National Priorities List, Proposed Rule No. 61, 56538-56545 [2014-22423]

Download as PDF 56538 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Proposed Rules Warning: Potential systemic adverse effects may result from use of this device. Drugs or solutions delivered with this device have the potential to reach the blood stream and cause systemic effects. Carefully read all labeling of the drug or solution used with this device to understand all potential adverse effects and to ensure appropriate dosing information. If systemic manifestations occur, refer to the drug or solution labeling for appropriate action. (iii) Appropriate analysis/testing must demonstrate electromagnetic compatibility, electrical safety, thermal safety, and mechanical safety. (iv) Appropriate software verification, validation, and hazard analysis must be performed. (v) The elements of the device that may contact the patient must be demonstrated to be biocompatible. (vi) The elements of the device that may contact the patient must be assessed for sterility. (vii) Performance data must support the shelf life of the elements of the device that may be affected by aging by demonstrating continued package integrity and device functionality over the stated shelf life. Dated: September 15, 2014. Leslie Kux, Assistant Commissioner for Policy. [FR Doc. 2014–22453 Filed 9–19–14; 8:45 am] BILLING CODE 4164–01–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA–R03–OAR–2014–0596; FRL–9916–81– Region 3] Approval and Promulgation of Air Quality Implementation Plans; West Virginia; 2014 Amendments to West Virginia’s Ambient Air Quality Standards Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: EPA proposes to approve the State Implementation Plan (SIP) revision submitted by the State of West Virginia for the purpose of amending their Legislative Rule on Ambient Air Quality Standards. In the Final Rules section of this Federal Register, EPA is approving the State’s SIP submittal as a direct final rule without prior proposal because EPA views this as a noncontroversial submittal and anticipates no adverse comments. A asabaliauskas on DSK5VPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:54 Sep 19, 2014 Jkt 232001 detailed rationale for the approval is set forth in the direct final rule. If no adverse comments are received in response to this action, no further activity is contemplated. If EPA receives adverse comments, the direct final rule will be withdrawn and all public comments received will be addressed in a subsequent final rule based on this proposed rule. EPA will not institute a second comment period. Any parties interested in commenting on this action should do so at this time. DATES: Comments must be received in writing by October 22, 2014. ADDRESSES: Submit your comments, identified by Docket ID Number EPA– R03–OAR–2014–0596 by one of the following methods: A. www.regulations.gov. Follow the on-line instructions for submitting comments. B. Email: fernandez.cristina@epa.gov. C. Mail: EPA–R03–OAR–2014–0596, Cristina Fernandez, Associate Director, Office of Air Program Planning, Air Protection Division, Mailcode 3AP30, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. D. Hand Delivery: At the previouslylisted EPA Region III address. Such deliveries are only accepted during the Docket’s normal hours of operation, and special arrangements should be made for deliveries of boxed information. Instructions: Direct your comments to Docket ID No. EPA–R03–OAR–2014– 0596. EPA’s policy is that all comments received will be included in the public docket without change, and may be made available online at www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or email. The www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through ww.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If EPA PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy during normal business hours at the Air Protection Division, U.S. Environmental Protection Agency, Region III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the State submittal are available at the West Virginia Department of Environmental Protection, Division of Air Quality, 601 57th Street SE., Charleston, West Virginia 25304. FOR FURTHER INFORMATION CONTACT: Ellen Schmitt, (215) 814–5787, or by email at schmitt.ellen@epa.gov. SUPPLEMENTARY INFORMATION: For further information, please see the information provided in the direct final action, with the same title, that is located in the ‘‘Rules and Regulations’’ section of this Federal Register publication. Please note that if EPA receives adverse comment on an amendment, paragraph, or section of this rule and if that provision may be severed from the remainder of the rule, EPA may adopt as final those provisions of the rule that are not the subject of an adverse comment. Dated: September 2, 2014. William C. Early, Acting Regional Administrator, Region III. [FR Doc. 2014–22414 Filed 9–19–14; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–SFUND–2014–0623, 0624, and 0625; FRL–9916–73–OSWER] National Priorities List, Proposed Rule No. 61 Environmental Protection Agency (EPA). AGENCY: E:\FR\FM\22SEP1.SGM 22SEP1 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Proposed Rules ACTION: Proposed rule. The Comprehensive Environmental Response, Compensation, and Liability Act (‘‘CERCLA’’ or ‘‘the Act’’), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (‘‘NCP’’) include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or SUMMARY: contaminants throughout the United States. The National Priorities List (‘‘NPL’’) constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (‘‘EPA’’ or ‘‘the agency’’) in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to 56539 determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule proposes to add three sites to the General Superfund section of the NPL. Comments regarding any of these proposed listings must be submitted (postmarked) on or before November 21, 2014. DATES: Identify the appropriate docket number from the table below. ADDRESSES: DOCKET IDENTIFICATION NUMBERS BY SITE City/County, state 35th Avenue ................................................................................................... Birmingham, AL ................................. Kokomo Contaminated Ground Water Plume ................................................ Kokomo, IN ........................................ DSC McLouth Steel Gibraltar Plant ............................................................... asabaliauskas on DSK5VPTVN1PROD with RULES Site name Gibraltar, MI ....................................... Submit your comments, identified by the appropriate docket number, by one of the following methods: • http://www.regulations.gov Follow the online instructions for submitting comments. • Email: http://superfund.docket@ epa.gov. • Mail: Mail comments (no facsimiles or tapes) to Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA Docket Office; (Mailcode 5305T); 1200 Pennsylvania Avenue NW.; Washington, DC 20460. • Hand Delivery or Express Mail: Send comments (no facsimiles or tapes) to Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue NW.; William Jefferson Clinton Building West, Room 3334, Washington, DC 20004. Such deliveries are accepted only during the docket’s normal hours of operation (8:30 a.m. to 4:30 p.m., Monday through Friday, excluding federal holidays). Instructions: Direct your comments to the appropriate docket number (see table above). The EPA’s policy is that all comments received will be included in the public docket without change and may be made available online at http://www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be confidential business information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or email. The http://www.regulations.gov Web site is VerDate Sep<11>2014 18:34 Sep 19, 2014 Jkt 232001 an ‘‘anonymous access’’ system; that means the EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to the EPA without going through http:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, the EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. If the EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, the EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional docket addresses and further details on their contents, see section II, ‘‘Public Review/Public Comment,’’ of the Supplementary Information portion of this preamble. FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone: (703) 603–8852, 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: PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 Docket ID No. EPA–HQ–SFUND–2014– 0623 EPA–HQ–SFUND–2014– 0624 EPA–HQ–SFUND–2014– 0625 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. Public Review/Public Comment A. May I review the documents relevant to this proposed rule? B. How do I access the documents? C. What documents are available for public review at the Headquarters docket? D. What documents are available for public review at the regional dockets? E. How do I submit my comments? F. What happens to my comments? G. What should I consider when preparing my comments? H. May I submit comments after the public comment period is over? I. May I view public comments submitted by others? J. May I submit comments regarding sites not currently proposed to the NPL? III. Contents of This Proposed Rule A. Proposed Additions to the NPL IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review 1. What is Executive Order 12866? 2. Is this proposed rule subject to Executive Order 12866 review? B. Paperwork Reduction Act 1. What is the Paperwork Reduction Act? 2. Does the Paperwork Reduction Act apply to this proposed rule? E:\FR\FM\22SEP1.SGM 22SEP1 56540 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Proposed Rules 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 proposed rule? E. Executive Order 13132: Federalism 1. What is Executive Order 13132? 2. Does Executive Order 13132 apply to this proposed rule? F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments 1. What is Executive Order 13175? 2. Does Executive Order 13175 apply to this proposed rule? G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks 1. What is Executive Order 13045? 2. Does Executive Order 13045 apply to this proposed rule? H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use 1. What is Executive Order 13211? 2. Does Executive Order 13211 apply to this proposed rule? I. National Technology Transfer and Advancement Act 1. What is the National Technology Transfer and Advancement Act? 2. Does the National Technology Transfer and Advancement Act apply to this proposed rule? J. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations 1. What is Executive Order 12898? 2. Does Executive Order 12898 apply to this proposed rule? I. Background asabaliauskas on DSK5VPTVN1PROD 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 VerDate Sep<11>2014 16:54 Sep 19, 2014 Jkt 232001 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 only of limited significance, however, as it does not assign liability to any party or to the owner of any specific property. Also, placing a site on the NPL does not mean that any remedial or removal action necessarily need be taken. For purposes of listing, the NPL includes two sections, one of sites that are generally evaluated and cleaned up by 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 PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 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 E:\FR\FM\22SEP1.SGM 22SEP1 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Proposed Rules asabaliauskas on DSK5VPTVN1PROD with RULES placed on the NPL, as provided in the NCP at 40 CFR 300.425(b)(1). (‘‘Remedial actions’’ are those ‘‘consistent with permanent remedy, taken instead of or in addition to removal actions. * * *’’ 42 U.S.C. 9601(24).) However, under 40 CFR 300.425(b)(2) placing a site on the NPL ‘‘does not imply that monies will be expended.’’ 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 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, VerDate Sep<11>2014 16:54 Sep 19, 2014 Jkt 232001 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. The 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: PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 56541 (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. 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 (formerly called Sitewide Ready-for-Reuse) 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 E:\FR\FM\22SEP1.SGM 22SEP1 56542 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Proposed Rules 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 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. Public Review/Public Comment A. May I review the documents relevant to this proposed rule? Yes, documents that form the basis for the EPA’s evaluation and scoring of the sites in this proposed rule are contained in public dockets located both at the EPA Headquarters in Washington, DC, and in the regional offices. These documents are also available by electronic access at http:// www.regulations.gov (see instructions in the ‘‘Addresses’’ section above). asabaliauskas on DSK5VPTVN1PROD with RULES B. How do I access the documents? You may view the documents, by appointment only, in the Headquarters or the regional dockets after the publication of this proposed rule. The hours of operation for the Headquarters docket are from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding federal holidays. Please contact the regional dockets for hours. VerDate Sep<11>2014 16:54 Sep 19, 2014 Jkt 232001 The following is the contact information for the EPA Headquarters Docket: 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. (Please note this is a visiting address only. Mail comments to the EPA Headquarters as detailed at the beginning of this preamble.) 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. You may also request copies from the EPA Headquarters or the regional dockets. An informal request, rather than a formal written request under the Freedom of Information Act, should be the ordinary procedure for obtaining copies of any of these documents. Please note that due to the difficulty of reproducing oversized maps, oversized maps may be viewed only in-person; PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 since the EPA dockets are not equipped to either copy and mail out such maps or scan them and send them out electronically. You may use the docket at http:// www.regulations.gov to access documents in the Headquarters docket (see instructions included in the ‘‘Addresses’’ section above). Please note that there are differences between the Headquarters docket and the regional dockets and those differences are outlined below. C. What documents are available for public review at the Headquarters docket? The Headquarters docket for this proposed rule contains the following for the sites proposed in this rule: HRS score sheets; documentation records describing the information used to compute the score; information for any sites affected by particular statutory requirements or the EPA listing policies; and a list of documents referenced in the documentation record. D. What documents are available for public review at the regional dockets? The regional dockets for this proposed rule contain all of the information in the Headquarters docket plus the actual reference documents containing the data principally relied upon and cited by the EPA in calculating or evaluating the HRS score for the sites. These reference documents are available only in the regional dockets. E. How do I submit my comments? Comments must be submitted to the EPA Headquarters as detailed at the beginning of this preamble in the ‘‘Addresses’’ section. Please note that the mailing addresses differ according to method of delivery. There are two different addresses that depend on whether comments are sent by express mail or by postal mail. F. What happens to my comments? The EPA considers all comments received during the comment period. Significant comments are typically addressed in a support document that the EPA will publish concurrently with the Federal Register document if, and when, the site is listed on the NPL. G. What should I consider when preparing my comments? Comments that include complex or voluminous reports, or materials prepared for purposes other than HRS scoring, should point out the specific information that the EPA should consider and how it affects individual HRS factor values or other listing E:\FR\FM\22SEP1.SGM 22SEP1 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Proposed Rules criteria (Northside Sanitary Landfill v. Thomas, 849 F.2d 1516 (D.C. Cir. 1988)). The EPA will not address voluminous comments that are not referenced to the HRS or other listing criteria. The EPA will not address comments unless they indicate which component of the HRS documentation record or what particular point in the EPA’s stated eligibility criteria is at issue. 56543 I. May I view public comments submitted by others? H. May I submit comments after the public comment period is over? Generally, the EPA will not respond to late comments. The EPA can guarantee only that it will consider those comments postmarked by the close of the formal comment period. The EPA has a policy of generally not delaying a final listing decision solely to accommodate consideration of late comments. J. May I submit comments regarding sites not currently proposed to the NPL? During the comment period, comments are placed in the Headquarters docket and are available to the public on an ‘‘as received’’ basis. A complete set of comments will be available for viewing in the regional dockets approximately one week after the formal comment period closes. All public comments, whether submitted electronically or in paper form, will be made available for public viewing in the electronic public docket at http://www.regulations.gov as the EPA receives them and without change, unless the comment contains copyrighted material, confidential business information (CBI) or other information whose disclosure is restricted by statute. Once in the public dockets system, select ‘‘search,’’ then key in the appropriate docket ID number. In certain instances, interested parties have written to the EPA concerning sites that were not at that time proposed to the NPL. If those sites are later proposed to the NPL, parties should review their earlier concerns and, if still appropriate, resubmit those concerns for consideration during the formal comment period. Site-specific correspondence received prior to the period of formal proposal and comment will not generally be included in the docket. III. Contents of This Proposed Rule A. Proposed Additions to the NPL In today’s proposed rule, the EPA is proposing to add three sites to the NPL, all to the General Superfund section. All of the sites in this proposed rulemaking are being proposed based on HRS scores of 28.50 or above. The sites are presented in the table below. GENERAL SUPERFUND SECTION State Site name AL .............................................................. IN ............................................................... MI ............................................................... 35th Avenue ................................................................................................................. Kokomo Contaminated Ground Water Plume ............................................................. DSC McLouth Steel Gibraltar Plant ............................................................................. mandates, the President’s priorities or the principles set forth in the Executive Order. IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review asabaliauskas on DSK5VPTVN1PROD with RULES 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 VerDate Sep<11>2014 16:54 Sep 19, 2014 Jkt 232001 2. Is this proposed rule subject to Executive Order 12866 review? No. The listing of sites on the NPL does not impose any obligations on any entities. The listing does not set standards or a regulatory regime and imposes no liability or costs. Any liability under CERCLA exists irrespective of whether a site is listed. It has been determined that this action is not a ‘‘significant regulatory action’’ under the terms of Executive Order 12866 and is therefore not subject to OMB review. B. Paperwork Reduction Act 1. What is the Paperwork Reduction Act? According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., an agency may not conduct or sponsor, and a person is not required to respond to a collection of information that requires OMB approval under the PRA, unless it has been approved by OMB and displays a currently valid OMB control number. The OMB control numbers for the EPA’s regulations, after PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 City/County Birmingham. Kokomo. Gibraltar. initial display in the preamble of the final rules, are listed in 40 CFR Part 9. 2. Does the Paperwork Reduction Act apply to this proposed rule? This action does not impose an information collection burden under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 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. E:\FR\FM\22SEP1.SGM 22SEP1 56544 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Proposed Rules 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 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. asabaliauskas on DSK5VPTVN1PROD with RULES 2. How has the EPA complied with the Regulatory Flexibility Act? This proposed rule listing sites on the NPL, if promulgated, would not impose any obligations on any group, including small entities. This proposed rule, if promulgated, also would establish no standards or requirements that any small entity must meet, and would impose no direct costs on any small entity. Whether an entity, small or otherwise, is liable for response costs for a release of hazardous substances depends on whether that entity is liable under CERCLA 107(a). Any such liability exists regardless of whether the site is listed on the NPL through this rulemaking. Thus, this proposed rule, if promulgated, would not impose any requirements on any small entities. For the foregoing reasons, I certify that this proposed rule, if promulgated, will not have a significant economic impact on a substantial number of small entities. D. Unfunded Mandates Reform Act 1. What is the Unfunded Mandates Reform Act (UMRA)? Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public Law 104–4, establishes requirements for federal agencies to assess the effects of VerDate Sep<11>2014 16:54 Sep 19, 2014 Jkt 232001 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 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 EPA regulatory proposals with significant federal intergovernmental mandates and informing, educating and advising small governments on compliance with the regulatory requirements. 2. Does UMRA apply to this proposed rule? This proposed rule does not contain a federal mandate that may result in expenditures of $100 million or more for state, local and tribal governments, in the aggregate, or the private sector in any one year. Proposing a site on the NPL does not itself impose any costs. Proposal does not mean that the EPA necessarily will undertake remedial action. Nor does proposal require any action by a private party or determine liability for response costs. Costs that arise out of site responses result from site-specific decisions regarding what actions to take, not directly from the act of proposing a site to be placed on the NPL. Thus, this rule is not subject to the requirements of section 202 and 205 of UMRA. This rule is also not subject to the requirements of section 203 of UMRA PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 because it contains no regulatory requirements that might significantly or uniquely affect small governments. As is mentioned above, site proposal does not impose any costs and would not require any action of a small government. E. Executive Order 13132: Federalism 1. What is Executive Order 13132? Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999), requires 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 proposed rule? This proposed rule does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132, because it does not contain any requirements applicable to states or other levels of government. Thus, the requirements of the Executive Order do not apply to this proposed rule. The EPA believes, however, that this proposed rule may be of significant interest to state governments. In the spirit of Executive Order 13132, and consistent with 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 proposed 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. E:\FR\FM\22SEP1.SGM 22SEP1 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Proposed Rules F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments H. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use 1. What is Executive Order 13175? 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. 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 proposed rule? This action does not have tribal implications, as specified in Executive Order 13175. Proposing a site to the NPL does not impose any costs on a tribe or require a tribe to take remedial action. Thus, Executive Order 13175 does not apply to this proposed rule. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks 1. What is Executive Order 13045? Executive Order 13045: ‘‘Protection of Children From Environmental Health Risks and Safety Risks’’ (62 FR 19885, April 23, 1997) applies to any rule that: (1) Is determined to be ‘‘economically significant’’ as defined under Executive Order 12866, and (2) concerns an environmental health or safety risk that 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. asabaliauskas on DSK5VPTVN1PROD with RULES 2. Does Executive Order 13045 apply to this proposed rule? This proposed rule is not subject to Executive Order 13045 because it is not an economically significant rule as defined by Executive Order 12866, and because the agency does not have reason to believe the environmental health or safety risks addressed by this proposed rule present a disproportionate risk to children. VerDate Sep<11>2014 16:54 Sep 19, 2014 Jkt 232001 2. Does Executive Order 13211 apply to this proposed rule? This action is not a ‘‘significant energy action’’ as defined in Executive Order 13211, because it is not likely to have a significant adverse effect on the supply, distribution or use of energy. Further, the agency has concluded that this rule is not likely to have any adverse energy impacts because proposing a site to the NPL does not require an entity to conduct any action that would require energy use, let alone that which would significantly affect energy supply, distribution or usage. Thus, Executive Order 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. 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 (E.O.) 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 proposed rule? The EPA has determined that this proposed rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. As this rule does not impose any enforceable duty upon state, tribal or local governments, this rule will neither increase nor decrease environmental protection. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601–9657; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. Dated: September 10, 2014. Mathy Stanislaus, Assistant Administrator, Office of Solid Waste and Emergency Response. [FR Doc. 2014–22423 Filed 9–19–14; 8:45 am] BILLING CODE 6560–50–P 2. Does the National Technology Transfer and Advancement Act apply to this proposed rule? No. This proposed rulemaking does not involve technical standards. Therefore, the EPA did not consider the PO 00000 Frm 00022 Fmt 4702 Sfmt 9990 56545 E:\FR\FM\22SEP1.SGM 22SEP1

Agencies

[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Proposed Rules]
[Pages 56538-56545]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22423]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-SFUND-2014-0623, 0624, and 0625; FRL-9916-73-OSWER]


National Priorities List, Proposed Rule No. 61

AGENCY: Environmental Protection Agency (EPA).

[[Page 56539]]


ACTION: Proposed rule.

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SUMMARY: The Comprehensive Environmental Response, Compensation, and 
Liability Act (``CERCLA'' or ``the Act''), as amended, requires that 
the National Oil and Hazardous Substances Pollution Contingency Plan 
(``NCP'') include a list of national priorities among the known 
releases or threatened releases of hazardous substances, pollutants or 
contaminants throughout the United States. The National Priorities List 
(``NPL'') constitutes this list. The NPL is intended primarily to guide 
the Environmental Protection Agency (``EPA'' or ``the agency'') in 
determining which sites warrant further investigation. These further 
investigations will allow 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 proposes to add three sites to the General 
Superfund section of the NPL.

DATES: Comments regarding any of these proposed listings must be 
submitted (postmarked) on or before November 21, 2014.

ADDRESSES: Identify the appropriate docket number from the table below.

                                      Docket Identification Numbers by Site
----------------------------------------------------------------------------------------------------------------
               Site name                     City/County, state                     Docket ID No.
----------------------------------------------------------------------------------------------------------------
35th Avenue............................  Birmingham, AL............  EPA-HQ-SFUND-2014-0623
Kokomo Contaminated Ground Water Plume.  Kokomo, IN................  EPA-HQ-SFUND-2014-0624
DSC McLouth Steel Gibraltar Plant......  Gibraltar, MI.............  EPA-HQ-SFUND-2014-0625
----------------------------------------------------------------------------------------------------------------

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

FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone: (703) 603-8852, 
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. Public Review/Public Comment
    A. May I review the documents relevant to this proposed rule?
    B. How do I access the documents?
    C. What documents are available for public review at the 
Headquarters docket?
    D. What documents are available for public review at the 
regional dockets?
    E. How do I submit my comments?
    F. What happens to my comments?
    G. What should I consider when preparing my comments?
    H. May I submit comments after the public comment period is 
over?
    I. May I view public comments submitted by others?
    J. May I submit comments regarding sites not currently proposed 
to the NPL?
III. Contents of This Proposed Rule
    A. Proposed Additions to the NPL
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    1. What is Executive Order 12866?
    2. Is this proposed rule subject to Executive Order 12866 
review?
    B. Paperwork Reduction Act
    1. What is the Paperwork Reduction Act?
    2. Does the Paperwork Reduction Act apply to this proposed rule?

[[Page 56540]]

    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 proposed rule?
    E. Executive Order 13132: Federalism
    1. What is Executive Order 13132?
    2. Does Executive Order 13132 apply to this proposed rule?
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    1. What is Executive Order 13175?
    2. Does Executive Order 13175 apply to this proposed rule?
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    1. What is Executive Order 13045?
    2. Does Executive Order 13045 apply to this proposed rule?
    H. Executive Order 13211: Actions that Significantly Affect 
Energy Supply, Distribution, or Use
    1. What is Executive Order 13211?
    2. Does Executive Order 13211 apply to this proposed rule?
    I. National Technology Transfer and Advancement Act
    1. What is the National Technology Transfer and Advancement Act?
    2. Does the National Technology Transfer and Advancement Act 
apply to this proposed rule?
    J. Executive Order 12898: Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    1. What is Executive Order 12898?
    2. Does Executive Order 12898 apply to this proposed rule?

I. Background

A. What are CERCLA and SARA?

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

B. What is the NCP?

    To implement CERCLA, 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 only of limited significance, however, as it 
does not assign liability to any party or to the owner of any specific 
property. Also, placing a site on the NPL does not mean that any 
remedial or removal action necessarily need be taken.
    For purposes of listing, the NPL includes two sections, one of 
sites that are generally evaluated and cleaned up by 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

[[Page 56541]]

placed on the NPL, as provided in the NCP at 40 CFR 300.425(b)(1). 
(``Remedial actions'' are those ``consistent with permanent remedy, 
taken instead of or in addition to removal actions. * * *'' 42 U.S.C. 
9601(24).) However, under 40 CFR 300.425(b)(2) placing a site on the 
NPL ``does not imply that monies will be expended.'' 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 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.
    The 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 (formerly called 
Sitewide Ready-for-Reuse) 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

[[Page 56542]]

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/sitewidea.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 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. Public Review/Public Comment

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

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

B. How do I access the documents?

    You may view the documents, by appointment only, in the 
Headquarters or the regional dockets after the publication of this 
proposed rule. The hours of operation for the Headquarters docket are 
from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding federal 
holidays. Please contact the regional dockets for hours.
    The following is the contact information for the EPA Headquarters 
Docket: Docket Coordinator, Headquarters, U.S. Environmental Protection 
Agency, CERCLA Docket Office, 1301 Constitution Avenue NW., William 
Jefferson Clinton Building West, Room 3334, Washington, DC 20004; 202/
566-0276. (Please note this is a visiting address only. Mail comments 
to the EPA Headquarters as detailed at the beginning of this preamble.)
    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.
    You may also request copies from the EPA Headquarters or the 
regional dockets. An informal request, rather than a formal written 
request under the Freedom of Information Act, should be the ordinary 
procedure for obtaining copies of any of these documents. Please note 
that due to the difficulty of reproducing oversized maps, oversized 
maps may be viewed only in-person; since the EPA dockets are not 
equipped to either copy and mail out such maps or scan them and send 
them out electronically.
    You may use the docket at http://www.regulations.gov to access 
documents in the Headquarters docket (see instructions included in the 
``Addresses'' section above). Please note that there are differences 
between the Headquarters docket and the regional dockets and those 
differences are outlined below.

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

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

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

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

E. How do I submit my comments?

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

F. What happens to my comments?

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

G. What should I consider when preparing my comments?

    Comments that include complex or voluminous reports, or materials 
prepared for purposes other than HRS scoring, should point out the 
specific information that the EPA should consider and how it affects 
individual HRS factor values or other listing

[[Page 56543]]

criteria (Northside Sanitary Landfill v. Thomas, 849 F.2d 1516 (D.C. 
Cir. 1988)). The EPA will not address voluminous comments that are not 
referenced to the HRS or other listing criteria. The EPA will not 
address comments unless they indicate which component of the HRS 
documentation record or what particular point in the EPA's stated 
eligibility criteria is at issue.

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

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

I. May I view public comments submitted by others?

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

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

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

III. Contents of This Proposed Rule

A. Proposed Additions to the NPL

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

                        General Superfund Section
------------------------------------------------------------------------
            State                    Site name            City/County
------------------------------------------------------------------------
AL...........................  35th Avenue..........  Birmingham.
IN...........................  Kokomo Contaminated    Kokomo.
                                Ground Water Plume.
MI...........................  DSC McLouth Steel      Gibraltar.
                                Gibraltar Plant.
------------------------------------------------------------------------

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

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

B. Paperwork Reduction Act

1. What is the Paperwork Reduction Act?
    According to the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et 
seq., an agency may not conduct or sponsor, and a person is not 
required to respond to a collection of information that requires OMB 
approval under the PRA, unless it has been approved by OMB and displays 
a currently valid OMB control number. The OMB control numbers for 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 proposed rule?
    This action does not impose an information collection burden under 
the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. 
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.

[[Page 56544]]

    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 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 proposed rule listing sites on the NPL, if promulgated, would 
not impose any obligations on any group, including small entities. This 
proposed rule, if promulgated, also would establish no standards or 
requirements that any small entity must meet, and would impose no 
direct costs on any small entity. Whether an entity, small or 
otherwise, is liable for response costs for a release of hazardous 
substances depends on whether that entity is liable under CERCLA 
107(a). Any such liability exists regardless of whether the site is 
listed on the NPL through this rulemaking. Thus, this proposed rule, if 
promulgated, would not impose any requirements on any small entities. 
For the foregoing reasons, I certify that this proposed rule, if 
promulgated, will not have a significant economic impact on a 
substantial number of small entities.

D. Unfunded Mandates Reform Act

1. What is the Unfunded Mandates Reform Act (UMRA)?
    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public 
Law 104-4, establishes requirements for federal agencies to assess the 
effects of their regulatory actions on state, local and tribal 
governments and the private sector. Under section 202 of the UMRA, 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 EPA regulatory proposals with significant federal 
intergovernmental mandates and informing, educating and advising small 
governments on compliance with the regulatory requirements.
2. Does UMRA apply to this proposed rule?
    This proposed rule does not contain a federal mandate that may 
result in expenditures of $100 million or more for state, local and 
tribal governments, in the aggregate, or the private sector in any one 
year. Proposing a site on the NPL does not itself impose any costs. 
Proposal does not mean that the EPA necessarily will undertake remedial 
action. Nor does proposal require any action by a private party or 
determine liability for response costs. Costs that arise out of site 
responses result from site-specific decisions regarding what actions to 
take, not directly from the act of proposing a site to be placed on the 
NPL. Thus, this rule is not subject to the requirements of section 202 
and 205 of UMRA.
    This rule is also not subject to the requirements of section 203 of 
UMRA because it contains no regulatory requirements that might 
significantly or uniquely affect small governments. As is mentioned 
above, site proposal does not impose any costs and would not require 
any action of a small government.

E. Executive Order 13132: Federalism

1. What is Executive Order 13132?
    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), requires 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 proposed rule?
    This proposed rule does not have federalism implications. It will 
not have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government, 
as specified in Executive Order 13132, because it does not contain any 
requirements applicable to states or other levels of government. Thus, 
the requirements of the Executive Order do not apply to this proposed 
rule.
    The EPA believes, however, that this proposed rule may be of 
significant interest to state governments. In the spirit of Executive 
Order 13132, and consistent with 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 proposed 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.

[[Page 56545]]

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

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

1. What is Executive Order 13045?
    Executive Order 13045: ``Protection of Children From Environmental 
Health Risks and Safety Risks'' (62 FR 19885, April 23, 1997) applies 
to any rule that: (1) Is determined to be ``economically significant'' 
as defined under Executive Order 12866, and (2) concerns an 
environmental health or safety risk that 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 proposed rule?
    This proposed rule is not subject to Executive Order 13045 because 
it is not an economically significant rule as defined by Executive 
Order 12866, and because the agency does not have reason to believe the 
environmental health or safety risks addressed by this proposed rule 
present a disproportionate risk to children.

H. Executive Order 13211: Actions that Significantly Affect Energy 
Supply, Distribution, or 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 proposed rule?
    This action is not a ``significant energy action'' as defined in 
Executive Order 13211, because it is not likely to have a significant 
adverse effect on the supply, distribution or use of energy. Further, 
the agency has concluded that this rule is not likely to have any 
adverse energy impacts because proposing a site to the NPL does not 
require an entity to conduct any action that would require energy use, 
let alone that which would significantly affect energy supply, 
distribution or usage. Thus, Executive Order 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 proposed rule?
    No. This proposed 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 (E.O.) 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 proposed rule?
    The EPA has determined that this proposed rule will not have 
disproportionately high and adverse human health or environmental 
effects on minority or low-income populations because it does not 
affect the level of protection provided to human health or the 
environment. As this rule does not impose any enforceable duty upon 
state, tribal or local governments, this rule will neither increase nor 
decrease environmental protection.

List of Subjects in 40 CFR Part 300

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

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

    Dated: September 10, 2014.
Mathy Stanislaus,
Assistant Administrator, Office of Solid Waste and Emergency Response.
[FR Doc. 2014-22423 Filed 9-19-14; 8:45 am]
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