National Priorities List, Proposed Rule No. 53, 64976-64983 [2010-26461]

Download as PDF jdjones on DSK8KYBLC1PROD with PROPOSALS-1 64976 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Proposed Rules finalized. Most of the impoundments that have been assessed have a ‘‘high’’ or ‘‘significant’’ hazard potential rating. As mentioned above, the hazard potential rating is not related to the stability of these impoundments, but to the potential for harm should the impoundment fail. For example, a ‘‘significant’’ hazard potential rating means impoundment failure can cause economic loss, environmental damage, or damage to infrastructure. The assessment reports being placed into the docket have been completed by contractors who are experts in the area of dam integrity, reflect the best professional judgment of the engineering firm, and are signed and stamped by a professional engineer who is licensed in the state in which the impoundment is located. The reports are based on a visual assessment of the site, interviews with site personnel, and the review of geotechnical reports and studies related to the design, construction and operation of these impoundments, if available. The engineering firms also reviewed past state/federal inspections of the impoundments. EPA’s contractors were not authorized to conduct any physical drilling, coring or sampling while on site; however, they did review studies which may have included such information. Also, the contractors were asked to rate the impoundments as ‘‘satisfactory,’’ ‘‘fair,’’ ‘‘poor,’’ or ‘‘unsatisfactory,’’ terms commonly used in the field of dam safety. Only impoundments rated as ‘‘unsatisfactory’’ pose immediate safety threats. None of the impoundments assessed so far have received an ‘‘unsatisfactory’’ rating. Impoundment ratings noted in the reports should be taken in the proper context, since a unit may be found to be structurally sound, while it may receive a ‘‘fair’’ or ‘‘poor’’ rating based on other factors such as lack of information. These condition ratings are different than the hazard potential ratings described above because they are related to the stability of the individual impoundment as assessed through a field inspection and available information on the impoundment. Draft copies of these reports have been reviewed by the facilities and the states for factual accuracy and their comments on the draft reports have also been placed in the docket and posted to EPA’s Web site. EPA continues to review the reports and the technical recommendations, and is working with the facilities to ensure that the recommendations are implemented. EPA has provided a copy of the final report to each facility and has requested that the facility implement the recommendations in the reports and develop plans for taking action. The action plans that have been completed also have been placed in the docket along with the draft assessment reports, comments on the draft reports, and the final assessment reports. (Note: These reports and action plans have been posted on EPA’s Web site since they have been received by the Agency. Thus, these reports and action plans have already been publicly available.) Additional action plans will be posted to EPA’s Web site as they become available (but in the absence of further EPA action, will not be considered part of the rulemaking record). Should facilities fail to take sufficient measures, EPA will take additional action, if the circumstances warrant, and will be devoting special attention to those facilities receiving a ‘‘poor’’ or ‘‘unsatisfactory’’ rating. Some companies have claimed that certain information they have provided to EPA related to their coal ash impoundments is CBI. While EPA reviews these claims, the information that is claimed as CBI is redacted (removed) from the coal ash reports. If these claims are accepted by EPA, the information will remain redacted. If EPA denies these claims, the information will be made publicly available and posted to EPA’s Web site. C. Conclusion The Agency solicits comments on this information, including the extent to which both the CCR surface impoundment information collection request responses and assessment materials on the structural integrity of these impoundments should be factored into EPA’s final rule on the Disposal of Coal Combustion Residuals from Electric Utilities. Dated: October 13, 2010. Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response. [FR Doc. 2010–26657 Filed 10–20–10; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–2010–0634, EPA–HQ– SFUND–2010–0636, EPA–HQ–SFUND–2010– 0638, EPA–HQ–SFUND–2010–0639, EPA– HQ–SFUND–2010–0640, EPA–HQ–SFUND– 2010–0641, EPA–HQ–SFUND–2010–0643, EPA–HQ–SFUND–2010–0645, EPA–HQ– SFUND–2010–0646, EPA–HQ–SFUND–2010– 0647; FRL–9216–1] RIN 2050–AD75 National Priorities List, Proposed Rule No. 53 AGENCY: Environmental Protection Agency. ACTION: Proposed rule. The Comprehensive Environmental Response, Compensation, and Liability Act (‘‘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 proposes to add nine sites to the General Superfund section of the NPL. This rule also withdraws one site from proposal to the General Superfund section of the NPL. SUMMARY: Comments regarding any of these proposed listings must be submitted (postmarked) on or before December 20, 2010. DATES: Identify the appropriate Docket Number from the table below. ADDRESSES: DOCKET IDENTIFICATION NUMBERS BY SITE: Site name City/County, State GBF, Inc., Dump ................................................................. Armstrong World Industries ................................................ Dwyer Property Ground Water Plume ................................ Antioch, CA ..................................................... Macon, GA ...................................................... Elkton, MD ....................................................... VerDate Mar<15>2010 14:39 Oct 20, 2010 Jkt 223001 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 E:\FR\FM\21OCP1.SGM Docket ID No. EPA–HQ–SFUND–2010–0647 EPA–HQ–SFUND–2010–0640 EPA–HQ–SFUND–2010–0639 21OCP1 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Proposed Rules 64977 DOCKET IDENTIFICATION NUMBERS BY SITE:—Continued City/County, State Washington County Lead District—Furnace Creek ............ Horton Iron and Metal ......................................................... Mansfield Trail Dump .......................................................... Milford Contaminated Aquifer ............................................. Cabo Rojo Ground Water Contamination ........................... Hormigas Ground Water Plume .......................................... West County Road 112 Ground Water ............................... jdjones on DSK8KYBLC1PROD with PROPOSALS-1 Site name Caledonia, MO ................................................ Wilmington, NC ............................................... Byram Township, NJ ....................................... Milford, OH ...................................................... Cabo Rojo, PR ................................................ Caguas, PR ..................................................... Midland, TX ..................................................... Submit your comments, identified by the appropriate Docket number, by one of the following methods: • https://www.regulations.gov: Follow the online instructions for submitting comments. • E-mail: superfund.docket@epa.gov. • Mail: Mail comments (no facsimiles or tapes) to Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA Docket Office; (Mail Code 5305T); 1200 Pennsylvania Avenue, NW.; Washington, DC 20460. • Hand Delivery or Express Mail: Send comments (no facsimiles or tapes) to Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue, NW.; EPA West, Room 3334, Washington, DC 20004. Such deliveries are only accepted during the Docket’s normal hours of operation (8:30 a.m. to 4:30 p.m., Monday through Friday, excluding Federal holidays). Instructions: Direct your comments to the appropriate Docket number (see table above). EPA’s policy is that all comments received will be included in the public Docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or e-mail. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system; that means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through https:// www.regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the public Docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your VerDate Mar<15>2010 14:39 Oct 20, 2010 Jkt 223001 name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional Docket addresses and further details on their contents, see section II, ‘‘Public Review/Public Comment,’’ of the Supplementary Information portion of this preamble. FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone: (703) 603–8852, e-mail: jeng.terry@epa.gov, Site Assessment and Remedy Decisions Branch, Assessment and Remediation Division, Office of Superfund Remediation and Technology Innovation (mail code 5204P), 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)? J. What is the sitewide ready for anticipated use measure? II. Public Review/Public Comment A. May I review the documents relevant to this proposed rule? B. How do I access the documents? C. What documents are available for public review at the headquarters docket? D. What documents are available for public review at the regional dockets? E. How do I submit my comments? F. What happens to my comments? PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 Docket ID No. EPA–HQ–SFUND–2010–0646 EPA–HQ–SFUND–2010–0641 EPA–HQ–SFUND–2010–0634 EPA–HQ–SFUND–2010–0643 EPA–HQ–SFUND–2010–0638 EPA–HQ–SFUND–2010–0636 EPA–HQ–SFUND–2010–0645 G. What should I consider when preparing my comments? H. May I submit comments after the public comment period is over? I. May I view public comments submitted by others? J. May I submit comments regarding sites not currently proposed to the NPL? III. Contents of This Proposed Rule A. Proposed Additions to the NPL B. Withdrawal of Site From Proposal to the NPL IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review 1. What is Executive Order 12866? 2. Is this proposed 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 proposed 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 proposed rule? E. Executive Order 13132: Federalism 1. What is Executive Order 13132? 2. Does Executive Order 13132 apply to this proposed 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 proposed 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 proposed rule? H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Usage 1. What is Executive Order 13211? 2. Does Executive Order 13211 apply to this proposed rule? 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 proposed rule? J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations E:\FR\FM\21OCP1.SGM 21OCP1 64978 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Proposed Rules 1. What is Executive Order 12898? 2. Does Executive Order 12898 apply to this proposed 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? jdjones on DSK8KYBLC1PROD with PROPOSALS-1 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 VerDate Mar<15>2010 14:39 Oct 20, 2010 Jkt 223001 under section 105(a)(8)(B) of CERCLA, as amended. 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. Also, placing a site on the NPL does not 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. 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 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, pollutants 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, PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 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. Indeed, the precise nature and extent of the site are typically not known at the time of listing. Although a CERCLA ‘‘facility’’ is broadly defined to include any area where a hazardous substance 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 E:\FR\FM\21OCP1.SGM 21OCP1 jdjones on DSK8KYBLC1PROD with PROPOSALS-1 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Proposed Rules 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. However, the NPL site is not necessarily coextensive with the boundaries of the installation or plant, and the boundaries of the installation or plant are not necessarily 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. In addition, the site name is merely used to help identify the geographic location of the contamination and is not meant to constitute any determination of liability at a site. 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 Remedial Investigation (‘‘RI’’) ‘‘is a process undertaken * * * to determine the nature and extent of the problem presented by the release’’ as more information is developed on site contamination, and which is generally performed in an interactive fashion with the Feasibility Study (‘‘FS’’) (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, the HRS inquiry focuses on an evaluation of the threat posed and therefore the boundaries of the release need not be exactly defined. Moreover, it generally is impossible to discover the full extent of where the contamination VerDate Mar<15>2010 14:39 Oct 20, 2010 Jkt 223001 ‘‘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 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, it can submit supporting information to the Agency at any time after it 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 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. H. May EPA delete portions of sites from the NPL as they are cleaned up? In November 1995, EPA initiated a 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 made 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 PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 64979 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/cleanup/ ccl.htm. J. What is the sitewide ready for anticipated use measure? The Sitewide Ready for Anticipated Use measure (formerly called Sitewide Ready-for-Reuse) represents important Superfund accomplishments and the measure reflects the high priority EPA places on considering anticipated future land use as part of our remedy selection process. See Guidance for Implementing the Sitewide Ready-for-Reuse Measure, May 24, 2006, OSWER 9365.0–36. This measure applies to final and deleted sites where construction is complete, all cleanup goals have been achieved, and all institutional or other controls are in place. EPA has been successful on many occasions in carrying out remedial actions that ensure protectiveness of human health and the environment, including current and future land users, in a manner that allows contaminated properties to be restored to environmental and economic vitality. For further information, please go to https://www.epa.gov/superfund/ programs/recycle/tools/. II. Public Review/Public Comment A. May I review the documents relevant to this proposed rule? Yes, documents that form the basis for EPA’s evaluation and scoring of the sites in this proposed rule are contained in public Dockets located both at EPA Headquarters in Washington, DC, and in the Regional offices. These documents are also available by electronic access at https://www.regulations.gov (see instructions in the ADDRESSES section above). B. How do I access the documents? You may view the documents, by appointment only, in the Headquarters or the Regional Dockets after the publication of this proposed 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. The following is the contact information for the EPA Headquarters Docket: Docket Coordinator, Headquarters; U.S. Environmental E:\FR\FM\21OCP1.SGM 21OCP1 jdjones on DSK8KYBLC1PROD with PROPOSALS-1 64980 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Proposed Rules Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue, NW.; EPA West, Room 3334, Washington, DC 20004; 202/566–0276. (Please note this is a visiting address only. Mail comments to EPA Headquarters as detailed at the beginning of this preamble.) 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. Ildefonso Acosta, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New York, NY 10007–1866; 212/637–4344. 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., Mail code 9T25, Atlanta, GA 30303; 404/562–8862. Janet Pfundheller, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA, Records Center, Superfund Division SMR–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, Suite 1200, Mailcode 6SFTS, Dallas, TX 75202–2733; 214/665–7436. Michelle Quick, Region 7 (IA, KS, MO, NE), U.S. EPA, 901 North 5th Street, Mailcode SUPRERNB, Kansas City, KS 66101; 913/551–7335. Sabrina Forrest, Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop Street, Mailcode 8EPR–B, Denver, CO 80202–1129; 303/312–6484. Karen Jurist, Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S. EPA, 75 Hawthorne Street, Mailcode SFD–9–1, San Francisco, CA 94105; 415/972– 3219. Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th Avenue, Mailcode ECL–112, Seattle, WA 98101; 206/463–1349. You may also request copies from EPA Headquarters or the Regional Dockets. An informal request, rather than a formal written request under the Freedom of Information Act, should be the ordinary procedure for obtaining copies of any of these documents. Please note that due to the difficulty of reproducing oversized maps, oversized maps may be viewed only in-person; since EPA dockets are not equipped to either copy and mail out such maps or scan them and send them out electronically. VerDate Mar<15>2010 14:39 Oct 20, 2010 Jkt 223001 You may use the Docket at https:// www.regulations.gov to access documents in the Headquarters Docket (see instructions included in the ADDRESSES section above). Please note that there are differences between the Headquarters Docket and the Regional Dockets and those differences are outlined below. C. What documents are available for public review at the headquarters docket? The Headquarters Docket for this proposed rule contains the following for the sites proposed in this rule: HRS score sheets; Documentation Records describing the information used to compute the score; information for any sites affected by particular statutory requirements or EPA listing policies; and a list of documents referenced in the Documentation Record. D. What documents are available for public review at the regional dockets? The Regional Dockets for this proposed rule contain all of the information in the Headquarters Docket plus the actual reference documents containing the data principally relied upon and cited by EPA in calculating or evaluating the HRS score for the sites. These reference documents are available only in the Regional Dockets. E. How do I submit my comments? Comments must be submitted to EPA Headquarters as detailed at the beginning of this preamble in the ADDRESSES section. Please note that the mailing addresses differ according to method of delivery. There are two different addresses that depend on whether comments are sent by express mail or by postal mail. F. What happens to my comments? EPA considers all comments received during the comment period. Significant comments are typically addressed in a support document that EPA will publish concurrently with the Federal Register document if, and when, the site is listed on the NPL. G. What should I consider when preparing my comments? Comments that include complex or voluminous reports, or materials prepared for purposes other than HRS scoring, should point out the specific information that EPA should consider and how it affects individual HRS factor values or other listing criteria (Northside Sanitary Landfill v. Thomas, 849 F.2d 1516 (DC Cir. 1988)). EPA will not address voluminous comments that are not referenced to the HRS or other PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 listing criteria. EPA will not address comments unless they indicate which component of the HRS documentation record or what particular point in EPA’s stated eligibility criteria is at issue. H. May I submit comments after the public comment period is over? Generally, EPA will not respond to late comments. EPA can only guarantee that it will consider those comments postmarked by the close of the formal comment period. EPA has a policy of generally not delaying a final listing decision solely to accommodate consideration of late comments. I. May I view public comments submitted by others? During the comment period, comments are placed in the Headquarters Docket and are available to the public on an ‘‘as received’’ basis. A complete set of comments will be available for viewing in the Regional Dockets approximately one week after the formal comment period closes. All public comments, whether submitted electronically or in paper, will be made available for public viewing in the electronic public Docket at https://www.regulations.gov as EPA receives them and without change, unless the comment contains copyrighted material, Confidential Business Information (CBI), or other information whose disclosure is restricted by statute. Once in the public Dockets system, select ‘‘search,’’ then key in the appropriate Docket ID number. J. May I submit comments regarding sites not currently proposed to the NPL? In certain instances, interested parties have written to EPA concerning sites that were not at that time proposed to the NPL. If those sites are later proposed to the NPL, parties should review their earlier concerns and, if still appropriate, resubmit those concerns for consideration during the formal comment period. Site-specific correspondence received prior to the period of formal proposal and comment will not generally be included in the Docket. III. Contents of This Proposed Rule A. Proposed Additions to the NPL In today’s proposed rule, EPA is proposing to add nine sites to the General Superfund section of the NPL. All of the sites in this proposed rulemaking are being proposed based on HRS scores of 28.50 or above. The sites are presented in the tables below. E:\FR\FM\21OCP1.SGM 21OCP1 64981 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Proposed Rules GENERAL SUPERFUND SECTION State Site name GA ................................. MD ................................ MO ................................ NC ................................. NJ .................................. OH ................................. PR ................................. PR ................................. TX ................................. Armstrong World Industries ............................................................................................................. Dwyer Property Ground Water Plume ............................................................................................. Washington County Lead District—Furnace Creek ......................................................................... Horton Iron and Metal ...................................................................................................................... Mansfield Trail Dump ....................................................................................................................... Milford Contaminated Aquifer .......................................................................................................... Cabo Rojo Ground Water Contamination ........................................................................................ Hormigas Ground Water Plume ...................................................................................................... West County Road 112 Ground Water ........................................................................................... B. Withdrawal of Site From Proposal to the NPL EPA is withdrawing the proposal to add the GBF, Inc. Dump site in Antioch, California, to the NPL, because the California Department of Toxic Substances Control has been, and will continue to be, the lead agency overseeing the site cleanup pursuant to a California consent order. Cleanup is progressing successfully and no further EPA actions are necessary. The proposed rule can be found at 57 FR 4824 (February 7, 1992). Refer to the Docket ID Number EPA–HQ–SFUND– 2010–0647 for supporting documentation regarding this action. IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review jdjones on DSK8KYBLC1PROD with PROPOSALS-1 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. VerDate Mar<15>2010 14:39 Oct 20, 2010 Jkt 223001 City/county Macon. Elkton. Caledonia. Wilmington. Byram Township. Milford. Cabo Rojo. Caguas. Midland. 2. Is this proposed 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. 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. B. Paperwork Reduction Act C. Regulatory Flexibility 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. 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. Does the Paperwork Reduction Act Apply to this proposed 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 PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 2. How has EPA complied with the Regulatory Flexibility Act? This proposed rule listing sites on the NPL, if promulgated, would not impose any obligations on any group, including small entities. This proposed rule, if promulgated, also would establish no standards or requirements that any small entity must meet, and would impose no direct costs on any small entity. Whether an entity, small or E:\FR\FM\21OCP1.SGM 21OCP1 64982 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Proposed Rules otherwise, is liable for response costs for a release of hazardous substances 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 proposed rule, if promulgated, would not impose any requirements on any small entities. For the foregoing reasons, I certify that this proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act jdjones on DSK8KYBLC1PROD with PROPOSALS-1 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 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. VerDate Mar<15>2010 14:39 Oct 20, 2010 Jkt 223001 2. Does UMRA apply to this proposed rule? This proposed 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 the private sector in any one year. Proposing a site on the NPL does not itself impose any costs. Proposal does not mean that EPA necessarily will undertake remedial action. Nor does proposal 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 proposing a site to be placed on the NPL. Thus, this rule is not subject to the requirements of section 202 and 205 of UMRA. This rule is also not subject to the requirements of section 203 of UMRA because it contains no regulatory requirements that might significantly or uniquely affect small governments. As is mentioned above, site proposal does not impose any costs and would not require any action of a small government. E. Executive Order 13132: Federalism 1. What is Executive Order 13132? 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.’’ 2. Does Executive Order 13132 apply to this proposed rule? This proposed 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, because it does not contain any requirements applicable to States or other levels of government. Thus, the requirements of the Executive Order do not apply to this proposed rule. EPA believes, however, that this proposed rule may be of significant interest to State governments. In the PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 spirit of Executive Order 13132, and consistent with EPA policy to promote communications between EPA and State and local governments, EPA therefore consulted with State officials and/or representatives of State governments early in the process of developing the rule to permit them to have meaningful and timely input into its development. All sites included in this proposed rule were referred to EPA by States for listing. For all sites in this rule, EPA received letters of support either from the Governor or a State official who was delegated the authority by the Governor to speak on their behalf regarding NPL listing decisions. 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 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 proposed rule? This action does not have tribal implications, as specified in Executive Order 13175. Proposing a site to the NPL does not impose any costs on a tribe or require a tribe to take remedial action. Thus, Executive Order 13175 does not apply to this proposed 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 E:\FR\FM\21OCP1.SGM 21OCP1 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Proposed Rules 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 proposed rule? This proposed 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 proposed rule present a disproportionate risk to children. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Usage 1. What is Executive Order 13211? Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use,’’ (66 FR 28355 (May 22, 2001)) requires Federal agencies to prepare a ‘‘Statement of Energy Effects’’ when undertaking certain regulatory actions. A Statement of Energy Effects describes the adverse effects of a ‘‘significant energy action’’ on energy supply, distribution and use, reasonable alternatives to the action, and the expected effects of the alternatives on energy supply, distribution and use. 2. Does Executive Order 13211 apply to this proposed rule? jdjones on DSK8KYBLC1PROD with PROPOSALS-1 This action is not a ‘‘significant energy action’’ as defined in Executive Order 13211, because it is not likely to have a significant adverse effect on the supply, distribution, or use of energy. Further, we have concluded that this rule is not likely to have any adverse energy impacts because proposing a site VerDate Mar<15>2010 14:39 Oct 20, 2010 Jkt 223001 to the NPL does not require an entity to conduct any action that would require energy use, let alone that which would significantly affect energy supply, distribution, or usage. Thus, Executive Order 13175 does not apply to this action. 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 proposed rule? No. This proposed rulemaking does not involve technical standards. Therefore, EPA did not consider the use of any voluntary consensus standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations 1. What Is Executive Order 12898? Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes Federal PO 00000 Frm 00024 Fmt 4702 Sfmt 9990 64983 executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. 2. Does Executive Order 12898 apply to this rule? EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. As this rule does not impose any enforceable duty upon State, tribal or local governments, this rule will neither increase nor decrease environmental protection. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Authority: 33 U.S.C. 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. Dated: October 14, 2010. Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response. [FR Doc. 2010–26461 Filed 10–20–10; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\21OCP1.SGM 21OCP1

Agencies

[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Proposed Rules]
[Pages 64976-64983]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26461]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2010-0634, EPA-HQ-SFUND-2010-0636, EPA-HQ-SFUND-2010-
0638, EPA-HQ-SFUND-2010-0639, EPA-HQ-SFUND-2010-0640, EPA-HQ-SFUND-
2010-0641, EPA-HQ-SFUND-2010-0643, EPA-HQ-SFUND-2010-0645, EPA-HQ-
SFUND-2010-0646, EPA-HQ-SFUND-2010-0647; FRL-9216-1]
RIN 2050-AD75


National Priorities List, Proposed Rule No. 53

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Comprehensive Environmental Response, Compensation, and 
Liability Act (``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 proposes to add nine sites to the General 
Superfund section of the NPL. This rule also withdraws one site from 
proposal to the General Superfund section of the NPL.

DATES: Comments regarding any of these proposed listings must be 
submitted (postmarked) on or before December 20, 2010.

ADDRESSES: Identify the appropriate Docket Number from the table below.

                                     Docket Identification Numbers by Site:
----------------------------------------------------------------------------------------------------------------
             Site name                  City/County, State                       Docket ID No.
----------------------------------------------------------------------------------------------------------------
GBF, Inc., Dump....................  Antioch, CA............  EPA-HQ-SFUND-2010-0647
Armstrong World Industries.........  Macon, GA..............  EPA-HQ-SFUND-2010-0640
Dwyer Property Ground Water Plume..  Elkton, MD.............  EPA-HQ-SFUND-2010-0639

[[Page 64977]]

 
Washington County Lead District--    Caledonia, MO..........  EPA-HQ-SFUND-2010-0646
 Furnace Creek.
Horton Iron and Metal..............  Wilmington, NC.........  EPA-HQ-SFUND-2010-0641
Mansfield Trail Dump...............  Byram Township, NJ.....  EPA-HQ-SFUND-2010-0634
Milford Contaminated Aquifer.......  Milford, OH............  EPA-HQ-SFUND-2010-0643
Cabo Rojo Ground Water               Cabo Rojo, PR..........  EPA-HQ-SFUND-2010-0638
 Contamination.
Hormigas Ground Water Plume........  Caguas, PR.............  EPA-HQ-SFUND-2010-0636
West County Road 112 Ground Water..  Midland, TX............  EPA-HQ-SFUND-2010-0645
----------------------------------------------------------------------------------------------------------------

    Submit your comments, identified by the appropriate Docket number, 
by one of the following methods:
     https://www.regulations.gov: Follow the online instructions 
for submitting comments.
     E-mail: superfund.docket@epa.gov.
     Mail: Mail comments (no facsimiles or tapes) to Docket 
Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA 
Docket Office; (Mail Code 5305T); 1200 Pennsylvania Avenue, NW.; 
Washington, DC 20460.
     Hand Delivery or Express Mail: Send comments (no 
facsimiles or tapes) to Docket Coordinator, Headquarters; U.S. 
Environmental Protection Agency; CERCLA Docket Office; 1301 
Constitution Avenue, NW.; EPA West, Room 3334, Washington, DC 20004. 
Such deliveries are only accepted during the Docket's normal hours of 
operation (8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
Federal holidays).
    Instructions: Direct your comments to the appropriate Docket number 
(see table above). EPA's policy is that all comments received will be 
included in the public Docket without change and may be made available 
online at https://www.regulations.gov, including any personal 
information provided, unless the comment includes information claimed 
to be Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Do not submit information 
that you consider to be CBI or otherwise protected through https://www.regulations.gov or e-mail. The https://www.regulations.gov Web site 
is an ``anonymous access'' system; that means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through https://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public Docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses. For additional Docket addresses and further 
details on their contents, see section II, ``Public Review/Public 
Comment,'' of the Supplementary Information portion of this preamble.

FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone: (703) 603-8852, e-
mail: jeng.terry@epa.gov, Site Assessment and Remedy Decisions Branch, 
Assessment and Remediation Division, Office of Superfund Remediation 
and Technology Innovation (mail code 5204P), 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)?
    J. What is the sitewide ready for anticipated use measure?
II. Public Review/Public Comment
    A. May I review the documents relevant to this proposed rule?
    B. How do I access the documents?
    C. What documents are available for public review at the 
headquarters docket?
    D. What documents are available for public review at the 
regional dockets?
    E. How do I submit my comments?
    F. What happens to my comments?
    G. What should I consider when preparing my comments?
    H. May I submit comments after the public comment period is 
over?
    I. May I view public comments submitted by others?
    J. May I submit comments regarding sites not currently proposed 
to the NPL?
III. Contents of This Proposed Rule
    A. Proposed Additions to the NPL
    B. Withdrawal of Site From Proposal to the NPL
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    1. What is Executive Order 12866?
    2. Is this proposed 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 proposed 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 proposed rule?
    E. Executive Order 13132: Federalism
    1. What is Executive Order 13132?
    2. Does Executive Order 13132 apply to this proposed 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 proposed 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 proposed rule?
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Usage
    1. What is Executive Order 13211?
    2. Does Executive Order 13211 apply to this proposed rule?
    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 proposed rule?
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations

[[Page 64978]]

    1. What is Executive Order 12898?
    2. Does Executive Order 12898 apply to this proposed 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 under section 105(a)(8)(B) 
of CERCLA, as amended. 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. Also, placing a site on the NPL does not 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.

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 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, pollutants 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. Indeed, the precise nature and extent of 
the site are typically not known at the time of listing.
    Although a CERCLA ``facility'' is broadly defined to include any 
area where a hazardous substance 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

[[Page 64979]]

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. However, the NPL site is not necessarily 
coextensive with the boundaries of the installation or plant, and the 
boundaries of the installation or plant are not necessarily 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. In addition, the site name is merely used to 
help identify the geographic location of the contamination and is not 
meant to constitute any determination of liability at a site. 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 Remedial Investigation (``RI'') 
``is a process undertaken * * * to determine the nature and extent of 
the problem presented by the release'' as more information is developed 
on site contamination, and which is generally performed in an 
interactive fashion with the Feasibility Study (``FS'') (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, the HRS 
inquiry focuses on an evaluation of the threat posed and therefore 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 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, it can submit supporting information to the Agency at any 
time after it 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 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 made 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/cleanup/ccl.htm.

J. What is the sitewide ready for anticipated use measure?

    The Sitewide Ready for Anticipated Use measure (formerly called 
Sitewide Ready-for-Reuse) represents important Superfund 
accomplishments and the measure reflects the high priority EPA places 
on considering anticipated future land use as part of our remedy 
selection process. See Guidance for Implementing the Sitewide Ready-
for-Reuse Measure, May 24, 2006, OSWER 9365.0-36. This measure applies 
to final and deleted sites where construction is complete, all cleanup 
goals have been achieved, and all institutional or other controls are 
in place. EPA has been successful on many occasions in carrying out 
remedial actions that ensure protectiveness of human health and the 
environment, including current and future land users, in a manner that 
allows contaminated properties to be restored to environmental and 
economic vitality. For further information, please go to https://www.epa.gov/superfund/programs/recycle/tools/.

II. Public Review/Public Comment

A. May I review the documents relevant to this proposed rule?

    Yes, documents that form the basis for EPA's evaluation and scoring 
of the sites in this proposed rule are contained in public Dockets 
located both at EPA Headquarters in Washington, DC, and in the Regional 
offices. These documents are also available by electronic access at 
https://www.regulations.gov (see instructions in the ADDRESSES section 
above).

B. How do I access the documents?

    You may view the documents, by appointment only, in the 
Headquarters or the Regional Dockets after the publication of this 
proposed 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.
    The following is the contact information for the EPA Headquarters 
Docket: Docket Coordinator, Headquarters; U.S. Environmental

[[Page 64980]]

Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue, NW.; 
EPA West, Room 3334, Washington, DC 20004; 202/566-0276. (Please note 
this is a visiting address only. Mail comments to EPA Headquarters as 
detailed at the beginning of this preamble.)
    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.
    Ildefonso Acosta, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 
Broadway, New York, NY 10007-1866; 212/637-4344.
    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., Mail code 9T25, Atlanta, GA 30303; 404/
562-8862.
    Janet Pfundheller, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA, 
Records Center, Superfund Division SMR-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, Suite 1200, Mailcode 6SFTS, Dallas, TX 75202-2733; 214/665-
7436.
    Michelle Quick, Region 7 (IA, KS, MO, NE), U.S. EPA, 901 North 5th 
Street, Mailcode SUPRERNB, Kansas City, KS 66101; 913/551-7335.
    Sabrina Forrest, Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 
Wynkoop Street, Mailcode 8EPR-B, Denver, CO 80202-1129; 303/312-6484.
    Karen Jurist, Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S. EPA, 75 
Hawthorne Street, Mailcode SFD-9-1, San Francisco, CA 94105; 415/972-
3219.
    Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th Avenue, 
Mailcode ECL-112, Seattle, WA 98101; 206/463-1349.
    You may also request copies from EPA Headquarters or the Regional 
Dockets. An informal request, rather than a formal written request 
under the Freedom of Information Act, should be the ordinary procedure 
for obtaining copies of any of these documents. Please note that due to 
the difficulty of reproducing oversized maps, oversized maps may be 
viewed only in-person; since EPA dockets are not equipped to either 
copy and mail out such maps or scan them and send them out 
electronically.
    You may use the Docket at https://www.regulations.gov to access 
documents in the Headquarters Docket (see instructions included in the 
ADDRESSES section above). Please note that there are differences 
between the Headquarters Docket and the Regional Dockets and those 
differences are outlined below.

C. What documents are available for public review at the headquarters 
docket?

    The Headquarters Docket for this proposed rule contains the 
following for the sites proposed in this rule: HRS score sheets; 
Documentation Records describing the information used to compute the 
score; information for any sites affected by particular statutory 
requirements or EPA listing policies; and a list of documents 
referenced in the Documentation Record.

D. What documents are available for public review at the regional 
dockets?

    The Regional Dockets for this proposed rule contain all of the 
information in the Headquarters Docket plus the actual reference 
documents containing the data principally relied upon and cited by EPA 
in calculating or evaluating the HRS score for the sites. These 
reference documents are available only in the Regional Dockets.

E. How do I submit my comments?

    Comments must be submitted to EPA Headquarters as detailed at the 
beginning of this preamble in the ADDRESSES section. Please note that 
the mailing addresses differ according to method of delivery. There are 
two different addresses that depend on whether comments are sent by 
express mail or by postal mail.

F. What happens to my comments?

    EPA considers all comments received during the comment period. 
Significant comments are typically addressed in a support document that 
EPA will publish concurrently with the Federal Register document if, 
and when, the site is listed on the NPL.

G. What should I consider when preparing my comments?

    Comments that include complex or voluminous reports, or materials 
prepared for purposes other than HRS scoring, should point out the 
specific information that EPA should consider and how it affects 
individual HRS factor values or other listing criteria (Northside 
Sanitary Landfill v. Thomas, 849 F.2d 1516 (DC Cir. 1988)). EPA will 
not address voluminous comments that are not referenced to the HRS or 
other listing criteria. EPA will not address comments unless they 
indicate which component of the HRS documentation record or what 
particular point in EPA's stated eligibility criteria is at issue.

H. May I submit comments after the public comment period is over?

    Generally, EPA will not respond to late comments. EPA can only 
guarantee that it will consider those comments postmarked by the close 
of the formal comment period. EPA has a policy of generally not 
delaying a final listing decision solely to accommodate consideration 
of late comments.

I. May I view public comments submitted by others?

    During the comment period, comments are placed in the Headquarters 
Docket and are available to the public on an ``as received'' basis. A 
complete set of comments will be available for viewing in the Regional 
Dockets approximately one week after the formal comment period closes.
    All public comments, whether submitted electronically or in paper, 
will be made available for public viewing in the electronic public 
Docket at https://www.regulations.gov as EPA receives them and without 
change, unless the comment contains copyrighted material, Confidential 
Business Information (CBI), or other information whose disclosure is 
restricted by statute. Once in the public Dockets system, select 
``search,'' then key in the appropriate Docket ID number.

J. May I submit comments regarding sites not currently proposed to the 
NPL?

    In certain instances, interested parties have written to EPA 
concerning sites that were not at that time proposed to the NPL. If 
those sites are later proposed to the NPL, parties should review their 
earlier concerns and, if still appropriate, resubmit those concerns for 
consideration during the formal comment period. Site-specific 
correspondence received prior to the period of formal proposal and 
comment will not generally be included in the Docket.

III. Contents of This Proposed Rule

A. Proposed Additions to the NPL

    In today's proposed rule, EPA is proposing to add nine sites to the 
General Superfund section of the NPL. All of the sites in this proposed 
rulemaking are being proposed based on HRS scores of 28.50 or above. 
The sites are presented in the tables below.

[[Page 64981]]



                                            General Superfund Section
----------------------------------------------------------------------------------------------------------------
                  State                               Site name                          City/county
----------------------------------------------------------------------------------------------------------------
GA......................................  Armstrong World Industries......  Macon.
MD......................................  Dwyer Property Ground Water       Elkton.
                                           Plume.
MO......................................  Washington County Lead District-- Caledonia.
                                           Furnace Creek.
NC......................................  Horton Iron and Metal...........  Wilmington.
NJ......................................  Mansfield Trail Dump............  Byram Township.
OH......................................  Milford Contaminated Aquifer....  Milford.
PR......................................  Cabo Rojo Ground Water            Cabo Rojo.
                                           Contamination.
PR......................................  Hormigas Ground Water Plume.....  Caguas.
TX......................................  West County Road 112 Ground       Midland.
                                           Water.
----------------------------------------------------------------------------------------------------------------

B. Withdrawal of Site From Proposal to the NPL

    EPA is withdrawing the proposal to add the GBF, Inc. Dump site in 
Antioch, California, to the NPL, because the California Department of 
Toxic Substances Control has been, and will continue to be, the lead 
agency overseeing the site cleanup pursuant to a California consent 
order. Cleanup is progressing successfully and no further EPA actions 
are necessary. The proposed rule can be found at 57 FR 4824 (February 
7, 1992). Refer to the Docket ID Number EPA-HQ-SFUND-2010-0647 for 
supporting documentation regarding this action.

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 proposed 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 proposed 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.

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 proposed rule listing sites on the NPL, if promulgated, would 
not impose any obligations on any group, including small entities. This 
proposed rule, if promulgated, also would establish no standards or 
requirements that any small entity must meet, and would impose no 
direct costs on any small entity. Whether an entity, small or

[[Page 64982]]

otherwise, is liable for response costs for a release of hazardous 
substances 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 proposed rule, if 
promulgated, would not impose any requirements on any small entities. 
For the foregoing reasons, I certify that this proposed rule, if 
promulgated, 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 proposed rule?
    This proposed 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 the private sector in any one 
year. Proposing a site on the NPL does not itself impose any costs. 
Proposal does not mean that EPA necessarily will undertake remedial 
action. Nor does proposal 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 proposing a site to be placed on the 
NPL. Thus, this rule is not subject to the requirements of section 202 
and 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. As is mentioned 
above, site proposal does not impose any costs and would not require 
any action of a small government.

E. Executive Order 13132: Federalism

1. What is Executive Order 13132?
    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.''
2. Does Executive Order 13132 apply to this proposed rule?
    This proposed 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, because it does not contain any 
requirements applicable to States or other levels of government. Thus, 
the requirements of the Executive Order do not apply to this proposed 
rule.
    EPA believes, however, that this proposed rule may be of 
significant interest to State governments. In the spirit of Executive 
Order 13132, and consistent with EPA policy to promote communications 
between EPA and State and local governments, EPA therefore consulted 
with State officials and/or representatives of State governments early 
in the process of developing the rule to permit them to have meaningful 
and timely input into its development. All sites included in this 
proposed rule were referred to EPA by States for listing. For all sites 
in this rule, EPA received letters of support either from the Governor 
or a State official who was delegated the authority by the Governor to 
speak on their behalf regarding NPL listing decisions.

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 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 proposed rule?
    This action does not have tribal implications, as specified in 
Executive Order 13175. Proposing a site to the NPL does not impose any 
costs on a tribe or require a tribe to take remedial action. Thus, 
Executive Order 13175 does not apply to this proposed 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

[[Page 64983]]

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 proposed rule?
    This proposed 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 proposed rule 
present a disproportionate risk to children.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Usage

1. What is Executive Order 13211?
    Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use,'' (66 FR 
28355 (May 22, 2001)) requires Federal agencies to prepare a 
``Statement of Energy Effects'' when undertaking certain regulatory 
actions. A Statement of Energy Effects describes the adverse effects of 
a ``significant energy action'' on energy supply, distribution and use, 
reasonable alternatives to the action, and the expected effects of the 
alternatives on energy supply, distribution and use.
2. Does Executive Order 13211 apply to this proposed rule?
    This action is not a ``significant energy action'' as defined in 
Executive Order 13211, because it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy. Further, 
we have concluded that this rule is not likely to have any adverse 
energy impacts because proposing a site to the NPL does not require an 
entity to conduct any action that would require energy use, let alone 
that which would significantly affect energy supply, distribution, or 
usage. Thus, Executive Order 13175 does not apply to this action.

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 proposed rule?
    No. This proposed rulemaking does not involve technical standards. 
Therefore, EPA did not consider the use of any voluntary consensus 
standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

1. What Is Executive Order 12898?
    Executive Order (EO) 12898 (59 FR 7629 (Feb. 16, 1994)) establishes 
Federal executive policy on environmental justice. Its main provision 
directs Federal agencies, to the greatest extent practicable and 
permitted by law, to make environmental justice part of their mission 
by identifying and addressing, as appropriate, disproportionately high 
and adverse human health or environmental effects of their programs, 
policies, and activities on minority populations and low-income 
populations in the United States.
2. Does Executive Order 12898 apply to this rule?
    EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. As this rule does not impose any enforceable duty upon 
State, tribal or local governments, this rule will neither increase nor 
decrease environmental protection.

List of Subjects in 40 CFR Part 300

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

    Authority:  33 U.S.C. 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.

    Dated: October 14, 2010.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2010-26461 Filed 10-20-10; 8:45 am]
BILLING CODE 6560-50-P
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