National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Notice of Intent for Deletion of the State Marine of Port Arthur Superfund Site, 76118-76119 [2011-31258]

Download as PDF 76118 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules F. Executive Order 13175, Coordination With Indian Tribal Governments perform activities conducive to the use of VCS. Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 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.’’ This proposed rule does not have tribal implications, as specified in Executive Order 13175. It will not have substantial direct effects on tribal governments, on the relationship between the Federal government and Indian tribes, or on the distribution of power and responsibilities between the Federal government and Indian tribes. Thus, Executive Order 13175 does not apply to this rule. EPA specifically solicits additional comment on this proposed rule from tribal officials. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Population G. Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under section 5–501 of the Executive Order has the potential to influence the regulation. This rule is not subject to Executive Order 13045, because it proposes to approve a State rule implementing a Federal standard. H. Executive Order 13211, Actions That Significantly Affect Energy Supply, Distribution, or Use This rule is not subject to Executive Order 13211, ‘‘Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use’’ (66 FR 28355, May 22, 2001) because it is not a significant regulatory action under Executive Order 12866. tkelley on DSK3SPTVN1PROD with PROPOSALS-1 I. National Technology Transfer and Advancement Act 15:26 Dec 05, 2011 Jkt 226001 List of Subjects in 40 CFR Part 52 Environmental protection, Air pollution control, Intergovernmental relations, Nitrogen dioxide, Ozone, Reporting and recordkeeping requirements. Authority: 42 U.S.C. 7401 et seq. Dated: November 18, 2011. Jared Blumenfeld, Regional Administrator, Region IX. [FR Doc. 2011–31252 Filed 12–5–11; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–1998–0007; FRL–9499–5] National Oil and Hazardous Substances Pollution Contingency Plan; National Priorities List: Notice of Intent for Deletion of the State Marine of Port Arthur Superfund Site Environmental Protection Agency. ACTION: Proposed rule. AGENCY: Section 12 of the National Technology Transfer and Advancement Act (NTTAA) of 1995 requires Federal agencies to evaluate existing technical standards when developing a new regulation. To comply with NTTAA, EPA must consider and use ‘‘voluntary consensus standards’’ (VCS) if available and applicable when developing programs and policies unless doing so would be inconsistent with applicable law or otherwise impractical. The EPA believes that VCS are inapplicable to this action. Today’s action does not require the public to VerDate Mar<15>2010 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. EPA lacks the discretionary authority to address environmental justice in this rulemaking. The Environmental Protection Agency (EPA) Region 6 is issuing a Notice of Intent to Delete the State Marine of Port Arthur (SMPA) Superfund Site located in Port Arthur, Texas, from the National Priorities List (NPL) and requests public comments on this proposed action. The NPL, promulgated pursuant to section 105 of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, is an appendix of the National Oil and SUMMARY: PO 00000 Frm 00053 Fmt 4702 Sfmt 4702 Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the State of Texas, through the Texas Commission on Environmental Quality, have determined that all appropriate response actions at these identified parcels under CERCLA, other than operations, maintenance, and Five-Year Reviews, have been completed. However, this deletion does not preclude future actions under Superfund. Comments must be received by January 5, 2012. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–HQ– SFUND–1998–0007, by one of the following methods: • https://www.regulations.gov: Follow internet on-line instructions for submitting comments. • Email: Rafael Casanova, casanova.rafael@epa.gov. • Fax: (214) 665–6660. • Mail: Rafael A. Casanova; U.S. Environmental Protection Agency, Region 6; Superfund Division (6SF–RA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202–2733. • Hand delivery: U.S. Environmental Protection Agency, Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202– 2733; Contact: Rafael A. Casanova (214) 665–7437. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–HQ–SFUND–1998– 0007. EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through https:// www.regulations.gov or email. The https://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through https:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your DATES: E:\FR\FM\06DEP1.SGM 06DEP1 Federal Register / Vol. 76, No. 234 / Tuesday, December 6, 2011 / Proposed Rules tkelley on DSK3SPTVN1PROD with PROPOSALS-1 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. Docket: All documents in the docket are listed in the https:// www.regulations.gov index. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in https:// www.regulations.gov or in hard copy at: 1. U.S. Environmental Protection Agency, Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202–2733; Hours of operation: Monday thru Friday, 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m. Contact: Rafael A. Casanova (214) 665–7437. 2. Port Arthur Public Library; 4615 9th Avenue; Port Arthur, Texas 77642– VerDate Mar<15>2010 15:26 Dec 05, 2011 Jkt 226001 5799; Hours of operation: Monday thru Thursday, 9 a.m. to 9 p.m.; Friday, 9 a.m. to 6 p.m.; Saturday, 9 a.m. to 5 p.m.; and Sunday, 2 p.m. to 5 p.m. FOR FURTHER INFORMATION CONTACT: Rafael A. Casanova, Remedial Project Manager; U.S. Environmental Protection Agency, Region 6; Superfund Division (6SF–RA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202–2733; telephone number: (214) 665–7437; email: casanova.rafael@epa.gov. SUPPLEMENTARY INFORMATION: In the ‘‘Rules and Regulations’’ Section of today’s Federal Register, we are publishing a direct final Notice of Deletion for SMPA Superfund Site without prior Notice of Intent for Deletion because EPA views this as a noncontroversial revision and anticipates no adverse comments. We have explained our reason for this deletion in the preamble to the direct final Notice of Deletion, and those reasons are incorporated herein. If we receive no adverse comment(s) on this deletion action, we will not take further action on this Notice of Intent for Deletion. If we receive adverse comment(s), we will withdraw the direct final Notice of Deletion and it will not take effect. We will, as PO 00000 Frm 00054 Fmt 4702 Sfmt 9990 76119 appropriate, address all public comments in a subsequent final Notice of Deletion based on this Notice of Intent for Deletion. We will not institute a second comment period on this Notice of Intent for Deletion. Any parties interested in commenting must do so at this time. For additional information, see the direct final Notice of Deletion which is located in the Rules section of this Federal Register. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous waste, Hazardous substances, Intergovernmental relations, 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: November 14, 2011. Al Armendariz, Regional Administrator, Region 6. [FR Doc. 2011–31258 Filed 12–5–11; 8:45 am] BILLING CODE 6560–50–P E:\FR\FM\06DEP1.SGM 06DEP1

Agencies

[Federal Register Volume 76, Number 234 (Tuesday, December 6, 2011)]
[Proposed Rules]
[Pages 76118-76119]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-31258]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-1998-0007; FRL-9499-5]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Notice of Intent for Deletion of the State 
Marine of Port Arthur Superfund Site

AGENCY: Environmental Protection Agency.

ACTION: Proposed rule.

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

SUMMARY: The Environmental Protection Agency (EPA) Region 6 is issuing 
a Notice of Intent to Delete the State Marine of Port Arthur (SMPA) 
Superfund Site located in Port Arthur, Texas, from the National 
Priorities List (NPL) and requests public comments on this proposed 
action. The NPL, promulgated pursuant to section 105 of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
(CERCLA) of 1980, as amended, is an appendix of the National Oil and 
Hazardous Substances Pollution Contingency Plan (NCP). The EPA and the 
State of Texas, through the Texas Commission on Environmental Quality, 
have determined that all appropriate response actions at these 
identified parcels under CERCLA, other than operations, maintenance, 
and Five-Year Reviews, have been completed. However, this deletion does 
not preclude future actions under Superfund.

DATES: Comments must be received by January 5, 2012.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-HQ-
SFUND-1998-0007, by one of the following methods:
     https://www.regulations.gov: Follow internet on-line 
instructions for submitting comments.
     Email: Rafael Casanova, casanova.rafael@epa.gov.
     Fax: (214) 665-6660.
     Mail: Rafael A. Casanova; U.S. Environmental Protection 
Agency, Region 6; Superfund Division (6SF-RA); 1445 Ross Avenue, Suite 
1200; Dallas, Texas 75202-2733.
     Hand delivery: U.S. Environmental Protection Agency, 
Region 6; 1445 Ross Avenue, Suite 700; Dallas, Texas 75202-2733; 
Contact: Rafael A. Casanova (214) 665-7437. Such deliveries are only 
accepted during the Docket's normal hours of operation, and special 
arrangements should be made for deliveries of boxed information.
    Instructions: Direct your comments to Docket ID No. EPA-HQ-SFUND-
1998-0007. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
https://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov or email. The https://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an email comment directly to EPA without 
going through https://www.regulations.gov, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your

[[Page 76119]]

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.
    Docket: All documents in the docket are listed in the https://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in https://www.regulations.gov or in hard copy at:
    1. U.S. Environmental Protection Agency, Region 6; 1445 Ross 
Avenue, Suite 700; Dallas, Texas 75202-2733; Hours of operation: Monday 
thru Friday, 9 a.m. to 12 p.m. and 1 p.m. to 4 p.m. Contact: Rafael A. 
Casanova (214) 665-7437.
    2. Port Arthur Public Library; 4615 9th Avenue; Port Arthur, Texas 
77642-5799; Hours of operation: Monday thru Thursday, 9 a.m. to 9 p.m.; 
Friday, 9 a.m. to 6 p.m.; Saturday, 9 a.m. to 5 p.m.; and Sunday, 2 
p.m. to 5 p.m.

FOR FURTHER INFORMATION CONTACT: Rafael A. Casanova, Remedial Project 
Manager; U.S. Environmental Protection Agency, Region 6; Superfund 
Division (6SF-RA); 1445 Ross Avenue, Suite 1200; Dallas, Texas 75202-
2733; telephone number: (214) 665-7437; email: casanova.rafael@epa.gov.

SUPPLEMENTARY INFORMATION: In the ``Rules and Regulations'' Section of 
today's Federal Register, we are publishing a direct final Notice of 
Deletion for SMPA Superfund Site without prior Notice of Intent for 
Deletion because EPA views this as a noncontroversial revision and 
anticipates no adverse comments. We have explained our reason for this 
deletion in the preamble to the direct final Notice of Deletion, and 
those reasons are incorporated herein. If we receive no adverse 
comment(s) on this deletion action, we will not take further action on 
this Notice of Intent for Deletion. If we receive adverse comment(s), 
we will withdraw the direct final Notice of Deletion and it will not 
take effect. We will, as appropriate, address all public comments in a 
subsequent final Notice of Deletion based on this Notice of Intent for 
Deletion. We will not institute a second comment period on this Notice 
of Intent for Deletion. Any parties interested in commenting must do so 
at this time.
    For additional information, see the direct final Notice of Deletion 
which is located in the Rules section of this Federal Register.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
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: November 14, 2011.
Al Armendariz,
Regional Administrator, Region 6.
[FR Doc. 2011-31258 Filed 12-5-11; 8:45 am]
BILLING CODE 6560-50-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.