996) whenever an agency is required to publish a notice of
rulemaking for any proposed or final rule, it must prepare and make
available for public comment a regulatory flexibility analysis that
describes the effect of the rule on small entities (i.e., small
businesses, small organizations, and small governmental jurisdictions).
However, no regulatory flexibility analysis is required if the head of
an agency certifies the rule will not have a significant economic
impact on a substantial number of small entities. SBREFA amended the
Regulatory Flexibility Act to require Federal agencies to provide a
statement of the factual basis for certifying that a rule will not have
a significant economic impact on a substantial number of small
entities.
2. How Has EPA Complied With the Regulatory Flexibility Act?
This rule listing sites on the NPL does not impose any obligations
on any group, including small entities. This rule also does not
establish standards or requirements that any small entity must meet,
and imposes no direct costs on any small entity. Whether an entity,
small or otherwise, is liable for response costs for a release of a
hazardous substance depends on whether that entity is liable under
CERCLA 107(a). Any such liability exists regardless of whether the site
is listed on the NPL through this rulemaking. Thus, this rule does not
impose any requirements on any small entities. For the foregoing
reasons, I certify that this rule will not have a significant economic
impact on a substantial number of small entities.
D. Unfunded Mandates Reform Act
1. What Is the Unfunded Mandates Reform Act (UMRA)?
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law 104-4, establishes requirements for Federal Agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures by State, local, and tribal governments, in
the aggregate, or by the private sector, of $100 million or more in any
one year. Before EPA promulgates a rule where a written statement is
needed, section 205 of the UMRA generally requires EPA to identify and
consider a reasonable number of regulatory alternatives and adopt the
least costly, most cost-effective, or least burdensome alternative that
achieves the objectives of the rule. The provisions of section 205 do
not apply when they are inconsistent with applicable law. Moreover,
section 205 allows EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of EPA regulatory proposals with significant
Federal intergovernmental mandates, and informing, educating, and
advising small governments on compliance with the regulatory
requirements.
2. Does UMRA Apply to This Final Rule?
No, EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments in the aggregate, or by the
private sector in any one year. This rule will not impose any federal
intergovernmental mandate because it imposes no enforceable duty upon
State, tribal or local governments. Listing a site on the NPL does not
itself impose any costs. Listing does not mean that EPA necessarily
will undertake remedial action. Nor does listing require any action by
a private party or determine liability for response costs. Costs that
arise out of site responses result from site-specific decisions
regarding what actions to take, not directly from the act of listing a
site on the NPL.
For the same reasons, EPA also has determined that this rule
contains no regulatory requirements that might significantly or
uniquely affect small governments. In addition, as discussed above, the
private sector is not expected to incur costs exceeding $100 million.
EPA has fulfilled the requirement for analysis under the Unfunded
Mandates Reform Act.
E. Executive Order 13132: Federalism
What Is Executive Order 13132 and Is It Applicable to This Final Rule?
Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have federalism implications.''
``Policies that have federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government.''
Under section 6 of Executive Order 13132, EPA may not issue a
regulation that has federalism implications, that imposes substantial
direct compliance costs, and that is not required by statute, unless
the Federal government provides the funds necessary to pay the direct
compliance costs incurred by State and local governments, or EPA
consults with State and local officials early in the process of
developing the proposed regulation. EPA also may not issue a regulation
that has federalism implications and that preempts State law, unless
the Agency consults with State and local officials early in the process
of developing the proposed regulation. This final rule does not have
federalism implications. It will not have substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132.
Thus, the requirements of section 6 of the Executive Order do not apply
to this rule.
F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
1. What Is Executive Order 13175?
Executive Order 13175, entitled ``Consultation and Coordination
with Indian Tribal Governments'' (65 FR 67249, November 6, 2000),
requires EPA to develop an accountable process to ensure ``meaningful
and timely input by tribal officials in the development of regulatory
policies that have tribal implications.'' ``Policies that have tribal
implications'' is defined in the Executive Order to include regulations
that have ``substantial direct effects on one or more Indian tribes, on
the relationship between the Federal
[[Page 20021]]
government and the Indian tribes, or on the distribution of power and
responsibilities between the Federal government and Indian tribes.''
2. Does Executive Order 13175 Apply to This Final Rule?
This final rule does not have tribal implications. It will not have
substantial direct effects on tribal governments, on the relationship
between the Federal government and Indian tribes, or on the
distribution of power and responsibilities between the Federal
government and Indian tribes, as specified in Executive Order 13175.
Thus, Executive Order 13175 does not apply to this final rule.
G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
1. What Is Executive Order 13045?
Executive Order 13045: ``Protection of Children from Environmental
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies
to any rule that: (1) Is determined to be ``economically significant''
as defined under Executive Order 12866, and (2) concerns an
environmental health or safety risk that EPA has reason to believe may
have a disproportionate effect on children. If the regulatory action
meets both criteria, the Agency must evaluate the environmental health
or safety effects of the planned rule on children, and explain why the
planned regulation is preferable to other potentially effective and
reasonably feasible alternatives considered by the Agency.
2. Does Executive Order 13045 Apply to This Final Rule?
This rule is not subject to Executive Order 13045 because it is not
an economically significant rule as defined by Executive Order 12866,
and because the Agency does not have reason to believe the
environmental health or safety risks addressed by this section present
a disproportionate risk to children.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Usage
Is This Rule Subject to Executive Order 13211?
This rule is not a ``significant energy action'' as defined in
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR
28355, May 22, 2001) because it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
I. National Technology Transfer and Advancement Act
1. What Is the National Technology Transfer and Advancement Act?
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note), directs EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g., materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs EPA
to provide Congress, through OMB, explanations when the Agency decides
not to use available and applicable voluntary consensus standards.
2. Does the National Technology Transfer and Advancement Act Apply to
This Final Rule?
No. This rulemaking does not involve technical standards.
Therefore, EPA did not consider the use of any voluntary consensus
standards.
J. Congressional Review Act
1. Has EPA Submitted This Rule to Congress and the General Accounting
Office?
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, that includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA has submitted a report containing this rule and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A ``major rule''
cannot take effect until 60 days after it is published in the Federal
Register. This rule is not a ``major rule'' as defined by 5 U.S.C.
804(2).
2. Could the Effective Date of This Final Rule Change?
Provisions of the Congressional Review Act (CRA) or section 305 of
CERCLA may alter the effective date of this regulation.
Under the CRA, 5 U.S.C. 801(a), before a rule can take effect the
Federal agency promulgating the rule must submit a report to each House
of the Congress and to the Comptroller General. This report must
contain a copy of the rule, a concise general statement relating to the
rule (including whether it is a major rule), a copy of the cost-benefit
analysis of the rule (if any), the agency's actions relevant to
provisions of the Regulatory Flexibility Act (affecting small
businesses) and the Unfunded Mandates Reform Act of 1995 (describing
unfunded Federal requirements imposed on state and local governments
and the private sector), and any other relevant information or
requirements and any relevant Executive Orders.
EPA has submitted a report under the CRA for this rule. The rule
will take effect, as provided by law, within 30 days of publication of
this document, since it is not a major rule. Section 804(2) defines a
major rule as any rule that the Administrator of the Office of
Information and Regulatory Affairs (OIRA) of the Office of Management
and Budget (OMB) finds has resulted in or is likely to result in: an
annual effect on the economy of $100,000,000 or more; a major increase
in costs or prices for consumers, individual industries, Federal,
State, or local government agencies, or geographic regions; or
significant adverse effects on competition, employment, investment,
productivity, innovation, or on the ability of United States-based
enterprises to compete with foreign-based enterprises in domestic and
export markets. NPL listing is not a major rule because, as explained
above, the listing, itself, imposes no monetary costs on any person. It
establishes no enforceable duties, does not establish that EPA
necessarily will undertake remedial action, nor does it require any
action by any party or determine its liability for site response costs.
Costs that arise out of site responses result from site-by-site
decisions about what actions to take, not directly from the act of
listing itself. Section 801(a)(3) provides for a delay in the effective
date of major rules after this report is submitted.
3. What Could Cause a Change in the Effective Date of This Rule?
Under 5 U.S.C. 801(b)(1) a rule shall not take effect, or continue
in effect, if Congress enacts (and the President signs) a joint
resolution of disapproval, described under section 802.
Another statutory provision that may affect this rule is CERCLA
section 305, which provides for a legislative veto of regulations
promulgated under CERCLA. Although INS v. Chadha, 462 U.S. 919,103 S.
Ct. 2764 (1983) and Bd. of Regents of the University of Washington v.
EPA, 86 F.3d 1214,1222
[[Page 20022]]
(D.C. Cir. 1996) cast the validity of the legislative veto into
question, EPA has transmitted a copy of this regulation to the
Secretary of the Senate and the Clerk of the House of Representatives.
If action by Congress under either the CRA or CERCLA section 305
calls the effective date of this regulation into question, EPA will
publish a document of clarification in the Federal Register.
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.
Dated: April 12, 2006.
Susan Parker Bodine,
Assistant Administrator, Office of Solid Waste and Emergency Response.
40 CFR part 300 is amended as follows:
PART 300--[AMENDED]
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; 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. Table 1 of Appendix B to part 300 is amended by adding the following
sites in alphabetical order to read as follows:
Appendix B to Part 300--National Priorities List
Table 1.--General Superfund Section
----------------------------------------------------------------------------------------------------------------
State Site name City/county Notes \(a)\
----------------------------------------------------------------------------------------------------------------
* * * * * * *
CA.................................. Klau/Buena Vista Mine....... San Luis Obispo County......
* * * * * * *
GA.................................. Alternate Energy Resources.. Augusta.....................
* * * * * * *
MA.................................. Olin Chemical............... Wilmington..................
* * * * * * *
NE.................................. Parkview Well............... Grand Island................
* * * * * * *
NE.................................. West Highway 6 & Highway 281 Hastings....................
* * * * * * *
WA.................................. Quendall Terminals.......... Renton......................
* * * * * * *
----------------------------------------------------------------------------------------------------------------
\(a)\ A = Based on issuance of health advisory by Agency for Toxic Substance and Disease Registry (HRS score
need not be <= 28.50).
C = Sites on Construction Completion list.
S = State top priority (HRS score need not be <= 28.50)
P = Sites with partial deletion(s).
* * * * *
[FR Doc. 06-3666 Filed 4-18-06; 8:45 am]
BILLING CODE 6560-50-P
