81 FR 62428 - National Priorities List
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 81, Issue 175 (September 9, 2016)
Federal Register Volume 81, Issue 175 (September 9, 2016)
| Page Range | 62428-62433 | |
| FR Document | 2016-21626 |
[Federal Register Volume 81, Number 175 (Friday, September 9, 2016)] [Proposed Rules] [Pages 62428-62433] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-21626] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-OLEM-2016-0428, 0430, 0432, 0433, 0434, 0435, 0436 and 0437; FRL-9952-05-OLEM] National Priorities List AGENCY: Environmental Protection Agency (EPA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: The Comprehensive Environmental Response, Compensation, and Liability Act (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow 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 rulemaking proposes to add eight 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 8, 2016. ADDRESSES: Identify the appropriate docket number from the table below. Docket Identification Numbers by Site ---------------------------------------------------------------------------------------------------------------- Site name City/county, state Docket ID number ---------------------------------------------------------------------------------------------------------------- Post and Lumber Preserving Co. Inc..... Quincy, FL............... EPA-HQ-OLEM-2016-0428 Microfab Inc (Former).................. Amesbury, MA............. EPA-HQ-OLEM-2016-0430 Old HWY 275 and N 288th Street......... Valley, NE............... EPA-HQ-OLEM-2016-0432 Anaconda Copper Mine................... Yerington, NV............ EPA-HQ-OLEM-2016-0433 Saint-Gobain Performance Plastics...... Village of Hoosick Falls, EPA-HQ-OLEM-2016-0434 NY. The Battery Recycling Company.......... Bo. Cambalache, PR....... EPA-HQ-OLEM-2016-0435 Former Custom Cleaners................. Memphis, TN.............. EPA-HQ-OLEM-2016-0436 Highway 18 Ground Water................ Kermit, TX............... EPA-HQ-OLEM-2016-0437 ---------------------------------------------------------------------------------------------------------------- Submit your comments, identified by the appropriate docket number, at http://www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. The EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission (i.e. on the web, cloud, or other file sharing system). For additional submission methods, the full EPA public comment policy, information about CBI or multimedia submissions, and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets. To send a comment via the United States Postal Service, use the following address: U.S. Environmental Protection Agency, EPA Superfund Docket Center, Mail Code 28221T, 1200 Pennsylvania Avenue NW., Washington, DC 20460. Use the Docket Center address below if you are using express mail, commercial delivery, hand delivery or courier. Delivery verification signatures will be available only during regular business hours: EPA Superfund Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue NW., Washington, DC 20004. 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: [email protected], 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 EPA Headquarters docket? D. What documents are available for public review at the EPA 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 and Executive Order 13563: Improving Regulation and Regulatory Review [[Page 62429]] 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 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 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 [[Page 62430]] 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 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/superfund-remedial-performance-measures#cc_anchor. 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 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#tab-9. 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 [[Page 62431]] following Web site: https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing. 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 https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing. 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. Cathy Amoroso, Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), U.S. EPA, 61 Forsyth Street, SW., Mailcode 9T25, Atlanta, GA 30303; 404/562-8637. 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. Brian Mitchell, Region 7 (IA, KS, MO, NE), U.S. EPA, 11201 Renner Blvd., Mailcode SUPRERNB, Lenexa, KS 66219; 913/551-7633. Victor Ketellapper, Region 8 (CO, MT, ND, SD, UT, WY), U.S. EPA, 1595 Wynkoop Street, Mailcode 8EPR-B, Denver, CO 80202-1129; 303/312-6578. 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 both 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). Please note that there are differences between the Headquarters docket and the regional dockets and those differences are outlined in this preamble, Sections II.C and D. C. What documents are available for public review at the EPA 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 EPA 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 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. [[Page 62432]] 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 this proposed rule, the EPA is proposing to add eight 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 ---------------------------------------------------------------------------------------------------------------- FL.............................. Post and Lumber Preserving Co. Quincy. Inc. MA.............................. Microfab Inc (Former)........... Amesbury. NE.............................. Old HWY 275 and N 288th Street.. Valley. NV.............................. Anaconda Copper Mine............ Yerington. NY.............................. Saint-Gobain Performance Village of Hoosick Falls. Plastics. PR.............................. The Battery Recycling Company... Bo. Cambalache. TN.............................. Former Custom Cleaners.......... Memphis. TX.............................. Highway 18 Ground Water......... Kermit. ---------------------------------------------------------------------------------------------------------------- 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 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 action 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 [[Page 62433]] 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. 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(d); 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. Dated: September 1, 2016. Mathy Stanislaus, Assistant Administrator, Office of Land and Emergency Management. [FR Doc. 2016-21626 Filed 9-8-16; 8:45 am] BILLING CODE 6560-50-P
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(‘‘CERCLA’’ or ‘‘the Act’’), as amended, associated with the site and to
requires that the National Oil and determine what CERCLA-financed
ENVIRONMENTAL PROTECTION Hazardous Substances Pollution remedial action(s), if any, may be
AGENCY Contingency Plan (‘‘NCP’’) include a list appropriate. This rulemaking proposes
of national priorities among the known to add eight sites to the General
40 CFR Part 300 releases or threatened releases of Superfund section of the NPL.
[EPA–HQ–OLEM–2016–0428, 0430, 0432, hazardous substances, pollutants or
0433, 0434, 0435, 0436 and 0437; FRL–9952– DATES:Comments regarding any of these
contaminants throughout the United
05–OLEM] proposed listings must be submitted
States. The National Priorities List
(postmarked) on or before November 8,
(‘‘NPL’’) constitutes this list. The NPL is
National Priorities List 2016.
intended primarily to guide the
AGENCY: Environmental Protection Environmental Protection Agency ADDRESSES:Identify the appropriate
Agency (EPA). (‘‘EPA’’ or ‘‘the agency’’) in determining docket number from the table below.
DOCKET IDENTIFICATION NUMBERS BY SITE
Site name City/county, state Docket ID number
Post and Lumber Preserving Co. Inc ........................................................... Quincy, FL ......................................... EPA–HQ–OLEM–2016–0428
Microfab Inc (Former) ................................................................................... Amesbury, MA ................................... EPA–HQ–OLEM–2016–0430
Old HWY 275 and N 288th Street ................................................................ Valley, NE ......................................... EPA–HQ–OLEM–2016–0432
Anaconda Copper Mine ................................................................................ Yerington, NV .................................... EPA–HQ–OLEM–2016–0433
Saint-Gobain Performance Plastics .............................................................. Village of Hoosick Falls, NY ............. EPA–HQ–OLEM–2016–0434
The Battery Recycling Company .................................................................. Bo. Cambalache, PR ........................ EPA–HQ–OLEM–2016–0435
Former Custom Cleaners .............................................................................. Memphis, TN ..................................... EPA–HQ–OLEM–2016–0436
Highway 18 Ground Water ........................................................................... Kermit, TX ......................................... EPA–HQ–OLEM–2016–0437
Submit your comments, identified by Use the Docket Center address below C. What is the National Priorities List
the appropriate docket number, at if you are using express mail, (NPL)?
http://www.regulations.gov. Follow the commercial delivery, hand delivery or D. How are sites listed on the NPL?
E. What happens to sites on the NPL?
online instructions for submitting courier. Delivery verification signatures
F. Does the NPL define the boundaries of
comments. Once submitted, comments will be available only during regular sites?
cannot be edited or removed from business hours: G. How are sites removed from the NPL?
Regulations.gov. The EPA may publish EPA Superfund Docket Center, WJC H. May the EPA delete portions of sites
any comment received to its public West Building, Room 3334, 1301 from the NPL as they are cleaned up?
docket. Do not submit electronically any Constitution Avenue NW., I. What is the Construction Completion List
information you consider to be (CCL)?
Washington, DC 20004. J. What is the Sitewide Ready for
Confidential Business Information (CBI)
or other information whose disclosure is For additional docket addresses and Anticipated Use measure?
further details on their contents, see K. What is state/tribal correspondence
restricted by statute. Multimedia
section II, ‘‘Public Review/Public concerning NPL listing?
submissions (audio, video, etc.) must be II. Public Review/Public Comment
accompanied by a written comment. Comment,’’ of the SUPPLEMENTARY
A. May I review the documents relevant to
The written comment is considered the INFORMATION portion of this preamble.
this proposed rule?
official comment and should include FOR FURTHER INFORMATION CONTACT: B. How do I access the documents?
discussion of all points you wish to Terry Jeng, phone: (703) 603–8852, C. What documents are available for public
make. The EPA will generally not email: jeng.terry@epa.gov, Site review at the EPA Headquarters docket?
consider comments or comment Assessment and Remedy Decisions D. What documents are available for public
contents located outside of the primary Branch, Assessment and Remediation review at the EPA regional dockets?
submission (i.e. on the web, cloud, or E. How do I submit my comments?
Division, Office of Superfund
F. What happens to my comments?
other file sharing system). For Remediation and Technology G. What should I consider when preparing
additional submission methods, the full Innovation (Mailcode 5204P), U.S. my comments?
EPA public comment policy, Environmental Protection Agency, 1200 H. May I submit comments after the public
information about CBI or multimedia Pennsylvania Avenue NW., Washington, comment period is over?
submissions, and general guidance on DC 20460; or the Superfund Hotline, I. May I view public comments submitted
making effective comments, please visit phone (800) 424–9346 or (703) 412– by others?
https://www.epa.gov/dockets/ J. May I submit comments regarding sites
ehiers on DSK5VPTVN1PROD with PROPOSALS
9810 in the Washington, DC,
commenting-epa-dockets. To send a metropolitan area. not currently proposed to the NPL?
comment via the United States Postal III. Contents of This Proposed Rule
SUPPLEMENTARY INFORMATION: A. Proposed Additions to the NPL
Service, use the following address:
IV. Statutory and Executive Order Reviews
U.S. Environmental Protection Agency, Table of Contents
A. Executive Order 12866: Regulatory
EPA Superfund Docket Center, Mail I. Background Planning and Review and Executive
Code 28221T, 1200 Pennsylvania A. What are CERCLA and SARA? Order 13563: Improving Regulation and
Avenue NW., Washington, DC 20460. B. What is the NCP? Regulatory Review
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![Federal Register / Vol. 81, No. 175 / Friday, September 9, 2016 / Proposed Rules 62433
Executive Order. This action is not Dated: September 1, 2016. Washington, DC 20554. The full text is
subject to Executive Order 13045 Mathy Stanislaus, also available online at http://
because this action itself is procedural Assistant Administrator, Office of Land and apps.fcc.gov/ecfs/. This document does
in nature (adds sites to a list) and does Emergency Management. not contain proposed information
not, in and of itself, provide protection [FR Doc. 2016–21626 Filed 9–8–16; 8:45 am] collection requirements subject to the
from environmental health and safety BILLING CODE 6560–50–P Paperwork Reduction Act of 1995,
risks. Separate future regulatory actions Public Law 104–13. In addition,
are required for mitigation of therefore, it does not contain any
environmental health and safety risks. FEDERAL COMMUNICATIONS proposed information collection burden
H. Executive Order 13211: Actions That COMMISSION ‘‘for small business concerns with fewer
Significantly Affect Energy Supply, than 25 employees,’’ pursuant to the
47 CFR Part 73 Small Business Paperwork Relief Act of
Distribution, or Use
[DA 16–975; MB Docket No. 16–270; RM– 2002, Public Law 107–198, see 44 U.S.C.
This action is not subject to Executive 11772] 3506(c)(4).
Order 13211, because it is not a Provisions of the Regulatory
significant regulatory action under Radio Broadcasting Services; Pima,
Arizona Flexibility Act of 1980 do not apply to
Executive Order 12866. this proceeding.
I. National Technology Transfer and AGENCY: Federal Communications
Members of the public should note
Advancement Act (NTTAA) Commission.
that from the time a Notice of Proposed
ACTION: Proposed rule.
Rule Making is issued until the matter
This rulemaking does not involve
SUMMARY: This document proposes to is no longer subject to Commission
technical standards.
amend the FM Table of Allotments, by consideration or court review, all ex
J. Executive Order 12898: Federal substituting noncommercial educational parte contacts are prohibited in
Actions To Address Environmental Channel *278A for Channel *296A at Commission proceedings, such as this
Justice in Minority Populations and Pima, Arizona to accommodate the one, which involve channel allotments.
Low-Income Populations hybrid application, requesting See 47 CFR 1.1204(b) for rules
modification of the license for Station governing permissible ex parte contacts.
The EPA believes the human health or KIKO(FM) to specify operation on
environmental risk addressed by this For information regarding proper
Channel 243C2 rather than Channel filing procedures for comments, see 47
action will not have potential 247C2 at Claypool, Arizona. A staff
disproportionately high and adverse CFR 1.415 and 1.420.
engineering analysis indicates that
human health or environmental effects Channel *278A can be allotted to Pima List of Subjects in 47 CFR Part 73
on minority, low-income or indigenous consistent with the minimum distance
populations because it does not affect separation requirements of the Radio, Radio broadcasting.
the level of protection provided to Commission’s rules with a site Federal Communications Commission.
human health or the environment. As restriction 10 kilometers (6.2 miles)
discussed in Section I.C. of the Nazifa Sawez,
southeast of the community. The
preamble to this action, the NPL is a list reference coordinates are 32–49–46 NL Assistant Chief, Audio Division, Media
of national priorities. The NPL is and 109–45–16 WL. Bureau.
intended primarily to guide the EPA in DATES: Comments must be filed on or For the reasons discussed in the
determining which sites warrant further before October 17, 2016, and reply preamble, the Federal Communications
investigation to assess the nature and comments on or before November 1, Commission proposes to amend 47 CFR
extent of public health and 2016. part 73 as follows:
environmental risks associated with a
ADDRESSES: Federal Communications
release of hazardous substances, PART 73—RADIO BROADCAST
Commission, 445 12th Street SW.,
pollutants or contaminants. The NPL is SERVICES
Washington, DC 20554. In addition to
of only limited significance as it does
filing comments with the FCC,
not assign liability to any party. Also,
interested parties should serve the rule ■ 1. The authority citation for part 73
placing a site on the NPL does not mean
making petitioner and the counter continues to read as follows:
that any remedial or removal action proponent as follows: John F. Garziglia,
necessarily need be taken. Authority: 47 U.S.C. 154, 303, 334, 336 and
Esq., Womble Carlyle Sandridge & Rice, 339.
List of Subjects in 40 CFR Part 300 LLP, 1200 19th Street NW., Suite 500,
Washington, DC 20036. § 73.202 [Amended]
Environmental protection, Air FOR FURTHER INFORMATION CONTACT:
pollution control, Chemicals, Hazardous ■ 2. Section 73.202(b), the Table of FM
Nazifa Sawez, Media Bureau, (202) 418–
substances, Hazardous waste, Allotments under Arizona, is amended
2700.
Intergovernmental relations, Natural by removing Channel *296A at Pima;
SUPPLEMENTARY INFORMATION: This is a
resources, Oil pollution, Penalties, and by adding Channel *278A at Pima.
synopsis of the Commission’s Notice of
Reporting and recordkeeping Proposed Rule Making, MB Docket No. [FR Doc. 2016–21764 Filed 9–8–16; 8:45 am]
ehiers on DSK5VPTVN1PROD with PROPOSALS
requirements, Superfund, Water 16–270, adopted August 25, 2016, and BILLING CODE 6712–01–P
pollution control, Water supply. released August 26, 2016. The full text
Authority: 33 U.S.C. 1321(d); 42 U.S.C. of this Commission decision is available
9601–9657; E.O. 13626, 77 FR 56749, 3 CFR, for inspection and copying during
2013 Comp., p. 306; E.O. 12777, 56 FR 54757, normal business hours in the FCC’s
3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR Reference Information Center at Portals
2923, 3 CFR, 1987 Comp., p.193. II, CY–A257, 445 12th Street SW.,
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Document Created: 2018-02-09 13:15:21
Document Modified: 2018-02-09 13:15:21
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Proposed Rules | |
| Action | Proposed rule. | |
| Dates | Comments regarding any of these proposed listings must be submitted (postmarked) on or before November 8, 2016. | |
| Contact | Terry Jeng, phone: (703) 603-8852, email: [email protected], 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. | |
| FR Citation | 81 FR 62428 | |
| CFR Associated | 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 and Water Supply |
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