National Priorities List, Final Rule No. 58, 26853-26860 [2014-10831]

Download as PDF Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations document in the Federal Register, the Coast Guard will provide mariners with advanced notification of enforcement periods via the Local Notice to Mariners and marine information broadcasts. If the COTP determines that a safety zone need not be enforced for the full duration stated in this document, a Broadcast Notice to Mariners may be used to grant general permission to enter the safety zone. Dated: April 17, 2014. G. Loebl, Captain, U.S. Coast Guard, Captain of the Port New York. [FR Doc. 2014–10759 Filed 5–9–14; 8:45 am] BILLING CODE 9110–04–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–2013–0630, 0632, 0633, 0634, 0637, 0638, and 0639; FRL–9910–72– OSWER] National Priorities List, Final Rule No. 58 Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (‘‘CERCLA’’ or ‘‘the Act’’), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (‘‘NCP’’) include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (‘‘NPL’’) constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (‘‘the EPA’’ or ‘‘the agency’’) in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds seven sites to the General Superfund section of the NPL. DATES: Effective Dates: The effective date for this amendment to the NCP is June 11, 2014. ADDRESSES: Contact information for the EPA Headquarters: • Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; emcdonald on DSK67QTVN1PROD with RULES SUMMARY: VerDate Mar<15>2010 16:04 May 09, 2014 Jkt 232001 CERCLA Docket Office; 1301 Constitution Avenue NW.; William Jefferson Clinton Building West, Room 3334, Washington, DC 20004, 202/566– 0276. The contact information for the Regional Dockets is as follows: • Holly Inglis, Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA, Superfund Records and Information Center, 5 Post Office Square, Suite 100, Boston, MA 02109–3912; 617/918–1413. • Ildefonso Acosta, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New York, NY 10007–1866; 212/637–4344. • Lorie Baker (ASRC), Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, Library, 1650 Arch Street, Mailcode 3HS12, Philadelphia, PA 19103; 215/ 814–3355. • Jennifer Wendel, Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61 Forsyth Street, SW., Mailcode 9T25, Atlanta, GA 30303; 404/562–8799. • Todd Quesada, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA Superfund Division Librarian/SFD Records Manager SRC–7J, Metcalfe Federal Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/886–4465. • 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, 11201 Renner Blvd., Mailcode SUPRERNB, Lenexa, KS 66219; 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. • Sharon Murray, Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S. EPA, 75 Hawthorne Street, Mailcode SFD 6–1, San Francisco, CA 94105; 415/947– 4250. • Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th Avenue, Mailcode ECL–112, Seattle, WA 98101; 206/463–1349. FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone: (703) 603–8852, email: jeng.terry@epa.gov, Site Assessment and Remedy Decisions Branch, Assessment and Remediation Division, Office of Superfund Remediation and Technology Innovation (Mailcode 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 26853 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 the 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? K. What is state/tribal correspondence concerning NPL listing? II. Availability of Information to the Public A. May I review the documents relevant to this final rule? B. What documents are available for review at the Headquarters Docket? C. What documents are available for review at the Regional Dockets? D. How do I access the documents? E. How may I obtain a current list of NPL Sites? III. Contents of This Final Rule A. Additions to the NPL B. What did the EPA do with the public comments it received? IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review 1. What is Executive Order 12866? 2. Is this final rule subject to Executive Order 12866 review? B. Paperwork Reduction Act 1. What is the Paperwork Reduction Act? 2. Does the Paperwork Reduction Act apply to this final rule? C. Regulatory Flexibility Act 1. What is the Regulatory Flexibility Act? 2. How has the EPA complied with the Regulatory Flexibility Act? D. Unfunded Mandates Reform Act 1. What is the Unfunded Mandates Reform Act (UMRA)? 2. Does UMRA apply to this final rule? E. Executive Order 13132: Federalism 1. What is Executive Order 13132? 2. Does Executive Order 13132 apply to this final rule? F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments 1. What is Executive Order 13175? 2. Does Executive Order 13175 apply to this final rule? G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks 1. What is Executive Order 13045? 2. Does Executive Order 13045 apply to this final rule? H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Usage 1. What is Executive Order 13211? 2. Does Executive Order 13211 apply to this final rule? I. National Technology Transfer and Advancement Act 1. What is the National Technology Transfer and Advancement Act? E:\FR\FM\12MYR1.SGM 12MYR1 26854 Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations 2. Does the National Technology Transfer and Advancement Act apply to this final rule? J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations 1. What is Executive Order 12898? 2. Does Executive Order 12898 apply to this final rule? K. Congressional Review Act 1. Has the EPA submitted this rule to Congress and the Government Accountability Office? 2. Could the effective date of this final rule change? 3. What could cause a change in the effective date of this rule? I. Background emcdonald on DSK67QTVN1PROD with RULES 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, the 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. The 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, VerDate Mar<15>2010 16:04 May 09, 2014 Jkt 232001 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 the 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 of only 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 the 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 the 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 the 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), the EPA promulgated revisions to the HRS partly in response PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 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. • The EPA determines that the release poses a significant threat to public health. • The 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. The 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 a 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.’’ The 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 E:\FR\FM\12MYR1.SGM 12MYR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations 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 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 VerDate Mar<15>2010 16:04 May 09, 2014 Jkt 232001 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? The 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 the 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 the EPA delete portions of sites from the NPL as they are cleaned up? In November 1995, the 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. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 26855 I. What is the Construction Completion List (CCL)? The 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) the 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 the EPA’s Internet site at http:// www.epa.gov/superfund/cleanup/ ccl.htm. J. What is the Sitewide Ready for Anticipated Use measure? The Sitewide Ready for Anticipated Use measure represents important Superfund accomplishments and the measure reflects the high priority the EPA places on considering anticipated future land use as part of the remedy selection process. See Guidance for Implementing the Sitewide Ready-forReuse 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. The EPA has been successful on many occasions in carrying out remedial actions that ensure protectiveness of human health and the environment for current and future land uses, in a manner that allows contaminated properties to be restored to environmental and economic vitality. For further information, please go to http://www.epa.gov/superfund/ programs/recycle/pdf/sitewide_a.pdf. K. What is state/tribal correspondence concerning NPL listing? In order to maintain close coordination with states and tribes in the NPL listing decision process, the EPA’s policy is to determine the position of the states and tribes regarding sites that the EPA is considering for listing. This consultation process is outlined in two memoranda that can be found at the following Web site: http://www.epa.gov/ superfund/sites/npl/hrsres/policy/ govlet.pdf The EPA is improving the transparency of the process by which state and tribal input is solicited. The E:\FR\FM\12MYR1.SGM 12MYR1 26856 Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations EPA is using the Web and where appropriate more structured state and tribal correspondence that (1) explains the concerns at the site and the EPA’s rationale for proceeding; (2) requests an explanation of how the state intends to address the site if placement on the NPL is not favored; and (3) emphasizes the transparent nature of the process by informing states that information on their responses will be publicly available. A model letter and correspondence from this point forward between the EPA and states and tribes where applicable, is available on the EPA’s Web site at http://www.epa.gov/ superfund/sites/query/queryhtm/ nplstcor.htm. II. Availability of Information to the Public A. May I review the documents relevant to this final rule? Yes, documents relating to the evaluation and scoring of the sites in this final rule are contained in dockets located both at the EPA Headquarters and in the Regional offices. An electronic version of the public docket is available through http:// www.regulations.gov (see table below for Docket Identification numbers). Although not all Docket materials may be available electronically, you may still access any of the publicly available Docket materials through the Docket facilities identified below in section II D. DOCKET IDENTIFICATION NUMBERS BY SITE Site name City/county, state MacMillan Ring Free Oil ..................................................................... Keddy Mill ........................................................................................... PCE Southeast Contamination .......................................................... PCE/TCE Northeast Contamination ................................................... Unimatic Manufacturing Corporation .................................................. Wolff-Alport Chemical Company ........................................................ Walker Machine Products, Inc. .......................................................... Norphlet, AR ................................ Windham, ME .............................. York, NE ...................................... York, NE ...................................... Fairfield, NJ .................................. Ridgewood, NY ............................ Collierville, TN .............................. B. What documents are available for review at the Headquarters Docket? The Headquarters Docket for this rule contains, for each site, the HRS score sheets, the Documentation Record describing the information used to compute the score, pertinent information regarding statutory requirements or the EPA listing policies that affect the site and a list of documents referenced in the Documentation Record. For sites that received comments during the comment period, the Headquarters Docket also contains a Support Document that includes the EPA’s responses to comments. C. What documents are available for review at the Regional Dockets? The Regional Dockets contain all the information in the Headquarters Docket, plus the actual reference documents E. How may I obtain a current list of NPL sites? D. How do I access the documents? III. Contents of This Final Rule You may view the documents, by appointment only, after the publication of this rule. The hours of operation for the Headquarters Docket are from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays. Please contact the Regional Dockets for hours. For addresses for the Headquarters and Regional Dockets, see ADDRESSES section in the beginning portion of this preamble. A. Additions to the NPL emcdonald on DSK67QTVN1PROD with RULES You may obtain a current list of NPL sites via the Internet at http:// www.epa.gov/superfund/sites/npl/ index.htm or by contacting the Superfund Docket (see contact information in the beginning portion of this notice). This final rule adds the following seven sites to the General Superfund Section of the NPL. All of the sites included in this final rulemaking are being added to the NPL based on HRS scores of 28.50 or above. The sites are presented in the table below: General Superfund section: Site name .................................. ................................. .................................. .................................. .................................. .................................. .................................. City/county MacMillan Ring Free Oil ....................................................................................................................... Keddy Mill ............................................................................................................................................. PCE Southeast Contamination ............................................................................................................. PCE/TCE Northeast Contamination ..................................................................................................... Unimatic Manufacturing Corporation .................................................................................................... Wolff-Alport Chemical Company .......................................................................................................... Walker Machine Products, Inc. ............................................................................................................ B. What did the EPA do with the public comments it received? The EPA reviewed all comments received on the sites in this rule and responded to all relevant comments. VerDate Mar<15>2010 EPA–HQ–SFUND–2013–0630. EPA–HQ–SFUND–2013–0632. EPA–HQ–SFUND–2013–0633. EPA–HQ–SFUND–2013–0634. EPA–HQ–SFUND–2013–0637. EPA–HQ–SFUND–2013–0638. EPA–HQ–SFUND–2013–0639. containing the data principally relied upon by the EPA in calculating or evaluating the HRS score for the sites located in their Region. These reference documents are available only in the Regional Dockets. For sites that received comments during the comment period, the Regional Docket also contains a Support Document that includes the EPA’s responses to comments. State AR ME NE NE NJ NY TN Docket ID No. 16:04 May 09, 2014 Jkt 232001 This rule adds seven sites to the NPL, all to the General Superfund Section. None of the seven sites being added to the NPL in this rule, which were proposed December 12, 2013 (78 FR 75534), received comments urging specific changes to the HRS score. Five PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 Norphlet. Windham. York. York. Fairfield. Ridgewood. Collierville. sites being added to the NPL received no comments. They are Keddy Mill (Windham, ME), Walker Machine Products, Inc. (Collierville, TN), MacMillan Ring Free Oil (Norphlet, AR), PCE/TCE Northeast Contamination E:\FR\FM\12MYR1.SGM 12MYR1 emcdonald on DSK67QTVN1PROD with RULES Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations (York, NE), and PCE Southeast Contamination (York, NE). The Unimatic Manufacturing Corporation (Fairfield, NJ) received one anonymous comment, which asked EPA to stop any regulations now. In response, the site meets the NPL eligibility requirements and State of New Jersey agreed with EPA that the site should be placed on the NPL and studied further to see what response, if any, is appropriate to ensure protection of public health and the environment. The Wolff-Alport Chemical Company (Wolff-Alport) site in Ridgewood, NY received three comments. One comment, which was sent prior to proposal, asked that EPA address contamination at a Brownfields industrial site in Ridgewood, Queens through the Superfund program. EPA’s Region 2 office responded to the commenter, saying that EPA had proposed adding the identified site to the NPL; it was the Wolff-Alport site. The EPA Region 2 response is in the public docket for the site. With this rule, EPA is adding the site to the NPL. The second comment urged EPA to focus on stopping pollution reaching people through the air, water and soil, not just cleaning up what is already contaminated. In response, EPA has a number of environmental laws, including Superfund, to address pollution. Superfund will address contamination under its statute at the site and coordinate with other environmental programs as appropriate at this and other NPL sites. EPA received a third comment on the Wolff-Alport site from the City of New York Law Department. New York commented that it doesn’t object to the proposed listing because it may increase the likelihood that resources will be made available, but it has concerns with EPA’s risk assessment and conclusions. The city believed the conclusions overemphasized the risk in several instances and failed to consider the interim measures that had been taken. The city recommended a more comprehensive investigation and assessment based on reasonable assumptions, and that the site be included in the Department of Energy (DOE) Formerly Utilized Site Remedial Action Program (FUSRAP). In response, EPA is adding the site to the NPL as the best way to ensure resources are available for cleanup. EPA has discussed with DOE the possibility of addressing portions of the site under the FUSRAP program. If a determination is made that portions of the site are FUSRAP eligible, then USACE will conduct further site investigation at those portions. NPL listing does not VerDate Mar<15>2010 16:04 May 09, 2014 Jkt 232001 preclude investigation and remedial actions being taken at portions of a site if they are determined to be eligible for FUSRAP. In terms of New York City’s desire for more reasonable assumptions and a more comprehensive investigation, EPA commits to establishing a collaborative working relationship with the state and city and will be soliciting and considering their comments as EPA proceeds with its investigation and remediation efforts. EPA’s evaluation under the Hazard Ranking System is based on limited information. The HRS was created to evaluate the relative threat of sites with known or potential contaminant releases and it is not intended to be a risk assessment tool. EPA’s study and exposure assessment will be based on the best information available and will be consistent with CERCLA and NCP policies followed by Superfund in all its NPL cleanups. IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review 1. What is Executive Order 12866? Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the agency must determine whether a regulatory action is ‘‘significant’’ and therefore subject to Office of Management and Budget (OMB) review and the requirements of the Executive Order. The Order defines ‘‘significant regulatory action’’ as one that is likely to result in a rule that may: (1) Have an annual effect on the economy of $100 million or more or adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, or state, local or tribal governments or communities; (2) create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (3) materially alter the budgetary impact of entitlements, grants, user fees, or loan programs or the rights and obligations of recipients thereof; or (4) raise novel legal or policy issues arising out of legal mandates, the President’s priorities or the principles set forth in the Executive Order. 2. Is this final rule subject to Executive Order 12866 review? No. The listing of sites on the NPL does not impose any obligations on any entities. The listing does not set standards or a regulatory regime and imposes no liability or costs. Any liability under CERCLA exists irrespective of whether a site is listed. PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 26857 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 the EPA’s regulations, after initial display in the preamble of the final rules, are listed in 40 CFR Part 9. 2. Does the Paperwork Reduction Act apply to this final rule? This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. the 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 the 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 E:\FR\FM\12MYR1.SGM 12MYR1 26858 Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations 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 the EPA complied with the Regulatory Flexibility Act? This rule listing sites on the NPL does not impose any obligations on any group, including small entities. This rule also does not establish standards or requirements that any small entity must meet, and imposes no direct costs on any small entity. Whether an entity, small or otherwise, is liable for response costs for a release of 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 rule does not impose any requirements on any small entities. For the foregoing reasons, I certify that this rule will not have a significant economic impact on a substantial number of small entities. emcdonald on DSK67QTVN1PROD with RULES 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, the EPA generally must prepare a written statement, including a costbenefit 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 the EPA promulgates a rule where a written statement is needed, section 205 of the UMRA generally requires the 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 VerDate Mar<15>2010 16:04 May 09, 2014 Jkt 232001 205 do not apply when they are inconsistent with applicable law. Moreover, section 205 allows the 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 the 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 the EPA regulatory proposals with significant federal intergovernmental mandates and informing, educating and advising small governments on compliance with the regulatory requirements. 2. Does UMRA apply to this final rule? This final 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. Listing a site on the NPL does not itself impose any costs. Listing does not mean that the EPA necessarily will undertake remedial action. Nor does listing require any action by a private party or determine liability for response costs. Costs that arise out of site responses result from site-specific decisions regarding what actions to take, not directly from the act of placing a site 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 listing 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 the 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’’ are defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the states, on the relationship PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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 final rule? This final rule does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, 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 final rule. The EPA believes, however, that this final rule may be of significant interest to state governments. In the spirit of Executive Order 13132, and consistent with the EPA policy to promote communications between the EPA and state and local governments, the 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 final rule were referred to the EPA by states for listing. For all sites in this rule, the 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 the 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’’ are 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 final rule? This final rule does not have tribal implications, as specified in Executive E:\FR\FM\12MYR1.SGM 12MYR1 Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations Order 13175 (65 FR 67249, November 9, 2000). Listing a site on 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 final rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks 1. What is Executive Order 13045? Executive Order 13045: ‘‘Protection of Children from Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997) applies to any rule that: (1) is determined to be ‘‘economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that the EPA has reason to believe may have a disproportionate effect on children. If the regulatory action meets both criteria, the agency must evaluate the environmental health or safety effects of the planned rule on children, and explain why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the agency. 2. Does Executive Order 13045 apply to this final rule? This rule is not subject to Executive Order 13045 because it is not an economically significant rule as defined by Executive Order 12866, and because the agency does not have reason to believe the environmental health or safety risks addressed by this section present a disproportionate risk to children. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use emcdonald on DSK67QTVN1PROD with RULES 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 final 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. VerDate Mar<15>2010 16:04 May 09, 2014 Jkt 232001 26859 Further, the agency has concluded that this final rule is not likely to have any adverse energy impacts because adding 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 13211 does not apply to this action. 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. I. National Technology Transfer and Advancement Act K. Congressional Review 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 the 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 the EPA to provide Congress, through OMB, explanations when the agency decides not to use available and applicable voluntary consensus standards. 2. Does the National Technology Transfer and Advancement Act apply to this final rule? No. This rulemaking does not involve technical standards. Therefore, the 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 final rule? The EPA has determined that this final rule will not have PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 1. Has the EPA submitted this rule to Congress and the Government Accountability Office? The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small Business Regulatory Enforcement Fairness Act of 1996, generally provides that before a rule may take effect, the agency promulgating the rule must submit a rule report, which includes a copy of the rule, to each House of the Congress and to the Comptroller General of the United States. The EPA has submitted a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives and the Comptroller General of the United States prior to publication of the rule in the Federal Register. A ‘‘major rule’’ cannot take effect until 60 days after it is published in the Federal Register. This rule is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). 2. Could the effective date of this final rule change? Provisions of the Congressional Review Act (CRA) or section 305 of CERCLA may alter the effective date of this regulation. The EPA has submitted a report under the CRA for this rule. The rule will take effect, as provided by law, within 30 days of publication of this document, since it is not a major rule. NPL listing is not a major rule because, by itself, imposes no monetary costs on any person. It establishes no enforceable duties, does not establish that the EPA necessarily will undertake remedial action, nor does it require any action by any party or determine liability for site response costs. Costs that arise out of site responses result from site-by-site decisions about what actions to take, not directly from the act of listing itself. Section 801(a)(3) provides for a delay in the effective date of major rules after this report is submitted. 3. What could cause a change in the effective date of this rule? Under 5 U.S.C. 801(b)(1), a rule shall not take effect, or continue in effect, if Congress enacts (and the President E:\FR\FM\12MYR1.SGM 12MYR1 26860 Federal Register / Vol. 79, No. 91 / Monday, May 12, 2014 / Rules and Regulations signs) a joint resolution of disapproval, described under section 802. Another statutory provision that may affect this rule is CERCLA section 305, which provides for a legislative veto of regulations promulgated under CERCLA. Although INS v. Chadha, 462 U.S. 919,103 S. Ct. 2764 (1983), and Bd. of Regents of the University of Washington v. EPA, 86 F.3d 1214,1222 (D.C. Cir. 1996), cast the validity of the legislative veto into question, the EPA has transmitted a copy of this regulation to the Secretary of the Senate and the Clerk of the House of Representatives. If action by Congress under either the CRA or CERCLA section 305 calls the effective date of this regulation into question, the EPA will publish a document of clarification in the Federal Register. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Dated: May 1, 2014. Barry Breen, Principal Deputy Assistant Administrator, Office of Solid Waste and Emergency Response. For the reasons set out in this preamble, 40 CFR part 300 is amended as follows: PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 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. Appendix B to Part 300—[Amended] 2. Table 1 of Appendix B to Part 300 by adding entries for ‘‘MacMillan Ring Free Oil’’, ‘‘Keddy Mill’’, ‘‘PCE Southeast Contamination’’, ‘‘PCE/TCE Northeast Contamination’’, ‘‘Unimatic Manufacturing Corporation’’, ‘‘WolffAlport Chemical Company’’, and ‘‘Walker Machine Products, Inc.’’ in alphabetical order by state. The additions read as follows: ■ Appendix B to Part 300—National Priorities List 1. The authority citation for Part 300 continues to read as follows: ■ TABLE 1—GENERAL SUPERFUND SECTION State Site name City/County Notes a * AR ....................... * * * * MacMillan Ring Free Oil .......................................................................... Norphlet. * * * ME ...................... * * * * Keddy Mill ................................................................................................ Windham. * * * NE ....................... NE ....................... * * * * PCE Southeast Contamination ............................................................... York. PCE/TCE Northeast Contamination ........................................................ York. * * * NJ ....................... * * * * Unimatic Manufacturing Corporation ....................................................... Fairfield. * * * NY ....................... * * * * Wolff-Alport Chemical Company ............................................................. Ridgewood. * * * TN ....................... * * * * Walker Machine Products, Inc. ............................................................... Collierville. * * * * * * * * * a = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater than or equal to 28.50). * * * * * [FR Doc. 2014–10831 Filed 5–9–14; 8:45 am] DEPARTMENT OF HEALTH AND HUMAN SERVICES BILLING CODE 6560–50–P 42 CFR Part 73 emcdonald on DSK67QTVN1PROD with RULES RIN 0920–AA34 Possession, Use, and Transfer of Select Agents and Toxins; Biennial Review, Technical Amendment Centers for Disease Control and Prevention (CDC), Department of Health and Human Services (HHS). ACTION: Final rule; technical amendment. AGENCY: VerDate Mar<15>2010 16:04 May 09, 2014 Jkt 232001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 In a final rule that was published in the Federal Register on October 5, 2012, we amended and republished the list of select agents and toxins that have the potential to pose a severe threat to public health and safety; reorganized the list of select agents and toxins based on the relative potential of each select agent or toxin to be misused to adversely affect human health (designation of Tier 1); and amended the regulations in order to add definitions and clarify language concerning security, training, biosafety, biocontainment, and incident response. In that final rule, all of our regulatory SUMMARY: E:\FR\FM\12MYR1.SGM 12MYR1

Agencies

[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26853-26860]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-10831]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2013-0630, 0632, 0633, 0634, 0637, 0638, and 0639; FRL-
9910-72-OSWER]


National Priorities List, Final Rule No. 58

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires 
that the National Oil and Hazardous Substances Pollution Contingency 
Plan (``NCP'') include a list of national priorities among the known 
releases or threatened releases of hazardous substances, pollutants or 
contaminants throughout the United States. The National Priorities List 
(``NPL'') constitutes this list. The NPL is intended primarily to guide 
the Environmental Protection Agency (``the EPA'' or ``the agency'') in 
determining which sites warrant further investigation. These further 
investigations will allow the EPA to assess the nature and extent of 
public health and environmental risks associated with the site and to 
determine what CERCLA-financed remedial action(s), if any, may be 
appropriate. This rule adds seven sites to the General Superfund 
section of the NPL.

DATES: Effective Dates: The effective date for this amendment to the 
NCP is June 11, 2014.

ADDRESSES: Contact information for the EPA Headquarters:
     Docket Coordinator, Headquarters; U.S. Environmental 
Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue NW.; 
William Jefferson Clinton Building West, Room 3334, Washington, DC 
20004, 202/566-0276.
    The contact information for the Regional Dockets is as follows:
     Holly Inglis, Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA, 
Superfund Records and Information Center, 5 Post Office Square, Suite 
100, Boston, MA 02109-3912; 617/918-1413.
     Ildefonso Acosta, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 
Broadway, New York, NY 10007-1866; 212/637-4344.
     Lorie Baker (ASRC), Region 3 (DE, DC, MD, PA, VA, WV), 
U.S. EPA, Library, 1650 Arch Street, Mailcode 3HS12, Philadelphia, PA 
19103; 215/814-3355.
     Jennifer Wendel, Region 4 (AL, FL, GA, KY, MS, NC, SC, 
TN), U.S. EPA, 61 Forsyth Street, SW., Mailcode 9T25, Atlanta, GA 
30303; 404/562-8799.
     Todd Quesada, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA 
Superfund Division Librarian/SFD Records Manager SRC-7J, Metcalfe 
Federal Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/
886-4465.
     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, 11201 
Renner Blvd., Mailcode SUPRERNB, Lenexa, KS 66219; 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.
     Sharon Murray, Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S. 
EPA, 75 Hawthorne Street, Mailcode SFD 6-1, San Francisco, CA 94105; 
415/947-4250.
     Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 1200 6th 
Avenue, Mailcode ECL-112, Seattle, WA 98101; 206/463-1349.

FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone: (703) 603-8852, 
email: jeng.terry@epa.gov, Site Assessment and Remedy Decisions Branch, 
Assessment and Remediation Division, Office of Superfund Remediation 
and Technology Innovation (Mailcode 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 the 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?
    K. What is state/tribal correspondence concerning NPL listing?
II. Availability of Information to the Public
    A. May I review the documents relevant to this final rule?
    B. What documents are available for review at the Headquarters 
Docket?
    C. What documents are available for review at the Regional 
Dockets?
    D. How do I access the documents?
    E. How may I obtain a current list of NPL Sites?
III. Contents of This Final Rule
    A. Additions to the NPL
    B. What did the EPA do with the public comments it received?
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    1. What is Executive Order 12866?
    2. Is this final rule subject to Executive Order 12866 review?
    B. Paperwork Reduction Act
    1. What is the Paperwork Reduction Act?
    2. Does the Paperwork Reduction Act apply to this final rule?
    C. Regulatory Flexibility Act
    1. What is the Regulatory Flexibility Act?
    2. How has the EPA complied with the Regulatory Flexibility Act?
    D. Unfunded Mandates Reform Act
    1. What is the Unfunded Mandates Reform Act (UMRA)?
    2. Does UMRA apply to this final rule?
    E. Executive Order 13132: Federalism
    1. What is Executive Order 13132?
    2. Does Executive Order 13132 apply to this final rule?
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    1. What is Executive Order 13175?
    2. Does Executive Order 13175 apply to this final rule?
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    1. What is Executive Order 13045?
    2. Does Executive Order 13045 apply to this final rule?
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Usage
    1. What is Executive Order 13211?
    2. Does Executive Order 13211 apply to this final rule?
    I. National Technology Transfer and Advancement Act
    1. What is the National Technology Transfer and Advancement Act?

[[Page 26854]]

    2. Does the National Technology Transfer and Advancement Act 
apply to this final rule?
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    1. What is Executive Order 12898?
    2. Does Executive Order 12898 apply to this final rule?
    K. Congressional Review Act
    1. Has the EPA submitted this rule to Congress and the 
Government Accountability Office?
    2. Could the effective date of this final rule change?
    3. What could cause a change in the effective date of this rule?

I. Background

A. What are CERCLA and SARA?

    In 1980, Congress enacted the Comprehensive Environmental Response, 
Compensation, and Liability Act, 42 U.S.C. 9601-9675 (``CERCLA'' or 
``the Act''), in response to the dangers of uncontrolled releases or 
threatened releases of hazardous substances, and releases or 
substantial threats of releases into the environment of any pollutant 
or contaminant that may present an imminent or substantial danger to 
the public health or welfare. CERCLA was amended on October 17, 1986, 
by the Superfund Amendments and Reauthorization Act (``SARA''), Public 
Law 99-499, 100 Stat. 1613 et seq.

B. What is the NCP?

    To implement CERCLA, the 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. The 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 the 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 of only 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 the 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 the 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 the 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), the 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.
     The EPA determines that the release poses a significant 
threat to public health.
     The 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.
    The 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 a 
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.'' The 
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

[[Page 26855]]

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 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?

    The 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 the 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 the EPA delete portions of sites from the NPL as they are 
cleaned up?

    In November 1995, the 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)?

    The 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) the 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 the EPA's Internet site at http://www.epa.gov/superfund/cleanup/ccl.htm.

J. What is the Sitewide Ready for Anticipated Use measure?

    The Sitewide Ready for Anticipated Use measure represents important 
Superfund accomplishments and the measure reflects the high priority 
the EPA places on considering anticipated future land use as part of 
the 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. The EPA has been successful on many 
occasions in carrying out remedial actions that ensure protectiveness 
of human health and the environment for current and future land uses, 
in a manner that allows contaminated properties to be restored to 
environmental and economic vitality. For further information, please go 
to http://www.epa.gov/superfund/programs/recycle/pdf/sitewide_a.pdf.

K. What is state/tribal correspondence concerning NPL listing?

    In order to maintain close coordination with states and tribes in 
the NPL listing decision process, the EPA's policy is to determine the 
position of the states and tribes regarding sites that the EPA is 
considering for listing. This consultation process is outlined in two 
memoranda that can be found at the following Web site: http://www.epa.gov/superfund/sites/npl/hrsres/policy/govlet.pdf The EPA is 
improving the transparency of the process by which state and tribal 
input is solicited. The

[[Page 26856]]

EPA is using the Web and where appropriate more structured state and 
tribal correspondence that (1) explains the concerns at the site and 
the EPA's rationale for proceeding; (2) requests an explanation of how 
the state intends to address the site if placement on the NPL is not 
favored; and (3) emphasizes the transparent nature of the process by 
informing states that information on their responses will be publicly 
available.
    A model letter and correspondence from this point forward between 
the EPA and states and tribes where applicable, is available on the 
EPA's Web site at http://www.epa.gov/superfund/sites/query/queryhtm/nplstcor.htm.

II. Availability of Information to the Public

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

    Yes, documents relating to the evaluation and scoring of the sites 
in this final rule are contained in dockets located both at the EPA 
Headquarters and in the Regional offices.
    An electronic version of the public docket is available through 
http://www.regulations.gov (see table below for Docket Identification 
numbers). Although not all Docket materials may be available 
electronically, you may still access any of the publicly available 
Docket materials through the Docket facilities identified below in 
section II D.

                                      Docket Identification Numbers by Site
----------------------------------------------------------------------------------------------------------------
             Site name                 City/county, state                       Docket ID No.
----------------------------------------------------------------------------------------------------------------
MacMillan Ring Free Oil............  Norphlet, AR.........  EPA-HQ-SFUND-2013-0630.
Keddy Mill.........................  Windham, ME..........  EPA-HQ-SFUND-2013-0632.
PCE Southeast Contamination........  York, NE.............  EPA-HQ-SFUND-2013-0633.
PCE/TCE Northeast Contamination....  York, NE.............  EPA-HQ-SFUND-2013-0634.
Unimatic Manufacturing Corporation.  Fairfield, NJ........  EPA-HQ-SFUND-2013-0637.
Wolff-Alport Chemical Company......  Ridgewood, NY........  EPA-HQ-SFUND-2013-0638.
Walker Machine Products, Inc.......  Collierville, TN.....  EPA-HQ-SFUND-2013-0639.
----------------------------------------------------------------------------------------------------------------

B. What documents are available for review at the Headquarters Docket?

    The Headquarters Docket for this rule contains, for each site, the 
HRS score sheets, the Documentation Record describing the information 
used to compute the score, pertinent information regarding statutory 
requirements or the EPA listing policies that affect the site and a 
list of documents referenced in the Documentation Record. For sites 
that received comments during the comment period, the Headquarters 
Docket also contains a Support Document that includes the EPA's 
responses to comments.

C. What documents are available for review at the Regional Dockets?

    The Regional Dockets contain all the information in the 
Headquarters Docket, plus the actual reference documents containing the 
data principally relied upon by the EPA in calculating or evaluating 
the HRS score for the sites located in their Region. These reference 
documents are available only in the Regional Dockets. For sites that 
received comments during the comment period, the Regional Docket also 
contains a Support Document that includes the EPA's responses to 
comments.

D. How do I access the documents?

    You may view the documents, by appointment only, after the 
publication of this rule. The hours of operation for the Headquarters 
Docket are from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding federal holidays. Please contact the Regional Dockets for 
hours. For addresses for the Headquarters and Regional Dockets, see 
ADDRESSES section in the beginning portion of this preamble.

E. How may I obtain a current list of NPL sites?

    You may obtain a current list of NPL sites via the Internet at 
http://www.epa.gov/superfund/sites/npl/index.htm or by contacting the 
Superfund Docket (see contact information in the beginning portion of 
this notice).

III. Contents of This Final Rule

A. Additions to the NPL

    This final rule adds the following seven sites to the General 
Superfund Section of the NPL. All of the sites included in this final 
rulemaking are being added to the NPL based on HRS scores of 28.50 or 
above. The sites are presented in the table below:
    General Superfund section:

------------------------------------------------------------------------
            State                   Site name            City/county
------------------------------------------------------------------------
AR..........................  MacMillan Ring Free   Norphlet.
                               Oil.
ME..........................  Keddy Mill..........  Windham.
NE..........................  PCE Southeast         York.
                               Contamination.
NE..........................  PCE/TCE Northeast     York.
                               Contamination.
NJ..........................  Unimatic              Fairfield.
                               Manufacturing
                               Corporation.
NY..........................  Wolff-Alport          Ridgewood.
                               Chemical Company.
TN..........................  Walker Machine        Collierville.
                               Products, Inc..
------------------------------------------------------------------------

B. What did the EPA do with the public comments it received?

    The EPA reviewed all comments received on the sites in this rule 
and responded to all relevant comments. This rule adds seven sites to 
the NPL, all to the General Superfund Section.
    None of the seven sites being added to the NPL in this rule, which 
were proposed December 12, 2013 (78 FR 75534), received comments urging 
specific changes to the HRS score. Five sites being added to the NPL 
received no comments. They are Keddy Mill (Windham, ME), Walker Machine 
Products, Inc. (Collierville, TN), MacMillan Ring Free Oil (Norphlet, 
AR), PCE/TCE Northeast Contamination

[[Page 26857]]

(York, NE), and PCE Southeast Contamination (York, NE).
    The Unimatic Manufacturing Corporation (Fairfield, NJ) received one 
anonymous comment, which asked EPA to stop any regulations now. In 
response, the site meets the NPL eligibility requirements and State of 
New Jersey agreed with EPA that the site should be placed on the NPL 
and studied further to see what response, if any, is appropriate to 
ensure protection of public health and the environment.
    The Wolff-Alport Chemical Company (Wolff-Alport) site in Ridgewood, 
NY received three comments.
    One comment, which was sent prior to proposal, asked that EPA 
address contamination at a Brownfields industrial site in Ridgewood, 
Queens through the Superfund program. EPA's Region 2 office responded 
to the commenter, saying that EPA had proposed adding the identified 
site to the NPL; it was the Wolff-Alport site. The EPA Region 2 
response is in the public docket for the site. With this rule, EPA is 
adding the site to the NPL.
    The second comment urged EPA to focus on stopping pollution 
reaching people through the air, water and soil, not just cleaning up 
what is already contaminated. In response, EPA has a number of 
environmental laws, including Superfund, to address pollution. 
Superfund will address contamination under its statute at the site and 
coordinate with other environmental programs as appropriate at this and 
other NPL sites.
    EPA received a third comment on the Wolff-Alport site from the City 
of New York Law Department. New York commented that it doesn't object 
to the proposed listing because it may increase the likelihood that 
resources will be made available, but it has concerns with EPA's risk 
assessment and conclusions. The city believed the conclusions 
overemphasized the risk in several instances and failed to consider the 
interim measures that had been taken. The city recommended a more 
comprehensive investigation and assessment based on reasonable 
assumptions, and that the site be included in the Department of Energy 
(DOE) Formerly Utilized Site Remedial Action Program (FUSRAP).
    In response, EPA is adding the site to the NPL as the best way to 
ensure resources are available for cleanup. EPA has discussed with DOE 
the possibility of addressing portions of the site under the FUSRAP 
program. If a determination is made that portions of the site are 
FUSRAP eligible, then USACE will conduct further site investigation at 
those portions. NPL listing does not preclude investigation and 
remedial actions being taken at portions of a site if they are 
determined to be eligible for FUSRAP.
    In terms of New York City's desire for more reasonable assumptions 
and a more comprehensive investigation, EPA commits to establishing a 
collaborative working relationship with the state and city and will be 
soliciting and considering their comments as EPA proceeds with its 
investigation and remediation efforts. EPA's evaluation under the 
Hazard Ranking System is based on limited information. The HRS was 
created to evaluate the relative threat of sites with known or 
potential contaminant releases and it is not intended to be a risk 
assessment tool.
    EPA's study and exposure assessment will be based on the best 
information available and will be consistent with CERCLA and NCP 
policies followed by Superfund in all its NPL cleanups.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

1. What is Executive Order 12866?
    Under Executive Order 12866 (58 FR 51735 (October 4, 1993)), the 
agency must determine whether a regulatory action is ``significant'' 
and therefore subject to Office of Management and Budget (OMB) review 
and the requirements of the Executive Order. The Order defines 
``significant regulatory action'' as one that is likely to result in a 
rule that may: (1) Have an annual effect on the economy of $100 million 
or more or adversely affect in a material way the economy, a sector of 
the economy, productivity, competition, jobs, the environment, public 
health or safety, or state, local or tribal governments or communities; 
(2) create a serious inconsistency or otherwise interfere with an 
action taken or planned by another agency; (3) materially alter the 
budgetary impact of entitlements, grants, user fees, or loan programs 
or the rights and obligations of recipients thereof; or (4) raise novel 
legal or policy issues arising out of legal mandates, the President's 
priorities or the principles set forth in the Executive Order.
2. Is this final rule subject to Executive Order 12866 review?
    No. The listing of sites on the NPL does not impose any obligations 
on any entities. The listing does not set standards or a regulatory 
regime and imposes no liability or costs. Any liability under CERCLA 
exists irrespective of whether a site is listed. It has been determined 
that this action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866 and is therefore not subject to OMB 
review.

B. Paperwork Reduction Act

1. What is the Paperwork Reduction Act?
    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., an agency may not conduct or sponsor, and a person is not 
required to respond to, a collection of information that requires OMB 
approval under the PRA, unless it has been approved by OMB and displays 
a currently valid OMB control number. The OMB control numbers for the 
EPA's regulations, after initial display in the preamble of the final 
rules, are listed in 40 CFR Part 9.
2. Does the Paperwork Reduction Act apply to this final rule?
    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
the 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 the 
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

[[Page 26858]]

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 the EPA complied with the Regulatory Flexibility Act?
    This rule listing sites on the NPL does not impose any obligations 
on any group, including small entities. This rule also does not 
establish standards or requirements that any small entity must meet, 
and imposes no direct costs on any small entity. Whether an entity, 
small or otherwise, is liable for response costs for a release of 
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 rule does not 
impose any requirements on any small entities. For the foregoing 
reasons, I certify that this rule will not have a significant economic 
impact on a substantial number of small entities.

D. Unfunded Mandates Reform Act

1. What is the Unfunded Mandates Reform Act (UMRA)?
    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for federal agencies to assess the 
effects of their regulatory actions on state, local and tribal 
governments and the private sector. Under section 202 of the UMRA, the 
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 the EPA promulgates a rule 
where a written statement is needed, section 205 of the UMRA generally 
requires the 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 the 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 the 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 the EPA regulatory proposals with significant federal 
intergovernmental mandates and informing, educating and advising small 
governments on compliance with the regulatory requirements.
2. Does UMRA apply to this final rule?
    This final 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. 
Listing a site on the NPL does not itself impose any costs. Listing 
does not mean that the EPA necessarily will undertake remedial action. 
Nor does listing require any action by a private party or determine 
liability for response costs. Costs that arise out of site responses 
result from site-specific decisions regarding what actions to take, not 
directly from the act of placing a site 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 listing 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 the 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'' are 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 final rule?
    This final rule does not have federalism implications. It will not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132, 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 final 
rule.
    The EPA believes, however, that this final rule may be of 
significant interest to state governments. In the spirit of Executive 
Order 13132, and consistent with the EPA policy to promote 
communications between the EPA and state and local governments, the 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 final rule were referred to the EPA by states 
for listing. For all sites in this rule, the 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 the 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'' are 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 final rule?
    This final rule does not have tribal implications, as specified in 
Executive

[[Page 26859]]

Order 13175 (65 FR 67249, November 9, 2000). Listing a site on 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 
final rule.

G. Executive Order 13045: Protection of Children From Environmental 
Health and Safety Risks

1. What is Executive Order 13045?
    Executive Order 13045: ``Protection of Children from Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that the EPA has reason to believe 
may have a disproportionate effect on children. If the regulatory 
action meets both criteria, the agency must evaluate the environmental 
health or safety effects of the planned rule on children, and explain 
why the planned regulation is preferable to other potentially effective 
and reasonably feasible alternatives considered by the agency.
2. Does Executive Order 13045 apply to this final rule?
    This rule is not subject to Executive Order 13045 because it is not 
an economically significant rule as defined by Executive Order 12866, 
and because the agency does not have reason to believe the 
environmental health or safety risks addressed by this section present 
a disproportionate risk to children.

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

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 final 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, 
the agency has concluded that this final rule is not likely to have any 
adverse energy impacts because adding 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 13211 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 the 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 the 
EPA to provide Congress, through OMB, explanations when the agency 
decides not to use available and applicable voluntary consensus 
standards.
2. Does the National Technology Transfer and Advancement Act apply to 
this final rule?
    No. This rulemaking does not involve technical standards. 
Therefore, the 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 final rule?
    The EPA has determined that this final 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.

K. Congressional Review Act

1. Has the EPA submitted this rule to Congress and the Government 
Accountability Office?
    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. The EPA has submitted a report containing this rule and 
other required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the United States prior 
to publication of the rule in the Federal Register. A ``major rule'' 
cannot take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major rule'' as defined by 5 U.S.C. 
804(2).
2. Could the effective date of this final rule change?
    Provisions of the Congressional Review Act (CRA) or section 305 of 
CERCLA may alter the effective date of this regulation.
    The EPA has submitted a report under the CRA for this rule. The 
rule will take effect, as provided by law, within 30 days of 
publication of this document, since it is not a major rule. NPL listing 
is not a major rule because, by itself, imposes no monetary costs on 
any person. It establishes no enforceable duties, does not establish 
that the EPA necessarily will undertake remedial action, nor does it 
require any action by any party or determine liability for site 
response costs. Costs that arise out of site responses result from 
site-by-site decisions about what actions to take, not directly from 
the act of listing itself. Section 801(a)(3) provides for a delay in 
the effective date of major rules after this report is submitted.
3. What could cause a change in the effective date of this rule?
    Under 5 U.S.C. 801(b)(1), a rule shall not take effect, or continue 
in effect, if Congress enacts (and the President

[[Page 26860]]

signs) a joint resolution of disapproval, described under section 802.
    Another statutory provision that may affect this rule is CERCLA 
section 305, which provides for a legislative veto of regulations 
promulgated under CERCLA. Although INS v. Chadha, 462 U.S. 919,103 S. 
Ct. 2764 (1983), and Bd. of Regents of the University of Washington v. 
EPA, 86 F.3d 1214,1222 (D.C. Cir. 1996), cast the validity of the 
legislative veto into question, the EPA has transmitted a copy of this 
regulation to the Secretary of the Senate and the Clerk of the House of 
Representatives.
    If action by Congress under either the CRA or CERCLA section 305 
calls the effective date of this regulation into question, the EPA will 
publish a document of clarification in the Federal Register.

List of Subjects in 40 CFR Part 300

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

    Dated: May 1, 2014.
Barry Breen,
Principal Deputy Assistant Administrator, Office of Solid Waste and 
Emergency Response.

    For the reasons set out in this preamble, 40 CFR part 300 is 
amended as follows:

PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION 
CONTINGENCY PLAN

0
1. The authority citation for Part 300 continues to read as follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923, 3 CFR, 1987 Comp., p. 193.

Appendix B to Part 300--[Amended]

0
2. Table 1 of Appendix B to Part 300 by adding entries for ``MacMillan 
Ring Free Oil'', ``Keddy Mill'', ``PCE Southeast Contamination'', 
``PCE/TCE Northeast Contamination'', ``Unimatic Manufacturing 
Corporation'', ``Wolff-Alport Chemical Company'', and ``Walker Machine 
Products, Inc.'' in alphabetical order by state.
    The additions read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
               State                          Site name                 City/County               Notes a
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
AR.................................  MacMillan Ring Free Oil....  Norphlet..............
 
                                                  * * * * * * *
ME.................................  Keddy Mill.................  Windham...............
 
                                                  * * * * * * *
NE.................................  PCE Southeast Contamination  York..................
NE.................................  PCE/TCE Northeast            York..................
                                      Contamination.
 
                                                  * * * * * * *
NJ.................................  Unimatic Manufacturing       Fairfield.............
                                      Corporation.
 
                                                  * * * * * * *
NY.................................  Wolff-Alport Chemical        Ridgewood.............
                                      Company.
 
                                                  * * * * * * *
TN.................................  Walker Machine Products,     Collierville..........
                                      Inc..
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
a = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be greater than or equal to 28.50).

* * * * *
[FR Doc. 2014-10831 Filed 5-9-14; 8:45 am]
BILLING CODE 6560-50-P