82_FR_36243 82 FR 36095 - National Priorities List

82 FR 36095 - National Priorities List

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 82, Issue 148 (August 3, 2017)

Page Range36095-36100
FR Document2017-16172

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

Federal Register, Volume 82 Issue 148 (Thursday, August 3, 2017)
[Federal Register Volume 82, Number 148 (Thursday, August 3, 2017)]
[Rules and Regulations]
[Pages 36095-36100]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-16172]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-OLEM-2016-0428, 0430, 0432, 0434, 0435, 0436 and 0437; FRL-
9965-31-OLEM]


National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

DATES: The document is effective on September 5, 2017.

ADDRESSES: Contact information for the EPA Headquarters:
     Docket Coordinator, Headquarters; U.S. Environmental 
Protection Agency; CERCLA Docket Office; 1301 Constitution Avenue NW.; 
William Jefferson Clinton Building West, Room 3334, Washington, DC 
20004, 202/566-0276.
    The contact information for the regional dockets is as follows:
     Holly Inglis, Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA, 
Superfund Records and Information Center, 5 Post Office Square, Suite 
100, Boston, MA 02109-3912; 617/918-1413.
     Ildefonso Acosta, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 
Broadway, New York, NY 10007-1866; 212/637-4344.
     Lorie Baker (ASRC), Region 3 (DE, DC, MD, PA, VA, WV), 
U.S. EPA, Library, 1650 Arch Street, Mailcode 3HS12, Philadelphia, PA 
19103; 215/814-3355.
     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.
     Kumud Pyakuryal, Region 7 (IA, KS, MO, NE), U.S. EPA, 
11201 Renner Blvd., Mailcode SUPRSTAR, Lenexa, KS 66219; 913/551-7956.
     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.

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. 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

[[Page 36096]]

imminent or substantial danger to the public health or welfare. CERCLA 
was amended on October 17, 1986, by the Superfund Amendments and 
Reauthorization Act (``SARA''), Public Law 99-499, 100 Stat. 1613 et 
seq.

B. What is the NCP?

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

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

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

D. How are sites listed on the NPL?

    There are three mechanisms for placing sites on the NPL for 
possible remedial action (see 40 CFR 300.425(c) of the NCP): (1) A site 
may be included on the NPL if it scores sufficiently high on the HRS, 
which the EPA promulgated as appendix A of the NCP (40 CFR part 300). 
The HRS serves as a screening tool to evaluate the relative potential 
of uncontrolled hazardous substances, pollutants or contaminants to 
pose a threat to human health or the environment. On December 14, 1990 
(55 FR 51532), the EPA promulgated revisions to the HRS partly in 
response to CERCLA section 105(c), added by SARA. The revised HRS 
evaluates four pathways: Ground water, surface water, soil exposure and 
air. As a matter of agency policy, those sites that score 28.50 or 
greater on the HRS are eligible for the NPL. (2) 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 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,

[[Page 36097]]

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/superfund-remedial-performance-measures#cc_anchor.

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#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 following Web site: 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 Web site at http://semspub.epa.gov/src/document/HQ/174024.

[[Page 36098]]

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.
----------------------------------------------------------------------------------------------------------------
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.
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.
----------------------------------------------------------------------------------------------------------------

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 and a list of documents referenced in the 
documentation record for each site.

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, by appointment only, after the 
publication of this rule. The hours of operation for the headquarters 
docket are from 8:30 a.m. to 4:30 p.m., Monday through Friday, 
excluding federal holidays. Please contact the regional dockets for 
hours. For addresses for the headquarters and regional dockets, see 
Addresses section in the beginning portion of this preamble.

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

    You may obtain a current list of NPL sites via the Internet at 
https://www.epa.gov/superfund/national-priorities-list-npl-sites-site-name or by contacting the Superfund docket (see contact information in 
the beginning portion of this document).

III. Contents of This Final Rule

A. Additions to the NPL

    This final rule adds the following seven sites to the General 
Superfund section of the NPL. These sites are being added to the NPL 
based on HRS score.

                                            General Superfund Section
----------------------------------------------------------------------------------------------------------------
                  State                            Site name                          City/County
----------------------------------------------------------------------------------------------------------------
FL......................................  Post and Lumber Preserving   Quincy.
                                           Co. Inc.
MA......................................  Microfab, Inc. (Former)....  Amesbury.
NE......................................  Old HWY 275 and N 288th      Valley.
                                           Street.
NY......................................  Saint-Gobain Performance     Village of Hoosick Falls.
                                           Plastics.
PR......................................  The Battery Recycling        Bo. Cambalache.
                                           Company.
TN......................................  Former Custom Cleaners.....  Memphis.
TX......................................  Highway 18 Ground Water....  Kermit.
----------------------------------------------------------------------------------------------------------------

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

    One site being added to the NPL in this rule, Saint-Gobain 
Performance Plastics (Village of Hoosick Falls, NY), received comments 
related to HRS scoring. The responses to those comments and the impact 
those comments have on the site score, if any, are contained in a 
support document available in the public docket concurrently with this 
rule.
    Four of the sites received comments requesting the sites be listed 
on the NPL. These sites are Post and Lumber Preserving Co. Inc. 
(Quincy, FL), Old HWY 275 and N 288th Street (Valley, NE), The Battery 
Recycling Company (Bo. Cambalache, PR) and Highway 18 Ground Water 
(Kermit, TX). One commenter's submission to the Old HWY 275 and N 288th 
Street docket stated that all eight sites proposed on September 9, 2016 
(81 FR 62428) should be added to the NPL.
    The docket for the Post and Lumber Preserving Co. Inc. (Quincy, FL) 
site received seven comments. Of these comments, two were intended for 
the Post and Lumber Co. Inc. site and supported listing. One comment 
was intended for the Old HWY 275 and N 288th Street site as discussed 
below. The remaining comments were intended for the Saint-Gobain 
Performance Plastics site and are addressed in the support document for 
that site. One comment that solely supported the listing was included 
in a commenter's submission to the Anaconda Copper Mine docket as well 
as the Post and Lumber Preserving Co. Inc. docket. This comment came 
from a resident who lives near the Post and Lumber Preserving Co. Inc. 
site and is concerned about the magnitude of hazardous material at the 
site. The comment mentions that pollution is continuing to impact 
surrounding wetland areas. This commenter supports listing to allow the 
contamination at the site to be addressed and suggested that the 
removal of the contaminated soil mound should be given the highest 
priority.

[[Page 36099]]

The second comment described several contaminants found at the site 
(arsenic, dioxin and pentachlorophenol) and the health effects of 
exposure to these contaminants. The commenter concluded that the Post 
and Lumber Preserving Co. Inc. site should be added to the NPL to 
address the contamination at the site. In response to these two 
comments, the EPA is listing the site to study the risks and to 
determine what, if any, actions need to be taken to ensure protection 
of human health and the environment.
    The Old HWY 275 and N 288th Street (Valley, NE) site received one 
comment from the Ponca Tribe of Nebraska in support of listing. This 
comment was included in the dockets for Old HWY 275 and N 288th Street 
and Post and Lumber Preserving Co. Inc. The commenter expressed concern 
for contamination at the Old HWY 275 and N 288th Street site and noted 
the potential for vapor intrusion contamination into residential 
basements, stating that all homes on top of or near the ground water 
plume should be tested for vapor intrusion. The Ponca Tribe would like 
to have the site added to the NPL to contain the ground water plume and 
address contamination at the site. In response to this comment, the EPA 
is listing the site on the NPL to study the risks and to determine 
what, if any, remediation is necessary.
    The Battery Recycling Company (Bo. Cambalache, PR) site received 
one comment in support of listing. The commenter discussed lead 
contamination at battery recycling facilities and the resulting human 
health and environmental impacts. The commenter concluded that the site 
should be added to the NPL so that the contamination at the site can be 
addressed. The EPA agrees with the commenter and is listing the site so 
that further study can be done to determine what, if any, remediation 
is necessary. An additional comment that appears to be related to the 
Microfab, Inc. (Former) site was posted in The Battery Recycling 
Company docket and contains the text ``For it! Microfab Inc.''
    The Highway 18 Ground Water (Kermit, TX) site received one comment 
in support of listing and a comment related to the Saint-Gobain 
Performance Plastics site that was posted to multiple site dockets. The 
comment related to the Highway 18 Ground Water site described the site 
background and the health effects of trichloroethene and 
tetrachloroethene, and concluded that the Highway 18 Ground Water site 
should be added to the NPL to address the contamination at the site. 
The EPA agrees with this comment and is listing the site to evaluate 
the risks posed by the site and to determine what, if any, remediation 
is necessary.

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 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

[[Page 36100]]

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.

    Dated: July 27, 2017.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency 
Management.

    40 CFR part 300 is amended as follows:

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

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

    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.

0
2. Table 1 of appendix B to part 300 is amended by adding entries for 
``Post and Lumber Preserving Co. Inc.'', ``Microfab, Inc. (Former)'', 
``Old HWY 275 and N 288th Street'', ``Saint-Gobain Performance 
Plastics'', ``The Battery Recycling Company'', ``Former Custom 
Cleaners'', and ``Highway 18 Ground Water'' 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\
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
FL.................................  Post and Lumber         Quincy................  ...........................
                                      Preserving Co. Inc.
 
                                                  * * * * * * *
MA.................................  Microfab, Inc.          Amesbury..............  ...........................
                                      (Former).
 
                                                  * * * * * * *
NE.................................  Old HWY 275 and N       Valley................  ...........................
                                      288th Street.
 
                                                  * * * * * * *
NY.................................  Saint-Gobain            Village of Hoosick      ...........................
                                      Performance Plastics.   Falls.
 
                                                  * * * * * * *
PR.................................  The Battery Recycling   Bo. Cambalache........  ...........................
                                      Company.
 
                                                  * * * * * * *
TN.................................  Former Custom Cleaners  Memphis...............  ...........................
 
                                                  * * * * * * *
TX.................................  Highway 18 Ground       Kermit................  ...........................
                                      Water.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
\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. 2017-16172 Filed 8-2-17; 8:45 am]
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                                                               Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Rules and Regulations                                           36095

                                               (b) Section 18 emergency exemptions.                  ADDRESSES:   Contact information for the              SUPPLEMENTARY INFORMATION:
                                             [Reserved]                                              EPA Headquarters:
                                                                                                        • Docket Coordinator, Headquarters;                Table of Contents
                                               (c) Tolerances with regional
                                             registrations. [Reserved]                               U.S. Environmental Protection Agency;                 I. Background
                                               (d) Indirect or inadvertent residues.                 CERCLA Docket Office; 1301                               A. What are CERCLA and SARA?
                                             [Reserved]                                              Constitution Avenue NW.; William                         B. What is the NCP?
                                                                                                     Jefferson Clinton Building West, Room                    C. What is the National Priorities List
                                             ■ 3. Add § 180.1344 to subpart D to read
                                                                                                                                                                 (NPL)?
                                             as follows:                                             3334, Washington, DC 20004, 202/566–                     D. How are sites listed on the NPL?
                                                                                                     0276.                                                    E. What happens to sites on the NPL?
                                             § 180.1344 Cyclaniliprole; exemption from                  The contact information for the                       F. Does the NPL define the boundaries of
                                             the requirement of a tolerance.                         regional dockets is as follows:                             sites?
                                                An exemption from the requirement                       • Holly Inglis, Region 1 (CT, ME, MA,                 G. How are sites removed from the NPL?
                                             of a tolerance is established for indirect              NH, RI, VT), U.S. EPA, Superfund                         H. May the EPA delete portions of sites
                                             and inadvertent residues of the                         Records and Information Center, 5 Post                      from the NPL as they are cleaned up?
                                             insecticide cyclaniliprole, including its               Office Square, Suite 100, Boston, MA                     I. What is the Construction Completion List
                                             metabolites and degradates, in or on all                02109–3912; 617/918–1413.                                   (CCL)?
                                             raw agricultural commodities not listed                    • Ildefonso Acosta, Region 2 (NJ, NY,                 J. What is the Sitewide Ready for
                                                                                                                                                                 Anticipated Use measure?
                                             in paragraph (a) of § 180.694, when                     PR, VI), U.S. EPA, 290 Broadway, New                     K. What is state/tribal correspondence
                                             residues are present therein as a result                York, NY 10007–1866; 212/637–4344.                          concerning NPL Listing?
                                             of subsequent uptake by crops rotated                      • Lorie Baker (ASRC), Region 3 (DE,                II. Availability of Information to the Public
                                             into fields where the crops in § 180.694                DC, MD, PA, VA, WV), U.S. EPA,                           A. May I review the documents relevant to
                                             (a) were treated with cyclaniliprole.                   Library, 1650 Arch Street, Mailcode                         this final rule?
                                             [FR Doc. 2017–16375 Filed 8–2–17; 8:45 am]              3HS12, Philadelphia, PA 19103; 215/                      B. What documents are available for review
                                                                                                     814–3355.                                                   at the EPA Headquarters docket?
                                             BILLING CODE 6560–50–P
                                                                                                        • Cathy Amoroso, Region 4 (AL, FL,                    C. What documents are available for review
                                                                                                     GA, KY, MS, NC, SC, TN), U.S. EPA, 61                       at the EPA regional dockets?
                                                                                                     Forsyth Street SW., Mailcode 9T25,                       D. How do I access the documents?
                                             ENVIRONMENTAL PROTECTION                                                                                         E. How may I obtain a current list of NPL
                                             AGENCY                                                  Atlanta, GA 30303; 404/562–8637.                            sites?
                                                                                                        • Todd Quesada, Region 5 (IL, IN, MI,              III. Contents of This Final Rule
                                             40 CFR Part 300                                         MN, OH, WI), U.S. EPA Superfund                          A. Additions to the NPL
                                                                                                     Division Librarian/SFD Records                           B. What did the EPA do with the public
                                             [EPA–HQ–OLEM–2016–0428, 0430, 0432,                     Manager SRC–7J, Metcalfe Federal                            comments it received?
                                             0434, 0435, 0436 and 0437; FRL–9965–31–
                                             OLEM]
                                                                                                     Building, 77 West Jackson Boulevard,                  IV. Statutory and Executive Order Reviews
                                                                                                     Chicago, IL 60604; 312/886–4465.                         A. Executive Order 12866: Regulatory
                                             National Priorities List                                   • Brenda Cook, Region 6 (AR, LA,                         Planning and Review and Executive
                                                                                                     NM, OK, TX), U.S. EPA, 1445 Ross                            Order 13563: Improving Regulation and
                                             AGENCY:  Environmental Protection                       Avenue, Suite 1200, Mailcode 6SFTS,                         Regulatory Review
                                             Agency (EPA).                                                                                                    B. Paperwork Reduction Act (PRA)
                                                                                                     Dallas, TX 75202–2733; 214/665–7436.                     C. Regulatory Flexibility Act (RFA)
                                             ACTION: Final rule.                                        • Kumud Pyakuryal, Region 7 (IA,                      D. Unfunded Mandates Reform Act
                                                                                                     KS, MO, NE), U.S. EPA, 11201 Renner                         (UMRA)
                                             SUMMARY:   The Comprehensive                            Blvd., Mailcode SUPRSTAR, Lenexa, KS                     E. Executive Order 13132: Federalism
                                             Environmental Response,                                 66219; 913/551–7956.                                     F. Executive Order 13175: Consultation
                                             Compensation, and Liability Act of 1980                    • Victor Ketellapper, Region 8 (CO,                      and Coordination With Indian Tribal
                                             (‘‘CERCLA’’ or ‘‘the Act’’), as amended,                MT, ND, SD, UT, WY), U.S. EPA, 1595                         Governments
                                             requires that the National Oil and                      Wynkoop Street, Mailcode 8EPR–B,                         G. Executive Order 13045: Protection of
                                             Hazardous Substances Pollution                          Denver, CO 80202–1129; 303/312–6578.                        Children From Environmental Health
                                             Contingency Plan (‘‘NCP’’) include a list                  • Sharon Murray, Region 9 (AZ, CA,                       and Safety Risks
                                             of national priorities among the known                  HI, NV, AS, GU, MP), U.S. EPA, 75                        H. Executive Order 13211: Actions That
                                             releases or threatened releases of                                                                                  Significantly Affect Energy Supply,
                                                                                                     Hawthorne Street, Mailcode SFD 6–1,                         Distribution, or Use
                                             hazardous substances, pollutants or                     San Francisco, CA 94105; 415/947–                        I. National Technology Transfer and
                                             contaminants throughout the United                      4250.                                                       Advancement Act (NTTAA)
                                             States. The National Priorities List                       • Ken Marcy, Region 10 (AK, ID, OR,                   J. Executive Order 12898: Federal Actions
                                             (‘‘NPL’’) constitutes this list. The NPL is             WA), U.S. EPA, 1200 6th Avenue,                             to Address Environmental Justice in
                                             intended primarily to guide the                         Mailcode ECL–112, Seattle, WA 98101;                        Minority Populations and Low-Income
                                             Environmental Protection Agency (‘‘the                  206/463–1349.                                               Populations
                                             EPA’’ or ‘‘the agency’’) in determining                 FOR FURTHER INFORMATION CONTACT:                         K. Congressional Review Act
                                             which sites warrant further                             Terry Jeng, phone: (703) 603–8852,                    I. Background
                                             investigation. These further                            email: jeng.terry@epa.gov. Site
                                             investigations will allow the EPA to                    Assessment and Remedy Decisions                       A. What are CERCLA and SARA?
                                             assess the nature and extent of public                  Branch, Assessment and Remediation                       In 1980, Congress enacted the
                                             health and environmental risks                          Division, Office of Superfund                         Comprehensive Environmental
                                             associated with the site and to                         Remediation and Technology                            Response, Compensation, and Liability
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                                             determine what CERCLA-financed                          Innovation (Mailcode 5204P), U.S.                     Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or
                                             remedial action(s), if any, may be                      Environmental Protection Agency; 1200                 ‘‘the Act’’), in response to the dangers of
                                             appropriate. This rule adds seven sites                 Pennsylvania Avenue NW., Washington,                  uncontrolled releases or threatened
                                             to the General Superfund section of the                 DC 20460; or the Superfund Hotline,                   releases of hazardous substances, and
                                             NPL.                                                    phone (800) 424–9346 or (703) 412–                    releases or substantial threats of releases
                                             DATES: The document is effective on                     9810 in the Washington, DC,                           into the environment of any pollutant or
                                             September 5, 2017.                                      metropolitan area.                                    contaminant that may present an


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                                             36096             Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Rules and Regulations

                                             imminent or substantial danger to the                   mean that any remedial or removal                       • The EPA determines that the release
                                             public health or welfare. CERCLA was                    action necessarily need be taken.                     poses a significant threat to public
                                             amended on October 17, 1986, by the                        For purposes of listing, the NPL                   health.
                                             Superfund Amendments and                                includes two sections, one of sites that                • The EPA anticipates that it will be
                                             Reauthorization Act (‘‘SARA’’), Public                                                                        more cost-effective to use its remedial
                                                                                                     are generally evaluated and cleaned up
                                             Law 99–499, 100 Stat. 1613 et seq.                                                                            authority than to use its removal
                                                                                                     by the EPA (the ‘‘General Superfund
                                                                                                                                                           authority to respond to the release.
                                             B. What is the NCP?                                     section’’) and one of sites that are                    The EPA promulgated an original NPL
                                               To implement CERCLA, the EPA                          owned or operated by other federal                    of 406 sites on September 8, 1983 (48 FR
                                             promulgated the revised National Oil                    agencies (the ‘‘Federal Facilities                    40658) and generally has updated it at
                                             and Hazardous Substances Pollution                      section’’). With respect to sites in the              least annually.
                                             Contingency Plan (‘‘NCP’’), 40 CFR part                 Federal Facilities section, these sites are
                                                                                                     generally being addressed by other                    E. What happens to sites on the NPL?
                                             300, on July 16, 1982 (47 FR 31180),
                                             pursuant to CERCLA section 105 and                      federal agencies. Under Executive Order                  A site may undergo remedial action
                                             Executive Order 12316 (46 FR 42237,                     12580 (52 FR 2923, January 29, 1987)                  financed by the Trust Fund established
                                             August 20, 1981). The NCP sets                          and CERCLA section 120, each federal                  under CERCLA (commonly referred to
                                             guidelines and procedures for                           agency is responsible for carrying out                as the ‘‘Superfund’’) only after it is
                                             responding to releases and threatened                   most response actions at facilities under             placed on the NPL, as provided in the
                                             releases of hazardous substances, or                    its own jurisdiction, custody or control,             NCP at 40 CFR 300.425(b)(1).
                                             releases or substantial threats of releases             although the EPA is responsible for                   (‘‘Remedial actions’’ are those
                                             into the environment of any pollutant or                preparing a Hazard Ranking System                     ‘‘consistent with a permanent remedy,
                                             contaminant that may present an                         (‘‘HRS’’) score and determining whether               taken instead of or in addition to
                                             imminent or substantial danger to the                   the facility is placed on the NPL.                    removal actions’’ (40 CFR 300.5).
                                             public health or welfare. The EPA has                                                                         However, under 40 CFR 300.425(b)(2),
                                                                                                     D. How are sites listed on the NPL?
                                             revised the NCP on several occasions.                                                                         placing a site on the NPL ‘‘does not
                                             The most recent comprehensive revision                    There are three mechanisms for                      imply that monies will be expended.’’
                                             was on March 8, 1990 (55 FR 8666).                      placing sites on the NPL for possible                 The EPA may pursue other appropriate
                                               As required under section                             remedial action (see 40 CFR 300.425(c)                authorities to respond to the releases,
                                             105(a)(8)(A) of CERCLA, the NCP also                    of the NCP): (1) A site may be included               including enforcement action under
                                             includes ‘‘criteria for determining                     on the NPL if it scores sufficiently high             CERCLA and other laws.
                                             priorities among releases or threatened                 on the HRS, which the EPA
                                             releases throughout the United States                                                                         F. Does the NPL define the boundaries
                                                                                                     promulgated as appendix A of the NCP                  of sites?
                                             for the purpose of taking remedial                      (40 CFR part 300). The HRS serves as a
                                             action and, to the extent practicable,                                                                           The NPL does not describe releases in
                                                                                                     screening tool to evaluate the relative
                                             taking into account the potential                                                                             precise geographical terms; it would be
                                                                                                     potential of uncontrolled hazardous
                                             urgency of such action, for the purpose                                                                       neither feasible nor consistent with the
                                                                                                     substances, pollutants or contaminants
                                             of taking removal action.’’ ‘‘Removal’’                                                                       limited purpose of the NPL (to identify
                                                                                                     to pose a threat to human health or the
                                             actions are defined broadly and include                                                                       releases that are priorities for further
                                                                                                     environment. On December 14, 1990 (55
                                             a wide range of actions taken to study,                                                                       evaluation), for it to do so. Indeed, the
                                                                                                     FR 51532), the EPA promulgated
                                             clean up, prevent or otherwise address                                                                        precise nature and extent of the site are
                                                                                                     revisions to the HRS partly in response
                                             releases and threatened releases of                                                                           typically not known at the time of
                                                                                                     to CERCLA section 105(c), added by
                                             hazardous substances, pollutants or                                                                           listing.
                                                                                                     SARA. The revised HRS evaluates four                     Although a CERCLA ‘‘facility’’ is
                                             contaminants (42 U.S.C. 9601(23)).
                                                                                                     pathways: Ground water, surface water,                broadly defined to include any area
                                             C. What is the National Priorities List                 soil exposure and air. As a matter of                 where a hazardous substance has ‘‘come
                                             (NPL)?                                                  agency policy, those sites that score                 to be located’’ (CERCLA section 101(9)),
                                                The NPL is a list of national priorities             28.50 or greater on the HRS are eligible              the listing process itself is not intended
                                             among the known or threatened releases                  for the NPL. (2) Each state may                       to define or reflect the boundaries of
                                             of hazardous substances, pollutants or                  designate a single site as its top priority           such facilities or releases. Of course,
                                             contaminants throughout the United                      to be listed on the NPL, without any                  HRS data (if the HRS is used to list a
                                             States. The list, which is appendix B of                HRS score. This provision of CERCLA                   site) upon which the NPL placement
                                             the NCP (40 CFR part 300), was required                 requires that, to the extent practicable,             was based will, to some extent, describe
                                             under section 105(a)(8)(B) of CERCLA,                   the NPL include one facility designated               the release(s) at issue. That is, the NPL
                                             as amended. Section 105(a)(8)(B)                        by each state as the greatest danger to               site would include all releases evaluated
                                             defines the NPL as a list of ‘‘releases’’               public health, welfare or the                         as part of that HRS analysis.
                                             and the highest priority ‘‘facilities’’ and             environment among known facilities in                    When a site is listed, the approach
                                             requires that the NPL be revised at least               the state. This mechanism for listing is              generally used to describe the relevant
                                             annually. The NPL is intended                           set out in the NCP at 40 CFR                          release(s) is to delineate a geographical
                                             primarily to guide the EPA in                           300.425(c)(2). (3) The third mechanism                area (usually the area within an
                                             determining which sites warrant further                 for listing, included in the NCP at 40                installation or plant boundaries) and
                                             investigation to assess the nature and                  CFR 300.425(c)(3), allows certain sites               identify the site by reference to that
                                             extent of public health and                             to be listed without any HRS score, if all            area. However, the NPL site is not
pmangrum on DSK3GDR082PROD with RULES




                                             environmental risks associated with a                   of the following conditions are met:                  necessarily coextensive with the
                                             release of hazardous substances,                          • The Agency for Toxic Substances                   boundaries of the installation or plant,
                                             pollutants or contaminants. The NPL is                  and Disease Registry (ATSDR) of the                   and the boundaries of the installation or
                                             of only limited significance, however, as               U.S. Public Health Service has issued a               plant are not necessarily the
                                             it does not assign liability to any party               health advisory that recommends                       ‘‘boundaries’’ of the site. Rather, the site
                                             or to the owner of any specific property.               dissociation of individuals from the                  consists of all contaminated areas
                                             Also, placing a site on the NPL does not                release.                                              within the area used to identify the site,


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                                                               Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Rules and Regulations                                          36097

                                             as well as any other location where that                notice it is a potentially responsible                J. What is the Sitewide Ready for
                                             contamination has come to be located,                   party.                                                Anticipated Use measure?
                                             or from where that contamination came.                    For these reasons, the NPL need not
                                                In other words, while geographic                                                                              The Sitewide Ready for Anticipated
                                                                                                     be amended as further research reveals                Use measure represents important
                                             terms are often used to designate the site              more information about the location of
                                             (e.g., the ‘‘Jones Co. Plant site’’) in terms                                                                 Superfund accomplishments and the
                                                                                                     the contamination or release.
                                             of the property owned by a particular                                                                         measure reflects the high priority the
                                             party, the site, properly understood, is                G. How are sites removed from the NPL?                EPA places on considering anticipated
                                             not limited to that property (e.g., it may                                                                    future land use as part of the remedy
                                             extend beyond the property due to                          The EPA may delete sites from the                  selection process. See Guidance for
                                             contaminant migration), and conversely                  NPL where no further response is                      Implementing the Sitewide Ready-for-
                                             may not occupy the full extent of the                   appropriate under Superfund, as                       Reuse Measure, May 24, 2006, OSWER
                                             property (e.g., where there are                         explained in the NCP at 40 CFR                        9365.0–36. This measure applies to final
                                             uncontaminated parts of the identified                  300.425(e). This section also provides                and deleted sites where construction is
                                             property, they may not be, strictly                     that the EPA shall consult with states on             complete, all cleanup goals have been
                                             speaking, part of the ‘‘site’’). The ‘‘site’’           proposed deletions and shall consider                 achieved, and all institutional or other
                                             is thus neither equal to, nor confined by,              whether any of the following criteria                 controls are in place. The EPA has been
                                             the boundaries of any specific property                 have been met:
                                                                                                                                                           successful on many occasions in
                                             that may give the site its name, and the                   (i) Responsible parties or other                   carrying out remedial actions that
                                             name itself should not be read to imply                 persons have implemented all                          ensure protectiveness of human health
                                             that this site is coextensive with the                  appropriate response actions required;                and the environment for current and
                                             entire area within the property                                                                               future land uses, in a manner that
                                                                                                        (ii) All appropriate Superfund-
                                             boundary of the installation or plant. In                                                                     allows contaminated properties to be
                                                                                                     financed response has been
                                             addition, the site name is merely used
                                                                                                     implemented and no further response                   restored to environmental and economic
                                             to help identify the geographic location
                                                                                                     action is required; or                                vitality. For further information, please
                                             of the contamination, and is not meant
                                             to constitute any determination of                         (iii) The remedial investigation has               go to https://www.epa.gov/superfund/
                                             liability at a site. For example, the name              shown the release poses no significant                about-superfund-cleanup-process#tab-9.
                                             ‘‘Jones Co. plant site,’’ does not imply                threat to public health or the                        K. What is state/tribal correspondence
                                             that the Jones Company is responsible                   environment, and taking of remedial                   concerning NPL listing?
                                             for the contamination located on the                    measures is not appropriate.
                                             plant site.                                                                                                      In order to maintain close
                                                                                                     H. May the EPA delete portions of sites
                                                EPA regulations provide that the                                                                           coordination with states and tribes in
                                                                                                     from the NPL as they are cleaned up?
                                             remedial investigation (‘‘RI’’) ‘‘is a                                                                        the NPL listing decision process, the
                                             process undertaken . . . to determine                     In November 1995, the EPA initiated                 EPA’s policy is to determine the
                                             the nature and extent of the problem                    a policy to delete portions of NPL sites              position of the states and tribes
                                             presented by the release’’ as more                      where cleanup is complete (60 FR                      regarding sites that the EPA is
                                             information is developed on site                        55465, November 1, 1995). Total site                  considering for listing. This
                                             contamination, and which is generally                   cleanup may take many years, while                    consultation process is outlined in two
                                             performed in an interactive fashion with                portions of the site may have been                    memoranda that can be found at the
                                             the feasibility study (‘‘FS’’) (40 CFR                  cleaned up and made available for                     following Web site: https://
                                             300.5). During the RI/FS process, the                   productive use.                                       www.epa.gov/superfund/statetribal-
                                             release may be found to be larger or                                                                          correspondence-concerning-npl-site-
                                             smaller than was originally thought, as                 I. What is the Construction Completion
                                                                                                                                                           listing.
                                             more is learned about the source(s) and                 List (CCL)?
                                             the migration of the contamination.                                                                              The EPA has improved the
                                                                                                       The EPA also has developed an NPL                   transparency of the process by which
                                             However, the HRS inquiry focuses on an
                                                                                                     construction completion list (‘‘CCL’’) to             state and tribal input is solicited. The
                                             evaluation of the threat posed and
                                             therefore the boundaries of the release                 simplify its system of categorizing sites             EPA is using the Web and where
                                             need not be exactly defined. Moreover,                  and to better communicate the                         appropriate more structured state and
                                             it generally is impossible to discover the              successful completion of cleanup                      tribal correspondence that (1) explains
                                             full extent of where the contamination                  activities (58 FR 12142, March 2, 1993).              the concerns at the site and the EPA’s
                                             ‘‘has come to be located’’ before all                   Inclusion of a site on the CCL has no                 rationale for proceeding; (2) requests an
                                             necessary studies and remedial work are                 legal significance.                                   explanation of how the state intends to
                                             completed at a site. Indeed, the known                    Sites qualify for the CCL when: (1)                 address the site if placement on the NPL
                                             boundaries of the contamination can be                  Any necessary physical construction is                is not favored; and (3) emphasizes the
                                             expected to change over time. Thus, in                  complete, whether or not final cleanup                transparent nature of the process by
                                             most cases, it may be impossible to                     levels or other requirements have been                informing states that information on
                                             describe the boundaries of a release                    achieved; (2) the EPA has determined                  their responses will be publicly
                                             with absolute certainty.                                that the response action should be                    available.
                                                Further, as noted previously, NPL                    limited to measures that do not involve
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                                                                                                     construction (e.g., institutional                        A model letter and correspondence
                                             listing does not assign liability to any
                                                                                                     controls); or (3) the site qualifies for              between the EPA and states and tribes
                                             party or to the owner of any specific
                                             property. Thus, if a party does not                     deletion from the NPL. For more                       where applicable, is available on the
                                             believe it is liable for releases on                    information on the CCL, see the EPA’s                 EPA’s Web site at http://
                                             discrete parcels of property, it can                    Internet site at https://www.epa.gov/                 semspub.epa.gov/src/document/HQ/
                                             submit supporting information to the                    superfund/superfund-remedial-                         174024.
                                             agency at any time after it receives                    performance-measures#cc_anchor.


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                                             36098                   Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Rules and Regulations

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

                                                                                                                  DOCKET IDENTIFICATION NUMBERS BY SITE
                                                                               Site name                                                                     City/County, State                                               Docket ID No.

                                             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.
                                             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.



                                             B. What documents are available for                                     calculating or evaluating the HRS score.                                E. How may I obtain a current list of
                                             review at the EPA Headquarters docket?                                  These reference documents are available                                 NPL sites?
                                                                                                                     only in the regional dockets.                                              You may obtain a current list of NPL
                                               The headquarters docket for this rule
                                             contains the HRS score sheets, the                                      D. How do I access the documents?                                       sites via the Internet at https://
                                             documentation record describing the                                                                                                             www.epa.gov/superfund/national-
                                             information used to compute the score                                     You may view the documents, by                                        priorities-list-npl-sites-site-name or by
                                             and a list of documents referenced in                                   appointment only, after the publication                                 contacting the Superfund docket (see
                                             the documentation record for each site.                                 of this rule. The hours of operation for                                contact information in the beginning
                                                                                                                     the headquarters docket are from 8:30                                   portion of this document).
                                             C. What documents are available for                                     a.m. to 4:30 p.m., Monday through
                                             review at the EPA regional dockets?                                                                                                             III. Contents of This Final Rule
                                                                                                                     Friday, excluding federal holidays.
                                               The EPA regional dockets contain all                                  Please contact the regional dockets for                                 A. Additions to the NPL
                                             the information in the headquarters                                     hours. For addresses for the                                              This final rule adds the following
                                             docket, plus the actual reference                                       headquarters and regional dockets, see                                  seven sites to the General Superfund
                                             documents containing the data                                           ADDRESSES section in the beginning                                      section of the NPL. These sites are being
                                             principally relied upon by the EPA in                                   portion of this preamble.                                               added to the NPL based on HRS score.
                                                                                                                            GENERAL SUPERFUND SECTION
                                                               State                                                                               Site name                                                                      City/County

                                             FL .........................................   Post and Lumber Preserving Co. Inc ..............................................................................              Quincy.
                                             MA ........................................    Microfab, Inc. (Former) ....................................................................................................   Amesbury.
                                             NE .........................................   Old HWY 275 and N 288th Street ...................................................................................             Valley.
                                             NY .........................................   Saint-Gobain Performance Plastics .................................................................................            Village of Hoosick Falls.
                                             PR .........................................   The Battery Recycling Company .....................................................................................            Bo. Cambalache.
                                             TN .........................................   Former Custom Cleaners .................................................................................................       Memphis.
                                             TX .........................................   Highway 18 Ground Water ..............................................................................................         Kermit.



                                             B. What did the EPA do with the public                                  (Bo. Cambalache, PR) and Highway 18                                     support document for that site. One
                                             comments it received?                                                   Ground Water (Kermit, TX). One                                          comment that solely supported the
                                               One site being added to the NPL in                                    commenter’s submission to the Old                                       listing was included in a commenter’s
                                             this rule, Saint-Gobain Performance                                     HWY 275 and N 288th Street docket                                       submission to the Anaconda Copper
                                             Plastics (Village of Hoosick Falls, NY),                                stated that all eight sites proposed on                                 Mine docket as well as the Post and
                                             received comments related to HRS                                        September 9, 2016 (81 FR 62428) should                                  Lumber Preserving Co. Inc. docket. This
                                             scoring. The responses to those                                         be added to the NPL.                                                    comment came from a resident who
                                             comments and the impact those                                             The docket for the Post and Lumber                                    lives near the Post and Lumber
                                             comments have on the site score, if any,                                Preserving Co. Inc. (Quincy, FL) site                                   Preserving Co. Inc. site and is concerned
                                             are contained in a support document                                     received seven comments. Of these                                       about the magnitude of hazardous
                                             available in the public docket                                          comments, two were intended for the                                     material at the site. The comment
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                                             concurrently with this rule.                                            Post and Lumber Co. Inc. site and                                       mentions that pollution is continuing to
                                               Four of the sites received comments                                   supported listing. One comment was                                      impact surrounding wetland areas. This
                                             requesting the sites be listed on the                                   intended for the Old HWY 275 and N                                      commenter supports listing to allow the
                                             NPL. These sites are Post and Lumber                                    288th Street site as discussed below.                                   contamination at the site to be
                                             Preserving Co. Inc. (Quincy, FL), Old                                   The remaining comments were intended                                    addressed and suggested that the
                                             HWY 275 and N 288th Street (Valley,                                     for the Saint-Gobain Performance                                        removal of the contaminated soil mound
                                             NE), The Battery Recycling Company                                      Plastics site and are addressed in the                                  should be given the highest priority.


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                                                               Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Rules and Regulations                                       36099

                                             The second comment described several                    agrees with this comment and is listing               E. Executive Order 13132: Federalism
                                             contaminants found at the site (arsenic,                the site to evaluate the risks posed by                 This final rule does not have
                                             dioxin and pentachlorophenol) and the                   the site and to determine what, if any,               federalism implications. It will not have
                                             health effects of exposure to these                     remediation is necessary.                             substantial direct effects on the states,
                                             contaminants. The commenter                                                                                   on the relationship between the national
                                                                                                     IV. Statutory and Executive Order
                                             concluded that the Post and Lumber                                                                            government and the states, or on the
                                             Preserving Co. Inc. site should be added                Reviews
                                                                                                                                                           distribution of power and
                                             to the NPL to address the contamination                   Additional information about these                  responsibilities among the various
                                             at the site. In response to these two                   statutes and Executive Orders can be                  levels of government.
                                             comments, the EPA is listing the site to                found at https://www.epa.gov/laws-
                                             study the risks and to determine what,                  regulations/laws-and-executive-orders.                F. Executive Order 13175: Consultation
                                             if any, actions need to be taken to                                                                           and Coordination With Indian Tribal
                                                                                                     A. Executive Order 12866: Regulatory                  Governments
                                             ensure protection of human health and
                                                                                                     Planning and Review and Executive
                                             the environment.                                                                                                This action does not have tribal
                                                                                                     Order 13563: Improving Regulation and
                                                The Old HWY 275 and N 288th Street                                                                         implications as specified in Executive
                                             (Valley, NE) site received one comment                  Regulatory Review
                                                                                                                                                           Order 13175. Listing a site on the NPL
                                             from the Ponca Tribe of Nebraska in                       This action is not a significant                    does not impose any costs on a tribe or
                                             support of listing. This comment was                    regulatory action and was therefore not               require a tribe to take remedial action.
                                             included in the dockets for Old HWY                     submitted to the Office of Management                 Thus, Executive Order 13175 does not
                                             275 and N 288th Street and Post and                     and Budget (OMB) for review.                          apply to this action.
                                             Lumber Preserving Co. Inc. The                          B. Paperwork Reduction Act (PRA)
                                             commenter expressed concern for                                                                               G. Executive Order 13045: Protection of
                                             contamination at the Old HWY 275 and                      This action does not impose an                      Children From Environmental Health
                                             N 288th Street site and noted the                       information collection burden under the               and Safety Risks
                                             potential for vapor intrusion                           PRA. This rule does not contain any                      The EPA interprets Executive Order
                                             contamination into residential                          information collection requirements that              13045 as applying only to those
                                             basements, stating that all homes on top                require approval of the OMB.                          regulatory actions that concern
                                             of or near the ground water plume                       C. Regulatory Flexibility Act (RFA)                   environmental health or safety risks that
                                             should be tested for vapor intrusion.                                                                         the EPA has reason to believe may
                                             The Ponca Tribe would like to have the                     I certify that this action will not have           disproportionately affect children, per
                                             site added to the NPL to contain the                    a significant economic impact on a                    the definition of ‘‘covered regulatory
                                             ground water plume and address                          substantial number of small entities                  action’’ in section 2–202 of the
                                             contamination at the site. In response to               under the RFA. This action will not                   Executive Order. This action is not
                                             this comment, the EPA is listing the site               impose any requirements on small                      subject to Executive Order 13045
                                             on the NPL to study the risks and to                    entities. This rule listing sites on the              because this action itself is procedural
                                             determine what, if any, remediation is                  NPL does not impose any obligations on                in nature (adds sites to a list) and does
                                             necessary.                                              any group, including small entities. This             not, in and of itself, provide protection
                                                The Battery Recycling Company (Bo.                   rule also does not establish standards or             from environmental health and safety
                                             Cambalache, PR) site received one                       requirements that any small entity must               risks. Separate future regulatory actions
                                             comment in support of listing. The                      meet, and imposes no direct costs on                  are required for mitigation of
                                             commenter discussed lead                                any small entity. Whether an entity,                  environmental health and safety risks.
                                             contamination at battery recycling                      small or otherwise, is liable for response
                                             facilities and the resulting human health               costs for a release of hazardous                      H. Executive Order 13211: Actions That
                                             and environmental impacts. The                          substances depends on whether that                    Significantly Affect Energy Supply,
                                             commenter concluded that the site                       entity is liable under CERCLA 107(a).                 Distribution, or Use
                                             should be added to the NPL so that the                  Any such liability exists regardless of                 This action is not subject to Executive
                                             contamination at the site can be                        whether the site is listed on the NPL                 Order 13211, because it is not a
                                             addressed. The EPA agrees with the                      through this rulemaking.                              significant regulatory action under
                                             commenter and is listing the site so that                                                                     Executive Order 12866.
                                                                                                     D. Unfunded Mandates Reform Act
                                             further study can be done to determine
                                                                                                     (UMRA)                                                I. National Technology Transfer and
                                             what, if any, remediation is necessary.
                                             An additional comment that appears to                      This action does not contain any                   Advancement Act (NTTAA)
                                             be related to the Microfab, Inc. (Former)               unfunded mandate as described in                         This rulemaking does not involve
                                             site was posted in The Battery Recycling                UMRA, 2 U.S.C. 1531–1538, and does                    technical standards.
                                             Company docket and contains the text                    not significantly or uniquely affect small
                                             ‘‘For it! Microfab Inc.’’                               governments. This action imposes no                   J. Executive Order 12898: Federal
                                                The Highway 18 Ground Water                          enforceable duty on any state, local or               Actions To Address Environmental
                                             (Kermit, TX) site received one comment                  tribal governments or the private sector.             Justice in Minority Populations and
                                             in support of listing and a comment                     Listing a site on the NPL does not itself             Low-Income Populations
                                             related to the Saint-Gobain Performance                 impose any costs. Listing does not mean                  The EPA believes the human health or
                                             Plastics site that was posted to multiple               that the EPA necessarily will undertake               environmental risk addressed by this
                                             site dockets. The comment related to the                remedial action. Nor does listing require             action will not have potential
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                                             Highway 18 Ground Water site                            any action by a private party, state, local           disproportionately high and adverse
                                             described the site background and the                   or tribal governments or determine                    human health or environmental effects
                                             health effects of trichloroethene and                   liability for response costs. Costs that              on minority, low-income or indigenous
                                             tetrachloroethene, and concluded that                   arise out of site responses result from               populations because it does not affect
                                             the Highway 18 Ground Water site                        future site-specific decisions regarding              the level of protection provided to
                                             should be added to the NPL to address                   what actions to take, not directly from               human health or the environment. As
                                             the contamination at the site. The EPA                  the act of placing a site on the NPL.                 discussed in Section I.C. of the


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                                             36100                    Federal Register / Vol. 82, No. 148 / Thursday, August 3, 2017 / Rules and Regulations

                                             preamble to this action, the NPL is a list                        provision that may affect this rule is                                  Dated: July 27, 2017.
                                             of national priorities. The NPL is                                CERCLA section 305, which provides                                    Barry N. Breen,
                                             intended primarily to guide the EPA in                            for a legislative veto of regulations                                 Acting Assistant Administrator, Office of
                                             determining which sites warrant further                           promulgated under CERCLA. Although                                    Land and Emergency Management.
                                             investigation to assess the nature and                            INS v. Chadha, 462 U.S. 919,103 S. Ct.                                  40 CFR part 300 is amended as
                                             extent of public health and                                       2764 (1983), and Bd. of Regents of the                                follows:
                                             environmental risks associated with a                             University of Washington v. EPA, 86
                                             release of hazardous substances,                                  F.3d 1214,1222 (D.C. Cir. 1996), cast the                             PART 300—NATIONAL OIL AND
                                             pollutants or contaminants. The NPL is                            validity of the legislative veto into                                 HAZARDOUS SUBSTANCES
                                             of only limited significance as it does                           question, the EPA has transmitted a                                   POLLUTION CONTINGENCY PLAN
                                             not assign liability to any party. Also,                          copy of this regulation to the Secretary
                                             placing a site on the NPL does not mean                           of the Senate and the Clerk of the House                              ■  1. The authority citation for part 300
                                             that any remedial or removal action                                                                                                     is revised to read as follows:
                                                                                                               of Representatives.
                                             necessarily need be taken.
                                                                                                                  If action by Congress under either the                               Authority: 33 U.S.C. 1321(d); 42 U.S.C.
                                             K. Congressional Review Act                                                                                                             9601–9657; E.O. 13626, 77 FR 56749, 3 CFR,
                                                                                                               CRA or CERCLA section 305 calls the
                                                                                                                                                                                     2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
                                               This action is subject to the CRA, and                          effective date of this regulation into                                3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR
                                             the EPA will submit a rule report to                              question, the EPA will publish a                                      2923, 3 CFR, 1987 Comp., p.193.
                                             each House of the Congress and to the                             document of clarification in the Federal                              ■  2. Table 1 of appendix B to part 300
                                             Comptroller General of the United                                 Register.                                                             is amended by adding entries for ‘‘Post
                                             States. This action is not a ‘‘major rule’’
                                                                                                               List of Subjects in 40 CFR Part 300                                   and Lumber Preserving Co. Inc.’’,
                                             as defined by 5 U.S.C. 804(2).
                                                                                                                                                                                     ‘‘Microfab, Inc. (Former)’’, ‘‘Old HWY
                                               Provisions of the Congressional
                                                                                                                 Environmental protection, Air                                       275 and N 288th Street’’, ‘‘Saint-Gobain
                                             Review Act (CRA) or section 305 of
                                                                                                               pollution control, Chemicals, Hazardous                               Performance Plastics’’, ‘‘The Battery
                                             CERCLA may alter the effective date of
                                                                                                               substances, Hazardous waste,                                          Recycling Company’’, ‘‘Former Custom
                                             this regulation. Under 5 U.S.C.
                                                                                                               Intergovernmental relations, Natural                                  Cleaners’’, and ‘‘Highway 18 Ground
                                             801(b)(1), a rule shall not take effect, or
                                                                                                               resources, Oil pollution, Penalties,                                  Water’’ in alphabetical order by state to
                                             continue in effect, if Congress enacts
                                                                                                               Reporting and recordkeeping                                           read as follows:
                                             (and the President signs) a joint
                                             resolution of disapproval, described                              requirements, Superfund, Water                                        Appendix B to Part 300—National
                                             under section 802. Another statutory                              pollution control, Water supply.                                      Priorities List

                                                                                                             TABLE 1—GENERAL SUPERFUND SECTION
                                                    State                                   Site name                                                     City/County                                         Notes a


                                                         *                        *                   *                                  *                                 *                              *              *
                                             FL ...................    Post and Lumber Preserving Co. Inc ..........              Quincy ..........................................................

                                                        *                           *                         *                         *                               *                                 *              *
                                             MA ..................     Microfab, Inc. (Former) ................................   Amesbury .....................................................

                                                        *                        *                   *                                    *                                 *                             *              *
                                             NE ..................     Old HWY 275 and N 288th Street ...............             Valley ...........................................................

                                                        *                          *                   *                                   *                      *                                       *              *
                                             NY ..................     Saint-Gobain Performance Plastics .............            Village of Hoosick Falls ...............................

                                                        *                          *                 *                                   *                         *                                      *              *
                                             PR ..................     The Battery Recycling Company .................            Bo. Cambalache ..........................................

                                                        *                         *                      *                              *                                *                                *              *
                                             TN ..................     Former Custom Cleaners ............................        Memphis .......................................................

                                                         *                        *                     *                                 *                                 *                             *              *
                                             TX ...................    Highway 18 Ground Water ..........................         Kermit ...........................................................

                                                          *                            *                         *                            *                              *                            *              *
                                                 a Basedon 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).
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                                             *       *         *        *       *
                                             [FR Doc. 2017–16172 Filed 8–2–17; 8:45 am]
                                             BILLING CODE 6560–50–P




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Document Created: 2017-08-03 07:24:55
Document Modified: 2017-08-03 07:24:55
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesThe document is effective on September 5, 2017.
ContactTerry 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 Citation82 FR 36095 
CFR AssociatedEnvironmental 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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