National Priorities List, 78568-78573 [2022-27348]

Download as PDF 78568 Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Rules and Regulations Parts per million Commodity Loganberry .................................. Milk ............................................. Nut, macademia 1 ....................... Nut, tree, group 14–12 ............... Olive ............................................ Orange 1 ...................................... Peach 1 ....................................... Pear 1 .......................................... Pecan 1 ....................................... Plum 1 ......................................... Raspberry ................................... Sheep, meat ............................... Sheep, meat byproducts ............ Strawberry .................................. Walnut 1 ...................................... 1 This 0.20 0.03 0.25 0.05 0.20 0.25 0.20 0.25 0.20 0.20 0.20 0.03 0.03 0.25 0.2 tolerance expires on June 22, 2023. (b) through(d) [Reserved] [FR Doc. 2022–27715 Filed 12–21–22; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA–HQ–OLEM–2022–0191 and EPA–HQ– OLEM–2022–0680; FRL–10435–01–OLEM] National Priorities List Environmental Protection Agency (EPA). ACTION: Final rule. AGENCY: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (‘‘CERCLA’’ or ‘‘the Act’’), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (‘‘NCP’’) include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (‘‘NPL’’) constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (‘‘the EPA’’ or ‘‘the agency’’) in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds two sites to the General Superfund section of the NPL. lotter on DSK11XQN23PROD with RULES1 SUMMARY: The rule is effective on January 23, 2023. DATES: VerDate Sep<11>2014 16:02 Dec 21, 2022 Jkt 259001 Contact information for the EPA Headquarters: • Docket Coordinator, Headquarters; U.S. Environmental Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue NW; William Jefferson Clinton Building West, Room 3334, Washington, DC 20004, (202) 566– 0276. FOR FURTHER INFORMATION CONTACT: Terry Jeng, Site Assessment and Remedy Decisions Branch, Assessment and Remediation Division, Office of Superfund Remediation and Technology Innovation (Mail code 5204T), U.S. Environmental Protection Agency; 1301 Constitution Avenue NW, Washington, DC 20460, telephone number: (202) 566–1048, email address: jeng.terry@ epa.gov. 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. • James Desir, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 Broadway, New York, NY 10007–1866; (212) 637–4342. • Lorie Baker, Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, 4 Penn Center, 1600 John F. Kennedy Boulevard, Mailcode 3SD12, Philadelphia, PA 19103; (215) 814–3355. • Sandra Bramble, Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61 Forsyth Street, SW, Mailcode 9T25, Atlanta, GA 30303; (404) 562–8926. • 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. • Michelle Delgado-Brown, Region 6 (AR, LA, NM, OK, TX), U.S. EPA, 1201 Elm Street, Suite 500, Mailcode SED, Dallas, TX 75270; (214) 665–3154. • Kumud Pyakuryal, Region 7 (IA, KS, MO, NE), U.S. EPA, 11201 Renner Blvd., Mailcode SUPRSTAR, Lenexa, KS 66219; (913) 551–7956. • David Fronczak, Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop Street, Mailcode 8SEM–EM– P, Denver, CO 80202–1129; (303) 312– 6096. • Eugenia Chow, Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S. EPA, 75 Hawthorne Street, Mailcode SFD 6–1, San Francisco, CA 94105; (415) 972– 3160. • Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 288 Martin Street, Suite 309, Blaine, WA 98230; (360) 366–8868. SUPPLEMENTARY INFORMATION: ADDRESSES: TABLE 1 TO PARAGRAPH (a)— Continued PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 Table of Contents I. Background A. What are CERCLA and SARA? B. What is the NCP? C. What is the National Priorities List (NPL)? D. How are sites listed on the NPL? E. What happens to sites on the NPL? F. Does the NPL define the boundaries of sites? G. How are sites removed from the NPL? H. May the EPA delete portions of sites from the NPL as they are cleaned up? I. What is the Construction Completion List (CCL)? J. What is the Sitewide Ready for Anticipated Use measure? K. What is state/tribal correspondence concerning NPL Listing? II. Availability of Information to the Public A. May I review the documents relevant to this final rule? B. What documents are available for review at the EPA Headquarters docket? C. What documents are available for review at the EPA regional dockets? D. How do I access the documents? E. How may I obtain a current list of NPL sites? III. Contents of This Final Rule A. Additions to the NPL B. What did the EPA do with the public comments it received? IV. Statutory and Executive Order Reviews A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) D. Unfunded Mandates Reform Act (UMRA) E. Executive Order 13132: Federalism F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use I. National Technology Transfer and Advancement Act (NTTAA) J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations K. Congressional Review Act 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 E:\FR\FM\22DER1.SGM 22DER1 Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Rules and Regulations amended on October 17, 1986, by the Superfund Amendments and Reauthorization Act (‘‘SARA’’), Public Law 99–499, 100 Stat. 1613 et seq. lotter on DSK11XQN23PROD with RULES1 B. What is the NCP? To implement CERCLA, the EPA promulgated the revised National Oil and Hazardous Substances Pollution Contingency Plan (‘‘NCP’’), 40 CFR part 300, on July 16, 1982 (47 FR 31180), pursuant to CERCLA section 105 and Executive Order 12316 (46 FR 42237, August 20, 1981). The NCP sets guidelines and procedures for responding to releases and threatened releases of hazardous substances, or releases or substantial threats of releases into the environment of any pollutant or contaminant that may present an imminent or substantial danger to the public health or welfare. The EPA has revised the NCP on several occasions. The most recent comprehensive revision was on March 8, 1990 (55 FR 8666). As required under section 105(a)(8)(A) of CERCLA, the NCP also includes ‘‘criteria for determining priorities among releases or threatened releases throughout the United States for the purpose of taking remedial action and, to the extent practicable, taking into account the potential urgency of such action, for the purpose of taking removal action.’’ ‘‘Removal’’ actions are defined broadly and include a wide range of actions taken to study, clean up, prevent or otherwise address releases and threatened releases of hazardous substances, pollutants or contaminants (42 U.S.C. 9601(23)). C. What is the National Priorities List (NPL)? The NPL is a list of national priorities among the known or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The list, which is appendix B of the NCP (40 CFR part 300), was required under section 105(a)(8)(B) of CERCLA, as amended. Section 105(a)(8)(B) defines the NPL as a list of ‘‘releases’’ and the highest priority ‘‘facilities’’ and requires that the NPL be revised at least annually. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation to assess the nature and extent of public health and environmental risks associated with a release of hazardous substances, pollutants or contaminants. The NPL is of only limited significance, however, as it does not assign liability to any party or to the owner of any specific property. Also, placing a site on the NPL does not mean that any remedial or removal action necessarily need be taken. VerDate Sep<11>2014 16:02 Dec 21, 2022 Jkt 259001 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. On January 9, 2017 (82 FR 2760), a subsurface intrusion component was added to the HRS to enable the EPA to consider human exposure to hazardous substances or pollutants and contaminants that enter regularly occupied structures through subsurface intrusion when evaluating sites for the NPL. The current HRS evaluates four pathways: ground water, surface water, soil exposure and subsurface intrusion, 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) 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 PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 78569 U.S. Public Health Service has issued a health advisory that recommends dissociation of individuals from the release. • The EPA determines that the release poses a significant threat to public health. • The EPA anticipates that it will be more cost-effective to use its remedial authority than to use its removal authority to respond to the release. The EPA promulgated an original NPL of 406 sites on September 8, 1983 (48 FR 40658) and generally has updated it at least annually. E. What happens to sites on the NPL? A site may undergo remedial action financed by the Trust Fund established under CERCLA (commonly referred to as the ‘‘Superfund’’) only after it is placed on the NPL, as provided in the NCP at 40 CFR 300.425(b)(1). (‘‘Remedial actions’’ are those ‘‘consistent with a permanent remedy, taken instead of or in addition to removal actions’’ (40 CFR 300.5).) 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 E:\FR\FM\22DER1.SGM 22DER1 lotter on DSK11XQN23PROD with RULES1 78570 Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Rules and Regulations plant are not necessarily the ‘‘boundaries’’ of the site. Rather, the site consists of all contaminated areas within the area used to identify the site, as well as any other location where that contamination has come to be located, or from where that contamination came. In other words, while geographic terms are often used to designate the site (e.g., the ‘‘Jones Co. Plant site’’) in terms of the property owned by a particular party, the site, properly understood, is not limited to that property (e.g., it may extend beyond the property due to contaminant migration), and conversely may not occupy the full extent of the property (e.g., where there are uncontaminated parts of the identified property, they may not be, strictly speaking, part of the ‘‘site’’). The ‘‘site’’ is thus neither equal to, nor confined by, the boundaries of any specific property that may give the site its name, and the name itself should not be read to imply that this site is coextensive with the entire area within the property boundary of the installation or plant. In addition, the site name is merely used to help identify the geographic location of the contamination; and is not meant to constitute any determination of liability at a site. For example, the name ‘‘Jones Co. plant site,’’ does not imply that the Jones Company is responsible for the contamination located on the plant site. EPA regulations provide that the remedial investigation (‘‘RI’’) ‘‘is a process undertaken . . . to determine the nature and extent of the problem presented by the release’’ as more information is developed on site contamination, and which is generally performed in an interactive fashion with the feasibility study (‘‘FS’’) (40 CFR 300.5). During the RI/FS process, the release may be found to be larger or smaller than was originally thought, as more is learned about the source(s) and the migration of the contamination. However, the HRS inquiry focuses on an evaluation of the threat posed and therefore the boundaries of the release need not be exactly defined. Moreover, it generally is impossible to discover the full extent of where the contamination ‘‘has come to be located’’ before all necessary studies and remedial work are completed at a site. Indeed, the known boundaries of the contamination can be expected to change over time. Thus, in most cases, it may be impossible to describe the boundaries of a release with absolute certainty. Further, as noted previously, 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 VerDate Sep<11>2014 16:02 Dec 21, 2022 Jkt 259001 discrete parcels of property, it can submit supporting information to the agency at any time after it receives notice it is a potentially responsible party. For these reasons, the NPL need not be amended as further research reveals more information about the location of the contamination or release. G. How are sites removed from the NPL? The EPA may delete sites from the NPL where no further response is appropriate under Superfund, as explained in the NCP at 40 CFR 300.425(e). This section also provides that the EPA shall consult with states on proposed deletions and shall consider whether any of the following criteria have been met: (i) Responsible parties or other persons have implemented all appropriate response actions required; (ii) All appropriate Superfundfinanced response has been implemented and no further response action is required; or (iii) The remedial investigation has shown the release poses no significant threat to public health or the environment and taking of remedial measures is not appropriate. H. May the EPA delete portions of sites from the NPL as they are cleaned up? In November 1995, the EPA initiated a policy to delete portions of NPL sites where cleanup is complete (60 FR 55465, November 1, 1995). Total site cleanup may take many years, while portions of the site may have been cleaned up and made available for productive use. 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 more information on the CCL, see the EPA’s internet site at https://www.epa.gov/ superfund/construction-completionsnational-priorities-list-npl-sites-number. PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 J. What is the Sitewide Ready for Anticipated Use measure? The Sitewide Ready for Anticipated Use measure represents important Superfund accomplishments, and the measure reflects the high priority the EPA places on considering anticipated future land use as part of the remedy selection process. See Guidance for Implementing the Sitewide Ready-forReuse Measure, May 24, 2006, OSWER 9365.0–36. This measure applies to final and deleted sites where construction is complete, all cleanup goals have been achieved, and all institutional or other controls are in place. The EPA has been successful on many occasions in carrying out remedial actions that ensure protectiveness of human health and the environment for current and future land uses, in a manner that allows contaminated properties to be restored to environmental and economic vitality. For further information, please go to https://www.epa.gov/superfund/ about-superfund-cleanupprocess#reuse. 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 website: https://www.epa.gov/ superfund/statetribal-correspondenceconcerning-npl-site-listing. The EPA has improved 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 between the EPA and states and tribes where applicable, is available on the EPA’s website at https://www.epa.gov/ superfund/statetribal-correspondenceconcerning-npl-site-listing. E:\FR\FM\22DER1.SGM 22DER1 Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Rules and Regulations II. Availability of Information to the Public A. May I review the documents relevant to this final rule? Yes, documents relating to the evaluation and scoring of the sites in this final rule are contained in dockets located both at the EPA headquarters and in the EPA regional offices. An electronic version of the public docket is available through https:// www.regulations.gov (see table below for docket identification numbers). 78571 Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facilities identified in section II.D. DOCKET IDENTIFICATION NUMBERS BY SITE Site name City/county, state Hercules Inc ................................................................. PCE—Carriage Cleaners ............................................. Hattiesburg, MS .......................................................... Bellevue, NE ............................................................... B. What documents are available for review at the EPA headquarters docket? The headquarters docket for this rule contains the HRS score sheets, the documentation record describing the information used to compute the score, a list of documents referenced in the documentation record for each site and any other information used to support the NPL listing of the site. These documents are also available online at https://www.regulations.gov. C. What documents are available for review at the EPA regional dockets? The EPA regional dockets contain all the information in the headquarters docket, plus the actual reference Docket ID No. EPA–HQ–OLEM–2022–0191 EPA–HQ–OLEM–2022–0680 documents containing the data principally relied upon by the EPA in calculating or evaluating the HRS score. These reference documents are available only in the regional dockets. ADDRESSES section in the beginning portion of this preamble. D. How do I access the documents? You may obtain a current list of NPL sites via the internet at https:// www.epa.gov/superfund/nationalpriorities-list-npl-sites-site-name. You may view the documents that support this rule online at https:// www.regulations.gov or by contacting the EPA HQ docket or appropriate regional docket. 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 individual regional dockets for hours. For addresses for the headquarters and regional dockets, see E. How may I obtain a current list of NPL sites? III. Contents of This Final Rule A. Additions to the NPL This final rule adds the following two sites to the NPL, all to the General Superfund section. Both of these sites are being added to the NPL based on an HRS score of 28.50 or above. lotter on DSK11XQN23PROD with RULES1 GENERAL SUPERFUND SECTION State Site name MS ................................. NE ................................. Hercules Inc ...................................................................................................................................... PCE—Carriage Cleaners .................................................................................................................. B. What did the EPA do with the public comments it received? The EPA reviewed all comments received on the sites in this rule and responded to all relevant comments. The EPA is adding two sites to the NPL in this final rule. The Hercules Inc site in Hattiesburg, MS, was proposed for addition to the NPL on March 18, 2022 (87 FR 15349). The PCE—Carriage Cleaners site was proposed for addition to the NPL on September 9, 2022 (87 FR 55342). Comments on the Hercules Inc site have been addressed in a response to comment support document available in the public docket concurrently with this rule. To view public comments on this site, as well as EPA’s response, please refer to the support document available at https://www.regulations.gov. The EPA received no comments in the docket for the PCE—Carriage Cleaners site. The EPA received three comments in the East Basin Road Groundwater docket that expressed support for sites VerDate Sep<11>2014 16:02 Dec 21, 2022 Jkt 259001 City/county in the September 9, 2022 proposed rule, including the PCE—Carriage Cleaners site. Hattiesburg. Bellevue. B. Paperwork Reduction Act (PRA) C. Regulatory Flexibility Act (RFA) I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. This rule listing sites on the NPL does not impose any obligations on any group, including small entities. This rule also does not establish standards or requirements that any small entity must meet and imposes no direct costs on any small entity. Whether an entity, small or otherwise, is liable for response costs for a release of hazardous substances depends on whether that entity is liable under CERCLA 107(a). Any such liability exists regardless of whether the site is listed on the NPL through this rulemaking. This action does not impose an information collection burden under the PRA. This rule does not contain any information collection requirements that require approval of the OMB. D. Unfunded Mandates Reform Act (UMRA) This action does not contain any unfunded mandate as described in UMRA, 2 U.S.C. 1531–1538, and does IV. Statutory and Executive Order Reviews Additional information about these statutes and Executive Orders can be found at https://www.epa.gov/lawsregulations/laws-and-executive-orders. A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to the Office of Management and Budget (OMB) for review. PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 78572 Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Rules and Regulations not significantly or uniquely affect small governments. This action imposes no enforceable duty on any state, local or tribal governments or the private sector. Listing a site on the NPL does not itself impose any costs. Listing does not mean that the EPA necessarily will undertake remedial action. Nor does listing require any action by a private party, state, local or tribal governments or determine liability for response costs. Costs that arise out of site responses result from future site-specific decisions regarding what actions to take, not directly from the act of placing a site on the NPL. E. Executive Order 13132: Federalism This final rule does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government. F. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications as specified in Executive Order 13175. Listing a site on the NPL does not impose any costs on a tribe or require a tribe to take remedial action. Thus, Executive Order 13175 does not apply to this action. G. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of ‘‘covered regulatory action’’ in section 2–202 of the Executive Order. This action is not subject to Executive Order 13045 because this action itself is procedural in nature (adds sites to a list) and does not, in and of itself, provide protection from environmental health and safety risks. Separate future regulatory actions are required for mitigation of environmental health and safety risks. H. Executive Order 13211: Actions That Significantly Affect Energy Supply, Distribution, or Use This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866. I. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations because it does not affect the level of protection provided to human health or the environment. As discussed in section I.C. of the preamble to this action, the NPL is a list of national priorities. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation to assess the nature and extent of public health and environmental risks associated with a release of hazardous substances, pollutants or contaminants. The NPL is of only limited significance as it does not assign liability to any party. Also, placing a site on the NPL does not mean that any remedial or removal action necessarily need be taken. K. Congressional Review Act This action is subject to the CRA, and the EPA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). Provisions of the Congressional Review Act (CRA) or section 305 of CERCLA may alter the effective date of this regulation. Under 5 U.S.C. 801(b)(1), a rule shall not take effect, or continue in effect, if Congress enacts (and the President signs) a joint resolution of disapproval, described under section 802. Another statutory provision that may affect this rule is CERCLA section 305, which provides for a legislative veto of regulations promulgated under CERCLA. Although INS v. Chadha, 462 U.S. 919,103 S. Ct. 2764 (1983), and Bd. of Regents of the University of Washington v. EPA, 86 F.3d 1214,1222 (D.C. Cir. 1996), cast the validity of the legislative veto into question, the EPA has transmitted a copy of this regulation to the Secretary of the Senate and the Clerk of the House of Representatives. If action by Congress under either the CRA or CERCLA section 305 calls the effective date of this regulation into question, the EPA will publish a document of clarification in the Federal Register. List of Subjects in 40 CFR Part 300 Environmental protection, Air pollution control, Chemicals, Hazardous substances, Hazardous waste, Intergovernmental relations, Natural resources, Oil pollution, Penalties, Reporting and recordkeeping requirements, Superfund, Water pollution control, Water supply. Barry N. Breen, Acting Assistant Administrator, Office of Land and Emergency Management. For the reasons set out in the preamble, title 40, chapter I, part 300, of the Code of Federal Regulations is amended as follows: PART 300—NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION CONTINGENCY PLAN 1. The authority citation for part 300 continues to read as follows: ■ Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 1987 Comp., p. 193. 2. Amend table 1 of appendix B to part 300 by adding entries for ‘‘MS, Hercules Inc’’ and ‘‘NE, PCE—Carriage Cleaners’’ in alphabetical order by state to read as follows: ■ Appendix B to Part 300—National Priorities List TABLE 1—GENERAL SUPERFUND SECTION lotter on DSK11XQN23PROD with RULES1 State Site name City/County Notes (a) * MS .................... * * * * * Hercules Inc ................................................................ Hattiesburg .................................................................. * * NE .................... * * * * * PCE—Carriage Cleaners ............................................ Bellevue ...................................................................... * VerDate Sep<11>2014 19:29 Dec 21, 2022 Jkt 259001 PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 E:\FR\FM\22DER1.SGM 22DER1 78573 Federal Register / Vol. 87, No. 245 / Thursday, December 22, 2022 / Rules and Regulations TABLE 1—GENERAL SUPERFUND SECTION—Continued State Site name * * City/County * * * Notes (a) * * aA = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater than or equal to 28.50). * * * * 3.45 GHz Clearinghouse Order, including all Appendices, is available for public inspection at the following internet address: https://docs.fcc.gov/ public/attachments/DA-22-1188A1.pdf. Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by sending an email to FCC504@fcc.gov or calling the Consumer and Governmental Affairs Bureau at 202–418–0530 (voice) or 202–418–0432 (TTY). * [FR Doc. 2022–27348 Filed 12–21–22; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 1, 2 and 27 [WT Docket No. 19–348; DA 22–1188; FR ID 116794] Facilitating Shared Use in the 3100– 3550 MHz Band Federal Communications Commission. ACTION: Final action. AGENCY: In this document, the Wireless Telecommunication Bureau (Bureau) selects the four entities that will represent the interest of the new entrants to the 3.45–3.55 GHz band in selecting the Reimbursement Clearinghouse. The four entities selected are NBCUniversal, Nexstar Broadcasting (Nexstar), CTIA-The Wireless Association (CTIA), and the Competitive Carriers Association (CCA). In addition, the Bureau adopts certain requirements regarding the Clearinghouse search committee process and the operation of the Clearinghouse. These requirements support the prevention of waste, fraud, and abuse in the handling of reimbursement funds and will protect confidential information. SUMMARY: This final agency action is effective January 23, 2023. ADDRESSES: Federal Communications Commission, 45 L Street NE, Washington, DC 20554. FOR FURTHER INFORMATION CONTACT: Morgan Mendenhall, Wireless Telecommunications Bureau, Mobility Division, (202) 418–0154 or morgan.mendenhall@fcc.gov. For information regarding the Paperwork Reduction Act information collection requirements, contact Cathy Williams, Office of Managing Director, at 202– 418–2918 or cathy.williams@fcc.gov. SUPPLEMENTARY INFORMATION: This summary of the 3.45 GHz Clearinghouse Order in WT Docket No. 19–348, DA 22–1188, adopted and released November 10, 2022. The full text of the lotter on DSK11XQN23PROD with RULES1 DATES: VerDate Sep<11>2014 19:30 Dec 21, 2022 Jkt 259001 Final Regulatory Flexibility Analysis The Regulatory Flexibility Act of 1980, as amended (RFA), requires that an agency prepare a regulatory flexibility analysis for notice and comment rulemakings, unless the agency certifies that ‘‘the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities.’’ 5 U.S.C. 605(b). Accordingly, the Commission has prepared a Final Regulatory Flexibility Analysis (FRFA) concerning the possible impact of the rule changes contained in the 3.45 GHz Band Second Report and Order (R&O) (86 FR 17920, April 7, 2021) on small entities. As required by the RFA, an Initial Regulatory Flexibility Analysis (IRFA) was incorporated in the Further Notice of Proposed Rulemaking (FNPRM) released in October 2020 in this proceeding (85 FR 66888, October 21, 2020). The Commission sought written public comment on the proposals in the FNPRM, including comments on the IRFA. No comments were filed addressing the IRFA. This FRFA conforms to the RFA. The Commission will send a copy of the 3.45 GHz Clearinghouse Order, including the FRFA, to the Chief Counsel for Advocacy of the Small Business Administration. Paperwork Reduction Act This document contains new or modified information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. In addition, it contains new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 Congressional Review Act The Commission will send a copy of the 3.45 GHz Clearinghouse Order (Order) to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). Synopsis I. Introduction With this final action, the Wireless Telecommunications Bureau (Bureau) identifies four entities that will form a search committee to select a Reimbursement Clearinghouse (Clearinghouse) to oversee the reimbursement of relocation expenses for certain secondary, non-Federal radiolocation licensees in the 3.45–3.55 GHz band (3.45 GHz band). These entities are NBCUniversal, Nexstar Broadcasting (Nexstar), CTIA, and the Competitive Carriers Association (CCA). In addition, the Bureau adopts certain requirements regarding the Clearinghouse search committee process and the operation of the Clearinghouse. These requirements support the prevention of waste, fraud, and abuse in the handling of reimbursement funds and will protect confidential information. II. Background In the 3.45 GHz Band Second R&O, the Commission adopted rules to make 100 megahertz of mid-band spectrum available for flexible use throughout the contiguous United States. To facilitate this goal, the Commission previously had determined that secondary, nonFederal radiolocation licensees in the band would be relocated to the 2.9–3.0 GHz band. In the 3.45 GHz Band Second R&O, the Commission further determined that secondary, non-Federal radiolocation authorizations would sunset 180 days after new 3.45 GHz Service licenses are granted in the band. Because these licenses were granted on May 4, 2022, the non-Federal radiolocation authorizations sunset on October 31, 2022. In addition, the Commission in the 3.45 GHz Band Second R&O required ‘‘new flexible-use licensees in the 3.45 GHz Service to reimburse secondary, non-federal radiolocation licensees for reasonable costs related to the relocation of those E:\FR\FM\22DER1.SGM 22DER1

Agencies

[Federal Register Volume 87, Number 245 (Thursday, December 22, 2022)]
[Rules and Regulations]
[Pages 78568-78573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-27348]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-OLEM-2022-0191 and EPA-HQ-OLEM-2022-0680; FRL-10435-01-OLEM]


National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

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

DATES: The rule is effective on January 23, 2023.

ADDRESSES: Contact information for the EPA Headquarters:
     Docket Coordinator, Headquarters; U.S. Environmental 
Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue NW; 
William Jefferson Clinton Building West, Room 3334, Washington, DC 
20004, (202) 566-0276.

FOR FURTHER INFORMATION CONTACT: Terry Jeng, Site Assessment and Remedy 
Decisions Branch, Assessment and Remediation Division, Office of 
Superfund Remediation and Technology Innovation (Mail code 5204T), U.S. 
Environmental Protection Agency; 1301 Constitution Avenue NW, 
Washington, DC 20460, telephone number: (202) 566-1048, email address: 
[email protected].
    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.
     James Desir, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 
Broadway, New York, NY 10007-1866; (212) 637-4342.
     Lorie Baker, Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA, 
4 Penn Center, 1600 John F. Kennedy Boulevard, Mailcode 3SD12, 
Philadelphia, PA 19103; (215) 814-3355.
     Sandra Bramble, Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), 
U.S. EPA, 61 Forsyth Street, SW, Mailcode 9T25, Atlanta, GA 30303; 
(404) 562-8926.
     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.
     Michelle Delgado-Brown, Region 6 (AR, LA, NM, OK, TX), 
U.S. EPA, 1201 Elm Street, Suite 500, Mailcode SED, Dallas, TX 75270; 
(214) 665-3154.
     Kumud Pyakuryal, Region 7 (IA, KS, MO, NE), U.S. EPA, 
11201 Renner Blvd., Mailcode SUPRSTAR, Lenexa, KS 66219; (913) 551-
7956.
     David Fronczak, Region 8 (CO, MT, ND, SD, UT, WY), U.S. 
EPA, 1595 Wynkoop Street, Mailcode 8SEM-EM-P, Denver, CO 80202-1129; 
(303) 312-6096.
     Eugenia Chow, Region 9 (AZ, CA, HI, NV, AS, GU, MP), U.S. 
EPA, 75 Hawthorne Street, Mailcode SFD 6-1, San Francisco, CA 94105; 
(415) 972-3160.
     Ken Marcy, Region 10 (AK, ID, OR, WA), U.S. EPA, 288 
Martin Street, Suite 309, Blaine, WA 98230; (360) 366-8868.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Background
    A. What are CERCLA and SARA?
    B. What is the NCP?
    C. What is the National Priorities List (NPL)?
    D. How are sites listed on the NPL?
    E. What happens to sites on the NPL?
    F. Does the NPL define the boundaries of sites?
    G. How are sites removed from the NPL?
    H. May the EPA delete portions of sites from the NPL as they are 
cleaned up?
    I. What is the Construction Completion List (CCL)?
    J. What is the Sitewide Ready for Anticipated Use measure?
    K. What is state/tribal correspondence concerning NPL Listing?
II. Availability of Information to the Public
    A. May I review the documents relevant to this final rule?
    B. What documents are available for review at the EPA 
Headquarters docket?
    C. What documents are available for review at the EPA regional 
dockets?
    D. How do I access the documents?
    E. How may I obtain a current list of NPL sites?
III. Contents of This Final Rule
    A. Additions to the NPL
    B. What did the EPA do with the public comments it received?
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Paperwork Reduction Act (PRA)
    C. Regulatory Flexibility Act (RFA)
    D. Unfunded Mandates Reform Act (UMRA)
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health and Safety Risks
    H. Executive Order 13211: Actions That Significantly Affect 
Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA)
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations
    K. Congressional Review Act

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

[[Page 78569]]

amended on October 17, 1986, by the Superfund Amendments and 
Reauthorization Act (``SARA''), Public Law 99-499, 100 Stat. 1613 et 
seq.

B. What is the NCP?

    To implement CERCLA, the EPA promulgated the revised National Oil 
and Hazardous Substances Pollution Contingency Plan (``NCP''), 40 CFR 
part 300, on July 16, 1982 (47 FR 31180), pursuant to CERCLA section 
105 and Executive Order 12316 (46 FR 42237, August 20, 1981). The NCP 
sets guidelines and procedures for responding to releases and 
threatened releases of hazardous substances, or releases or substantial 
threats of releases into the environment of any pollutant or 
contaminant that may present an imminent or substantial danger to the 
public health or welfare. The EPA has revised the NCP on several 
occasions. The most recent comprehensive revision was on March 8, 1990 
(55 FR 8666).
    As required under section 105(a)(8)(A) of CERCLA, the NCP also 
includes ``criteria for determining priorities among releases or 
threatened releases throughout the United States for the purpose of 
taking remedial action and, to the extent practicable, taking into 
account the potential urgency of such action, for the purpose of taking 
removal action.'' ``Removal'' actions are defined broadly and include a 
wide range of actions taken to study, clean up, prevent or otherwise 
address releases and threatened releases of hazardous substances, 
pollutants or contaminants (42 U.S.C. 9601(23)).

C. What is the National Priorities List (NPL)?

    The NPL is a list of national priorities among the known or 
threatened releases of hazardous substances, pollutants or contaminants 
throughout the United States. The list, which is appendix B of the NCP 
(40 CFR part 300), was required under section 105(a)(8)(B) of CERCLA, 
as amended. Section 105(a)(8)(B) defines the NPL as a list of 
``releases'' and the highest priority ``facilities'' and requires that 
the NPL be revised at least annually. The NPL is intended primarily to 
guide the EPA in determining which sites warrant further investigation 
to assess the nature and extent of public health and environmental 
risks associated with a release of hazardous substances, pollutants or 
contaminants. The NPL is of only limited significance, however, as it 
does not assign liability to any party or to the owner of any specific 
property. Also, placing a site on the NPL does not mean that any 
remedial or removal action necessarily need be taken.
    For purposes of listing, the NPL includes two sections, one of 
sites that are generally evaluated and cleaned up by the EPA (the 
``General Superfund section'') and one of sites that are owned or 
operated by other Federal agencies (the ``Federal Facilities 
section''). With respect to sites in the Federal Facilities section, 
these sites are generally being addressed by other federal agencies. 
Under Executive Order 12580 (52 FR 2923, January 29, 1987) and CERCLA 
section 120, each Federal agency is responsible for carrying out most 
response actions at facilities under its own jurisdiction, custody or 
control, although the EPA is responsible for preparing a Hazard Ranking 
System (``HRS'') score and determining whether the facility is placed 
on the NPL.

D. How are sites listed on the NPL?

    There are three mechanisms for placing sites on the NPL for 
possible remedial action (see 40 CFR 300.425(c) of the NCP): (1) A site 
may be included on the NPL if it scores sufficiently high on the HRS, 
which the EPA promulgated as appendix A of the NCP (40 CFR part 300). 
The HRS serves as a screening tool to evaluate the relative potential 
of uncontrolled hazardous substances, pollutants or contaminants to 
pose a threat to human health or the environment. On December 14, 1990 
(55 FR 51532), the EPA promulgated revisions to the HRS partly in 
response to CERCLA section 105(c), added by SARA. On January 9, 2017 
(82 FR 2760), a subsurface intrusion component was added to the HRS to 
enable the EPA to consider human exposure to hazardous substances or 
pollutants and contaminants that enter regularly occupied structures 
through subsurface intrusion when evaluating sites for the NPL. The 
current HRS evaluates four pathways: ground water, surface water, soil 
exposure and subsurface intrusion, 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) Each state may designate a single site as its top 
priority to be listed on the NPL, without any HRS score. This provision 
of CERCLA requires that, to the extent practicable, the NPL include one 
facility designated by each state as the greatest danger to public 
health, welfare or the environment among known facilities in the state. 
This mechanism for listing is set out in the NCP at 40 CFR 
300.425(c)(2). (3) The third mechanism for listing, included in the NCP 
at 40 CFR 300.425(c)(3), allows certain sites to be listed without any 
HRS score, if all of the following conditions are met:
     The Agency for Toxic Substances and Disease Registry 
(ATSDR) of the U.S. Public Health Service has issued a health advisory 
that recommends dissociation of individuals from the release.
     The EPA determines that the release poses a significant 
threat to public health.
     The EPA anticipates that it will be more cost-effective to 
use its remedial authority than to use its removal authority to respond 
to the release.
    The EPA promulgated an original NPL of 406 sites on September 8, 
1983 (48 FR 40658) and generally has updated it at least annually.

E. What happens to sites on the NPL?

    A site may undergo remedial action financed by the Trust Fund 
established under CERCLA (commonly referred to as the ``Superfund'') 
only after it is placed on the NPL, as provided in the NCP at 40 CFR 
300.425(b)(1). (``Remedial actions'' are those ``consistent with a 
permanent remedy, taken instead of or in addition to removal actions'' 
(40 CFR 300.5).) 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

[[Page 78570]]

plant are not necessarily the ``boundaries'' of the site. Rather, the 
site consists of all contaminated areas within the area used to 
identify the site, as well as any other location where that 
contamination has come to be located, or from where that contamination 
came.
    In other words, while geographic terms are often used to designate 
the site (e.g., the ``Jones Co. Plant site'') in terms of the property 
owned by a particular party, the site, properly understood, is not 
limited to that property (e.g., it may extend beyond the property due 
to contaminant migration), and conversely may not occupy the full 
extent of the property (e.g., where there are uncontaminated parts of 
the identified property, they may not be, strictly speaking, part of 
the ``site''). The ``site'' is thus neither equal to, nor confined by, 
the boundaries of any specific property that may give the site its 
name, and the name itself should not be read to imply that this site is 
coextensive with the entire area within the property boundary of the 
installation or plant. In addition, the site name is merely used to 
help identify the geographic location of the contamination; and is not 
meant to constitute any determination of liability at a site. For 
example, the name ``Jones Co. plant site,'' does not imply that the 
Jones Company is responsible for the contamination located on the plant 
site.
    EPA regulations provide that the remedial investigation (``RI'') 
``is a process undertaken . . . to determine the nature and extent of 
the problem presented by the release'' as more information is developed 
on site contamination, and which is generally performed in an 
interactive fashion with the feasibility study (``FS'') (40 CFR 300.5). 
During the RI/FS process, the release may be found to be larger or 
smaller than was originally thought, as more is learned about the 
source(s) and the migration of the contamination. However, the HRS 
inquiry focuses on an evaluation of the threat posed and therefore the 
boundaries of the release need not be exactly defined. Moreover, it 
generally is impossible to discover the full extent of where the 
contamination ``has come to be located'' before all necessary studies 
and remedial work are completed at a site. Indeed, the known boundaries 
of the contamination can be expected to change over time. Thus, in most 
cases, it may be impossible to describe the boundaries of a release 
with absolute certainty.
    Further, as noted previously, 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 more information on the CCL, see the 
EPA's internet site at https://www.epa.gov/superfund/construction-completions-national-priorities-list-npl-sites-number.

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

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

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 website: https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing.
    The EPA has improved 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 between the EPA and states and 
tribes where applicable, is available on the EPA's website at https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing.

[[Page 78571]]

II. Availability of Information to the Public

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

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

                                      Docket Identification Numbers by Site
----------------------------------------------------------------------------------------------------------------
              Site name                   City/county, state                      Docket ID No.
----------------------------------------------------------------------------------------------------------------
Hercules Inc.........................  Hattiesburg, MS........  EPA-HQ-OLEM-2022-0191
PCE--Carriage Cleaners...............  Bellevue, NE...........  EPA-HQ-OLEM-2022-0680
----------------------------------------------------------------------------------------------------------------

B. What documents are available for review at the EPA headquarters 
docket?

    The headquarters docket for this rule contains the HRS score 
sheets, the documentation record describing the information used to 
compute the score, a list of documents referenced in the documentation 
record for each site and any other information used to support the NPL 
listing of the site. These documents are also available online at 
https://www.regulations.gov.

C. What documents are available for review at the EPA regional dockets?

    The EPA regional dockets contain all the information in the 
headquarters docket, plus the actual reference documents containing the 
data principally relied upon by the EPA in calculating or evaluating 
the HRS score. These reference documents are available only in the 
regional dockets.

D. How do I access the documents?

    You may view the documents that support this rule online at https://www.regulations.gov or by contacting the EPA HQ docket or appropriate 
regional docket. 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 individual regional dockets for hours. For 
addresses for the headquarters and regional dockets, see ADDRESSES 
section in the beginning portion of this preamble.

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

    You may obtain a current list of NPL sites via the internet at 
https://www.epa.gov/superfund/national-priorities-list-npl-sites-site-name.

III. Contents of This Final Rule

A. Additions to the NPL

    This final rule adds the following two sites to the NPL, all to the 
General Superfund section. Both of these sites are being added to the 
NPL based on an HRS score of 28.50 or above.

                                            General Superfund Section
----------------------------------------------------------------------------------------------------------------
                  State                                Site name                         City/county
----------------------------------------------------------------------------------------------------------------
MS.......................................  Hercules Inc....................  Hattiesburg.
NE.......................................  PCE--Carriage Cleaners..........  Bellevue.
----------------------------------------------------------------------------------------------------------------

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

    The EPA reviewed all comments received on the sites in this rule 
and responded to all relevant comments. The EPA is adding two sites to 
the NPL in this final rule. The Hercules Inc site in Hattiesburg, MS, 
was proposed for addition to the NPL on March 18, 2022 (87 FR 15349). 
The PCE--Carriage Cleaners site was proposed for addition to the NPL on 
September 9, 2022 (87 FR 55342).
    Comments on the Hercules Inc site have been addressed in a response 
to comment support document available in the public docket concurrently 
with this rule. To view public comments on this site, as well as EPA's 
response, please refer to the support document available at https://www.regulations.gov.
    The EPA received no comments in the docket for the PCE--Carriage 
Cleaners site. The EPA received three comments in the East Basin Road 
Groundwater docket that expressed support for sites in the September 9, 
2022 proposed rule, including the PCE--Carriage Cleaners site.

IV. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Paperwork Reduction Act (PRA)

    This action does not impose an information collection burden under 
the PRA. This rule does not contain any information collection 
requirements that require approval of the OMB.

C. Regulatory Flexibility Act (RFA)

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

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does

[[Page 78572]]

not significantly or uniquely affect small governments. This action 
imposes no enforceable duty on any state, local or tribal governments 
or the private sector. Listing a site on the NPL does not itself impose 
any costs. Listing does not mean that the EPA necessarily will 
undertake remedial action. Nor does listing require any action by a 
private party, state, local or tribal governments or determine 
liability for response costs. Costs that arise out of site responses 
result from future site-specific decisions regarding what actions to 
take, not directly from the act of placing a site on the NPL.

E. Executive Order 13132: Federalism

    This final rule does not have federalism implications. It will not 
have substantial direct effects on the states, on the relationship 
between the national government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

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

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

    The EPA interprets Executive Order 13045 as applying only to those 
regulatory actions that concern environmental health or safety risks 
that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of the Executive Order. This action is not subject to 
Executive Order 13045 because this action itself is procedural in 
nature (adds sites to a list) and does not, in and of itself, provide 
protection from environmental health and safety risks. Separate future 
regulatory actions are required for mitigation of environmental health 
and safety risks.

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

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards.

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

    The EPA believes the human health or environmental risk addressed 
by this action will not have potential disproportionately high and 
adverse human health or environmental effects on minority, low-income 
or indigenous populations because it does not affect the level of 
protection provided to human health or the environment. As discussed in 
section I.C. of the preamble to this action, the NPL is a list of 
national priorities. The NPL is intended primarily to guide the EPA in 
determining which sites warrant further investigation to assess the 
nature and extent of public health and environmental risks associated 
with a release of hazardous substances, pollutants or contaminants. The 
NPL is of only limited significance as it does not assign liability to 
any party. Also, placing a site on the NPL does not mean that any 
remedial or removal action necessarily need be taken.

K. Congressional Review Act

    This action is subject to the CRA, and the EPA will submit a rule 
report to each House of the Congress and to the Comptroller General of 
the United States. This action is not a ``major rule'' as defined by 5 
U.S.C. 804(2).
    Provisions of the Congressional Review Act (CRA) or section 305 of 
CERCLA may alter the effective date of this regulation. Under 5 U.S.C. 
801(b)(1), a rule shall not take effect, or continue in effect, if 
Congress enacts (and the President signs) a joint resolution of 
disapproval, described under section 802. Another statutory provision 
that may affect this rule is CERCLA section 305, which provides for a 
legislative veto of regulations promulgated under CERCLA. Although INS 
v. Chadha, 462 U.S. 919,103 S. Ct. 2764 (1983), and Bd. of Regents of 
the University of Washington v. EPA, 86 F.3d 1214,1222 (D.C. Cir. 
1996), cast the validity of the legislative veto into question, the EPA 
has transmitted a copy of this regulation to the Secretary of the 
Senate and the Clerk of the House of Representatives.
    If action by Congress under either the CRA or CERCLA section 305 
calls the effective date of this regulation into question, the EPA will 
publish a document of clarification in the Federal Register.

List of Subjects in 40 CFR Part 300

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

Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency 
Management.
    For the reasons set out in the preamble, title 40, chapter I, part 
300, of the Code of Federal Regulations is amended as follows:

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

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

    Authority:  33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O. 
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR 
54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR, 
1987 Comp., p. 193.


0
2. Amend table 1 of appendix B to part 300 by adding entries for ``MS, 
Hercules Inc'' and ``NE, PCE--Carriage Cleaners'' in alphabetical order 
by state to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 1--General Superfund Section
----------------------------------------------------------------------------------------------------------------
             State                      Site name                 City/County                 Notes (a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
MS............................  Hercules Inc.............  Hattiesburg.............  ...........................
 
                                                  * * * * * * *
NE............................  PCE--Carriage Cleaners...  Bellevue................  ...........................
 

[[Page 78573]]

 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\a\ A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS
  score need not be greater than or equal to 28.50).

* * * * *
[FR Doc. 2022-27348 Filed 12-21-22; 8:45 am]
BILLING CODE 6560-50-P


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