83 FR 22859 - National Priorities List
ENVIRONMENTAL PROTECTION AGENCY Federal Register Volume 83, Issue 96 (May 17, 2018)
Federal Register Volume 83, Issue 96 (May 17, 2018)
| Page Range | 22859-22865 | |
| FR Document | 2018-10464 |
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)] [Rules and Regulations] [Pages 22859-22865] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-10464] ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 300 [EPA-HQ-OLEM-2017-0604, 0606, 0607, 0609, 0611 and 0612; FRL-9978-14- OLEM] National Priorities List AGENCY: Environmental Protection Agency (EPA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (``CERCLA'' or ``the Act''), as amended, requires that the National Oil and Hazardous Substances Pollution Contingency Plan (``NCP'') include a list of national priorities among the known releases or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The National Priorities List (``NPL'') constitutes this list. The NPL is intended primarily to guide the Environmental Protection Agency (``the EPA'' or ``the agency'') in determining which sites warrant further investigation. These further investigations will allow the EPA to assess the nature and extent of public health and environmental risks associated with the site and to determine what CERCLA-financed remedial action(s), if any, may be appropriate. This rule adds six sites to the General Superfund section of the NPL. DATES: The document is effective on June 18, 2018. 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? [[Page 22860]] 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. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs C. Paperwork Reduction Act (PRA) D. Regulatory Flexibility Act (RFA) E. Unfunded Mandates Reform Act (UMRA) F. Executive Order 13132: Federalism G. Executive Order 13175: Consultation and Coordination with Indian Tribal Governments H. Executive Order 13045: Protection of Children from Environmental Health and Safety Risks I. Executive Order 13211: Actions that Significantly Affect Energy Supply, Distribution, or Use J. National Technology Transfer and Advancement Act (NTTAA) K. Executive Order 12898: Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations L. Congressional Review Act I. Background A. What are CERCLA and SARA? In 1980, Congress enacted the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. 9601-9675 (``CERCLA'' or ``the Act''), in response to the dangers of uncontrolled releases or threatened releases of hazardous substances, and releases or substantial threats of releases into the environment of any pollutant or contaminant that may present an imminent or substantial danger to the public health or welfare. CERCLA was amended on October 17, 1986, by the Superfund Amendments and Reauthorization Act (``SARA''), Public Law 99-499, 100 Stat. 1613 et seq. B. What is the NCP? To implement CERCLA, the EPA promulgated the revised National Oil and Hazardous Substances Pollution Contingency Plan (``NCP''), 40 CFR part 300, on July 16, 1982 (47 FR 31180), pursuant to CERCLA section 105 and Executive Order 12316 (46 FR 42237, August 20, 1981). The NCP sets guidelines and procedures for responding to releases and threatened releases of hazardous substances, or releases or substantial threats of releases into the environment of any pollutant or contaminant that may present an imminent or substantial danger to the public health or welfare. The EPA has revised the NCP on several occasions. The most recent comprehensive revision was on March 8, 1990 (55 FR 8666). As required under section 105(a)(8)(A) of CERCLA, the NCP also includes ``criteria for determining priorities among releases or threatened releases throughout the United States for the purpose of taking remedial action and, to the extent practicable, taking into account the potential urgency of such action, for the purpose of taking removal action.'' ``Removal'' actions are defined broadly and include a wide range of actions taken to study, clean up, prevent or otherwise address releases and threatened releases of hazardous substances, pollutants or contaminants (42 U.S.C. 9601(23)). C. What is the National Priorities List (NPL)? The NPL is a list of national priorities among the known or threatened releases of hazardous substances, pollutants or contaminants throughout the United States. The list, which is appendix B of the NCP (40 CFR part 300), was required under section 105(a)(8)(B) of CERCLA, as amended. Section 105(a)(8)(B) defines the NPL as a list of ``releases'' and the highest priority ``facilities'' and requires that the NPL be revised at least annually. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation to assess the nature and extent of public health and environmental risks associated with a release of hazardous substances, pollutants or contaminants. The NPL is of only limited significance, however, as it does not assign liability to any party or to the owner of any specific property. Also, placing a site on the NPL does not mean that any remedial or removal action necessarily need be taken. For purposes of listing, the NPL includes two sections, one of sites that are generally evaluated and cleaned up by the EPA (the ``General Superfund section'') and one of sites that are owned or operated by other federal agencies (the ``Federal Facilities section''). With respect to sites in the Federal Facilities section, these sites are generally being addressed by other federal agencies. Under Executive Order 12580 (52 FR 2923, January 29, 1987) and CERCLA section 120, each federal agency is responsible for carrying out most response actions at facilities under its own jurisdiction, custody or control, although the EPA is responsible for preparing a Hazard Ranking System (``HRS'') score and determining whether the facility is placed on the NPL. D. How are sites listed on the NPL? There are three mechanisms for placing sites on the NPL for possible remedial action (see 40 CFR 300.425(c) of the NCP): (1) A site may be included on the NPL if it scores sufficiently high on the HRS, which the EPA promulgated as appendix A of the NCP (40 CFR part 300). The HRS serves as a screening tool to evaluate the relative potential of uncontrolled hazardous substances, pollutants or contaminants to pose a threat to human health or the environment. On December 14, 1990 (55 FR 51532), the EPA promulgated revisions to the HRS partly in response to CERCLA section 105(c), added by SARA. On January 9, 2017 (82 FR 2760), a subsurface intrusion component was added to the HRS to enable the EPA to consider human exposure to hazardous substances or pollutants and contaminants that enter regularly occupied structures through subsurface intrusion when evaluating sites for the NPL. The current HRS evaluates four pathways: Ground water, surface water, soil exposure and subsurface intrusion, and air. As a matter of agency policy, those sites that score 28.50 or greater on the HRS are eligible for the NPL. (2) Each state may designate a single site as its top priority to be listed on the NPL, without any HRS score. This provision of CERCLA requires that, to the extent practicable, the NPL include one facility designated by each state as the greatest danger to public health, welfare or the environment among known facilities in the state. This mechanism for listing is set out in the NCP at 40 CFR 300.425(c)(2). (3) The third mechanism for listing, included in the NCP at 40 CFR 300.425(c)(3), allows certain sites to be listed without any HRS score, if all of the following conditions are met: The Agency for Toxic Substances and Disease Registry (ATSDR) of the U.S. Public Health Service has issued a health advisory that recommends dissociation of individuals from the release. The EPA determines that the release poses a significant threat to public health. The EPA anticipates that it will be more cost-effective to use its remedial authority than to use its removal authority to respond to the release. The EPA promulgated an original NPL of 406 sites on September 8, 1983 (48 FR 40658) and generally has updated it at least annually. E. What happens to sites on the NPL? A site may undergo remedial action financed by the Trust Fund established under CERCLA (commonly referred to [[Page 22861]] 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, as well as any other location where that contamination has come to be located, or from where that contamination came. In other words, while geographic terms are often used to designate the site (e.g., the ``Jones Co. Plant site'') in terms of the property owned by a particular party, the site, properly understood, is not limited to that property (e.g., it may extend beyond the property due to contaminant migration), and conversely may not occupy the full extent of the property (e.g., where there are uncontaminated parts of the identified property, they may not be, strictly speaking, part of the ``site''). The ``site'' is thus neither equal to, nor confined by, the boundaries of any specific property that may give the site its name, and the name itself should not be read to imply that this site is coextensive with the entire area within the property boundary of the installation or plant. In addition, the site name is merely used to help identify the geographic location of the contamination, and is not meant to constitute any determination of liability at a site. For example, the name ``Jones Co. plant site,'' does not imply that the Jones Company is responsible for the contamination located on the plant site. EPA regulations provide that the remedial investigation (``RI'') ``is a process undertaken . . . to determine the nature and extent of the problem presented by the release'' as more information is developed on site contamination, and which is generally performed in an interactive fashion with the feasibility study (``FS'') (40 CFR 300.5). During the RI/FS process, the release may be found to be larger or smaller than was originally thought, as more is learned about the source(s) and the migration of the contamination. However, the HRS inquiry focuses on an evaluation of the threat posed and therefore the boundaries of the release need not be exactly defined. Moreover, it generally is impossible to discover the full extent of where the contamination ``has come to be located'' before all necessary studies and remedial work are completed at a site. Indeed, the known boundaries of the contamination can be expected to change over time. Thus, in most cases, it may be impossible to describe the boundaries of a release with absolute certainty. Further, as noted previously, NPL listing does not assign liability to any party or to the owner of any specific property. Thus, if a party does not believe it is liable for releases on discrete parcels of property, it can submit supporting information to the agency at any time after it receives notice it is a potentially responsible party. For these reasons, the NPL need not be amended as further research reveals more information about the location of the contamination or release. G. How are sites removed from the NPL? The EPA may delete sites from the NPL where no further response is appropriate under Superfund, as explained in the NCP at 40 CFR 300.425(e). This section also provides that the EPA shall consult with states on proposed deletions and shall consider whether any of the following criteria have been met: (i) Responsible parties or other persons have implemented all appropriate response actions required; (ii) All appropriate Superfund-financed response has been implemented and no further response action is required; or (iii) The remedial investigation has shown the release poses no significant threat to public health or the environment, and taking of remedial measures is not appropriate. H. May the EPA delete portions of sites from the NPL as they are cleaned up? In November 1995, the EPA initiated a policy to delete portions of NPL sites where cleanup is complete (60 FR 55465, November 1, 1995). Total site cleanup may take many years, while portions of the site may have been cleaned up and made available for productive use. I. What is the Construction Completion List (CCL)? The EPA also has developed an NPL construction completion list (``CCL'') to simplify its system of categorizing sites and to better communicate the successful completion of cleanup activities (58 FR 12142, March 2, 1993). Inclusion of a site on the CCL has no legal significance. Sites qualify for the CCL when: (1) Any necessary physical construction is complete, whether or not final cleanup levels or other requirements have been achieved; (2) the EPA has determined that the response action should be limited to measures that do not involve construction (e.g., institutional controls); or (3) the site qualifies for deletion from the NPL. For more information on the CCL, see the EPA's internet site at https://www.epa.gov/superfund/construction-completions-national-priorities-list-npl-sites-number. J. What is the Sitewide Ready for Anticipated Use measure? The Sitewide Ready for Anticipated Use measure represents important Superfund accomplishments and the measure reflects the high priority the EPA places on considering anticipated future land use as part of the remedy selection process. See Guidance for Implementing the Sitewide Ready-for-Reuse Measure, May 24, 2006, OSWER 9365.0-36. This measure applies to final and deleted sites where construction is complete, all cleanup goals have been achieved, and all institutional or other controls are in place. The EPA has been successful on many occasions in carrying out remedial actions that ensure protectiveness of human health and the environment for current and [[Page 22862]] 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 website: https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing. The EPA has improved the transparency of the process by which state and tribal input is solicited. The EPA is using the Web and where appropriate more structured state and tribal correspondence that (1) explains the concerns at the site and the EPA's rationale for proceeding; (2) requests an explanation of how the state intends to address the site if placement on the NPL is not favored; and (3) emphasizes the transparent nature of the process by informing states that information on their responses will be publicly available. A model letter and correspondence between the EPA and states and tribes where applicable, is available on the EPA's website at http://semspub.epa.gov/src/document/HQ/174024. 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. ---------------------------------------------------------------------------------------------------------------- Hockessin Groundwater................. Hockessin, DE........................... EPA-HQ-OLEM-2017-0604. Franklin Street Groundwater Spencer, IN............................. EPA-HQ-OLEM-2017-0606. Contamination. Spring Park Municipal Well Field...... Spring Park, MN......................... EPA-HQ-OLEM-2017-0607. Burlington Industries Cheraw.......... Cheraw, SC.............................. EPA-HQ-OLEM-2017-0609. Lane Plating Works, Inc............... Dallas, TX.............................. EPA-HQ-OLEM-2017-0611. River City Metal Finishing............ San Antonio, TX......................... EPA-HQ-OLEM-2017-0612. ---------------------------------------------------------------------------------------------------------------- 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 six 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 ------------------------------------------------------------------------ DE............................ Hockessin Groundwater. Hockessin. IN............................ Franklin Street Spencer. Groundwater Contamination. MN............................ Spring Park Municipal Spring Park. Well Field. SC............................ Burlington Industries Cheraw. Cheraw. TX............................ Lane Plating Works, Dallas. Inc. TX............................ River City Metal San Antonio. Finishing. ------------------------------------------------------------------------ B. What did the EPA do with the public comments it received? The EPA reviewed all comments received on the sites in this rule and responded to all relevant comments. The EPA is adding six sites to the NPL in this final rule. All six sites were proposed for NPL addition on January 18, 2018 (83 FR 2576). The sites are: Hockessin Groundwater in Hockessin, DE; Franklin Street Groundwater Contamination in Spencer, IN; Spring Park Municipal Well Field in Spring Park, MN; Burlington Industries Cheraw in Cheraw, SC; Lane Plating Works, Inc. in Dallas, TX; and, River City Metal Finishing in San Antonio, TX. [[Page 22863]] Comments on the Franklin Street Groundwater Contamination site are being addressed in a response to comment support document available in the public docket concurrently with this rule. For the Hockessin Groundwater site, the EPA received several comments supporting NPL listing, several comments unrelated to NPL listing and two anonymous comments questioning site investigation and interim mitigation measures, timing of cleanup actions and potential remedies. In response, EPA is adding the site to the NPL as the best way to ensure that cleanup proceeds in a timely manner. NPL listing makes a site eligible for remedial action funding under CERCLA. The site will be further investigated during the remedial investigation/ feasibility study (RI/FS) phase of the Superfund process to determine what response, if any, is appropriate to ensure protection of public health and the environment. The EPA received no comments on the Spring Park Muncipal Well Field site. The EPA received one comment from a community member regarding the Burlington Industries Cheraw site. The commenter expressed their opposition to NPL listing based on concerns that listing may negatively affect their property value. Economic factors such as those raised by the commenter are generally not considered in the assessment of whether a site belongs on the NPL. The EPA notes that there are both costs and benefits that can be associated with listing a site. Among the benefits are increased health and environmental protection as a result of increased public awareness of potential hazards. In addition to the potential for federally financed remedial actions, the addition of a site to the NPL could accelerate privately financed, voluntary cleanup efforts. Listing sites as national priority targets also may give states increased support for funding responses at particular sites. As a result of the additional CERCLA remedies, there will be lower human exposure to high-risk chemicals, and higher quality surface water, ground water, soil, and air. Therefore, it is possible that any perceived or actual negative fluctuations in property values or development opportunities that may result from contamination may also be countered by positive fluctuations when a CERCLA investigation and any necessary cleanup are completed. For the Lane Plating Works, Inc. site, the EPA received only one comment related to NPL listing. The comment, submitted by the city of Dallas' Office of Environmental Quality, supports NPL listing in order to facilitate federal funding for full and complete remediation. The EPA received two comments supporting the NPL listing of the River City Metal Finishing site, one from a community member and one from a student. 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. Executive Order 13771: Reducing Regulation and Controlling Regulatory Costs This action is not an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. C. 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. D. 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. E. 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. F. 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. G. 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. H. 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. I. 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. J. National Technology Transfer and Advancement Act (NTTAA) This rulemaking does not involve technical standards. [[Page 22864]] K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes the human health or environmental risk addressed by this action will not have potential disproportionately high and adverse human health or environmental effects on minority, low-income or indigenous populations because it does not affect the level of protection provided to human health or the environment. As discussed in Section I.C. of the preamble to this action, the NPL is a list of national priorities. The NPL is intended primarily to guide the EPA in determining which sites warrant further investigation to assess the nature and extent of public health and environmental risks associated with a release of hazardous substances, pollutants or contaminants. The NPL is of only limited significance as it does not assign liability to any party. Also, placing a site on the NPL does not mean that any remedial or removal action necessarily need be taken. L. 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: May 9, 2018. 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 continues to read as follows: Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 77 FR 56749, 3CFR, 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 ``Hockessin Groundwater'', ``Franklin Street Groundwater Contamination'', ``Spring Park Municipal Well Field'', ``Burlington Industries Cheraw'', ``Lane Plating Works, Inc.'', and ``River City Metal Finishing'' 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) ---------------------------------------------------------------------------------------------------------------- * * * * * * * DE................................. Hockessin Groundwater. Hockessin............ ............................ * * * * * * * IN................................. Franklin Street Spencer.............. ............................ Groundwater Contamination. * * * * * * * MN................................. Spring Park Municipal Spring Park.......... ............................ Well Field. * * * * * * * SC................................. Burlington Industries Cheraw............... ............................ Cheraw. * * * * * * * TX................................. Lane Plating Works, Dallas............... ............................ Inc. * * * * * * * TX................................. River City Metal San Antonio.......... ............................ Finishing. * * * * * * * ---------------------------------------------------------------------------------------------------------------- \(a)\A = Based on issuance of health advisory by Agency for Toxic Substances and Disease Registry (if scored, HRS score need not be greater than or equal to 28.50). [[Page 22865]] * * * * * [FR Doc. 2018-10464 Filed 5-16-18; 8:45 am] BILLING CODE 6560-50-P
![Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations 22859
VII. Congressional Review Act ENVIRONMENTAL PROTECTION Forsyth Street SW, Mailcode 9T25,
AGENCY Atlanta, GA 30303; 404/562–8637.
Pursuant to the Congressional Review • Todd Quesada, Region 5 (IL, IN, MI,
Act (5 U.S.C. 801 et seq.), EPA will 40 CFR Part 300 MN, OH, WI), U.S. EPA Superfund
submit a report containing this rule and Division Librarian/SFD Records
[EPA–HQ–OLEM–2017–0604, 0606, 0607,
other required information to the U.S. 0609, 0611 and 0612; FRL–9978–14–OLEM] Manager SRC–7J, Metcalfe Federal
Senate, the U.S. House of Building, 77 West Jackson Boulevard,
Representatives, and the Comptroller National Priorities List Chicago, IL 60604; 312/886–4465.
General of the United States prior to • Brenda Cook, Region 6 (AR, LA,
publication of the rule in the Federal AGENCY: Environmental Protection NM, OK, TX), U.S. EPA, 1445 Ross
Register. This action is not a ‘‘major Agency (EPA). Avenue, Suite 1200, Mailcode 6SFTS,
rule’’ as defined by 5 U.S.C. 804(2). ACTION: Final rule. Dallas, TX 75202–2733; 214/665–7436.
• Kumud Pyakuryal, Region 7 (IA,
List of Subjects in 40 CFR Part 180 SUMMARY: The Comprehensive KS, MO, NE), U.S. EPA, 11201 Renner
Environmental Response, Blvd., Mailcode SUPRSTAR, Lenexa, KS
Environmental protection, Compensation, and Liability Act of 1980 66219; 913/551–7956.
Administrative practice and procedure, (‘‘CERCLA’’ or ‘‘the Act’’), as amended, • Victor Ketellapper, Region 8 (CO,
Agricultural commodities, Pesticides requires that the National Oil and MT, ND, SD, UT, WY), U.S. EPA, 1595
and pests, Reporting and recordkeeping Hazardous Substances Pollution Wynkoop Street, Mailcode 8EPR–B,
requirements. Contingency Plan (‘‘NCP’’) include a list Denver, CO 80202–1129; 303/312–6578.
Dated: May 8, 2018. of national priorities among the known • Sharon Murray, Region 9 (AZ, CA,
releases or threatened releases of HI, NV, AS, GU, MP), U.S. EPA, 75
Daniel Rosenblatt,
hazardous substances, pollutants or Hawthorne Street, Mailcode SFD 6–1,
Acting Director, Registration Division, Office contaminants throughout the United San Francisco, CA 94105; 415/947–
of Pesticide Programs. States. The National Priorities List 4250.
Therefore, 40 CFR chapter I is (‘‘NPL’’) constitutes this list. The NPL is • Ken Marcy, Region 10 (AK, ID, OR,
intended primarily to guide the WA), U.S. EPA, 1200 6th Avenue,
amended as follows:
Environmental Protection Agency (‘‘the Mailcode ECL–112, Seattle, WA 98101;
PART 180—[AMENDED] EPA’’ or ‘‘the agency’’) in determining 206/463–1349.
which sites warrant further FOR FURTHER INFORMATION CONTACT:
■ 1. The authority citation for part 180 investigation. These further Terry Jeng, phone: (703) 603–8852,
continues to read as follows: investigations will allow the EPA to email: jeng.terry@epa.gov Site
assess the nature and extent of public Assessment and Remedy Decisions
Authority: 21 U.S.C. 321(q), 346a and 371. health and environmental risks Branch, Assessment and Remediation
■ 2. In § 180.659, add alphabetically associated with the site and to Division, Office of Superfund
‘‘Potato, granules/flakes’’, ‘‘Vegetable, determine what CERCLA-financed Remediation and Technology
bulb, group 3–07’’, and ‘‘Vegetable, remedial action(s), if any, may be Innovation (Mailcode 5204P), U.S.
tuberous and corm, subgroup 1C’’ to the appropriate. This rule adds six sites to Environmental Protection Agency; 1200
the General Superfund section of the Pennsylvania Avenue NW, Washington,
table in paragraph (a)(5) to read as
NPL. DC 20460; or the Superfund Hotline,
follows:
DATES: The document is effective on phone (800) 424–9346 or (703) 412–
§ 180.659 Pyroxasulfone; tolerances for June 18, 2018. 9810 in the Washington, DC,
residues. metropolitan area.
ADDRESSES: Contact information for the
SUPPLEMENTARY INFORMATION:
(a) * * * EPA Headquarters:
(5) * * * • Docket Coordinator, Headquarters; Table of Contents
U.S. Environmental Protection Agency; I. Background
Parts per CERCLA Docket Office; 1301 A. What are CERCLA and SARA?
Commodity Constitution Avenue NW, William
million B. What is the NCP?
Jefferson Clinton Building West, Room C. What is the National Priorities List
3334, Washington, DC 20004, 202/566– (NPL)?
* * * * * 0276. D. How are sites listed on the NPL?
Potato, granules/flakes ............... 0.20 The contact information for the E. What happens to sites on the NPL?
regional dockets is as follows: F. Does the NPL define the boundaries of
sites?
* * * * * • Holly Inglis, Region 1 (CT, ME, MA,
Vegetable, bulb, group 3–07 ...... 0.15 G. How are sites removed from the NPL?
NH, RI, VT), U.S. EPA, Superfund H. May the EPA delete portions of sites
Records and Information Center, 5 Post from the NPL as they are cleaned up?
* * * * * Office Square, Suite 100, Boston, MA I. What is the Construction Completion List
Vegetable, tuberous and corm, 02109–3912; 617/918–1413. (CCL)?
subgroup 1C ........................... 0.08 • Ildefonso Acosta, Region 2 (NJ, NY, J. What is the Sitewide Ready for
PR, VI), U.S. EPA, 290 Broadway, New Anticipated Use measure?
* * * * * York, NY 10007–1866; 212/637–4344. K. What is state/tribal correspondence
[FR Doc. 2018–10582 Filed 5–16–18; 8:45 am]
• Lorie Baker (ASRC), Region 3 (DE, concerning NPL Listing?
amozie on DSK3GDR082PROD with RULES
BILLING CODE 6560–50–P DC, MD, PA, VA, WV), U.S. EPA, II. Availability of Information to the Public
A. May I review the documents relevant to
Library, 1650 Arch Street, Mailcode this final rule?
3HS12, Philadelphia, PA 19103; 215/ B. What documents are available for review
814–3355. at the EPA Headquarters docket?
• 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?
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![Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Rules and Regulations 22865
* * * * * 255, 49 Stat. 543, Aug. 9, 1935), now Act (FAST Act) (Pub. L. 114–94, 129
[FR Doc. 2018–10464 Filed 5–16–18; 8:45 am] appears in 49 U.S.C. chapter 315. The Stat. 1312, Dec. 4, 2015).
BILLING CODE 6560–50–P regulations issued under this (and The specific regulations amended by
subsequently enacted) authority became this rule are based on the statutes
known as the Federal Motor Carrier detailed above. Generally, the legal
DEPARTMENT OF TRANSPORTATION Safety Regulations (FMCSRs), codified authority for each of those provisions
at 49 CFR parts 350–399. The was explained when the requirement
Federal Motor Carrier Safety administrative powers to enforce was originally adopted and is noted at
Administration chapter 315 (codified in 49 U.S.C. the beginning of each part in title 49 of
chapter 5) were also transferred from the the CFR.
49 CFR Parts 350, 360, 365, 373, 380, ICC to the DOT in 1966 and assigned, The Administrative Procedure Act
382, 383, 384, 385, 387, 390, 393, 395, first to the Federal Highway (APA) (5 U.S.C. 551–706) specifically
396, 397, and 398 Administration (FHWA), and then to provides exceptions to its notice and
FMCSA. The FMCSA Administrator has comment rulemaking procedures when
RIN 2126–AC06 the Agency finds there is good cause to
been delegated authority under 49 CFR
General Technical, Organizational, 1.87 to carry out the motor carrier dispense with them, and incorporates
Conforming, and Correcting functions vested in the Secretary of the finding and a brief statement of
Amendments to the Federal Motor Transportation. reasons therefore in the rules issued.
Between 1984 and 1999, a number of Generally, good cause exists when the
Carrier Safety Regulations
statutes added to FHWA’s authority. Agency determines that notice and
AGENCY: Federal Motor Carrier Safety Various statutes authorize the public procedures are impractical,
Administration (FMCSA), DOT. enforcement of the FMCSRs, the unnecessary, or contrary to the public
ACTION: Final rule. Hazardous Materials Regulations interest (5 U.S.C. 553(b)(3)(B)). The
(HMRs), and the Commercial amendments made in this final rule
SUMMARY: FMCSA amends its Regulations, and provide both civil and merely correct inadvertent errors and
regulations by making technical criminal penalties for violations of these omissions, remove or update obsolete
corrections throughout the Federal requirements. These statutes include the references, ensure conformity with
Motor Carrier Safety Regulations. The Motor Carrier Safety Act of 1984 Office of the Federal Register style
Agency makes minor changes to correct (MCSA) (Pub. L. 98–554, 98 Stat. 2832, guidelines, and make minor changes to
inadvertent errors and omissions, Oct. 30, 1984), codified at 49 U.S.C. improve clarity and consistency. The
remove or update obsolete references, chapter 311, subchapter III; the technical amendments do not impose
ensure conformity with Office of the Commercial Motor Vehicle Safety Act of any material new requirements or
Federal Register style guidelines, and 1986 (Pub. L. 99–570, 100 Stat. 3207– increase compliance obligations. For
improve the clarity and consistency of 170, Oct. 27, 1986), codified at 49 U.S.C. these reasons, FMCSA finds good cause
certain regulatory provisions. chapter 313; the Hazardous Materials that notice and public comment on this
DATES: This rule is effective June 18, Transportation Uniform Safety Act of final rule are unnecessary.
2018. 1990, as amended (Pub. L. 101–615, 104 The APA also allows agencies to make
Stat. 3244, Nov. 16, 1990), codified at 49 rules effective immediately with good
FOR FURTHER INFORMATION CONTACT: Mr. U.S.C. chapter 51; and the ICC cause (5 U.S.C. 553(d)(3)), instead of
David Miller, Federal Motor Carrier Termination Act of 1995 (ICCTA) (Pub. requiring publication 30 days prior to
Safety Administration, Regulatory L. 104–88, 109 Stat. 803, Dec. 29, 1995), the effective date. For the reasons
Development Division, 1200 New Jersey codified at 49 U.S.C. chapters 131–149. already stated, FMCSA finds there is
Avenue SE, Washington, DC 20590– The Motor Carrier Safety good cause for this rule to be effective
0001, by telephone at (202) 366–5370 or Improvement Act of 1999 (MCSIA) (Pub. immediately.
via email at david.miller@dot.gov. Office L. 106–159, 113 Stat. 1748, Dec. 9, 1999) FMCSA is aware of the regulatory
hours are from 9:00 a.m. to 5:00 p.m. established FMCSA as a new operating requirements concerning public
e.t., Monday through Friday, except administration within DOT, effective participation in FMCSA rulemaking (49
Federal holidays. January 1, 2000. The motor carrier safety U.S.C. 31136(g)). These requirements
SUPPLEMENTARY INFORMATION: responsibilities previously assigned to pertain to certain major rules,1 but,
both the ICC and FHWA are now because this final rule is not a major
I. Legal Basis for the Rulemaking
assigned to FMCSA. rule, they are not applicable. In any
Congress delegated certain powers to Congress expanded, modified, and event, the Agency finds that publication
regulate interstate commerce to the amended FMCSA’s authority in the of an advance notice of proposed
United States Department of Uniting and Strengthening America by rulemaking under 49 U.S.C.
Transportation (DOT or Department) in Providing Appropriate Tools Required
numerous pieces of legislation, most to Intercept and Obstruct Terrorism 1 A ‘‘major rule’’ means any rule that the
notably in section 6 of the Department (USA PATRIOT) Act of 2001 (Pub. L. Administrator of the Office of Information and
of Transportation Act (DOT Act) (Pub. 107–56, 115 Stat. 272, Oct. 26, 2001); Regulatory Affairs of the Office of Management and
Budget finds has resulted in or is likely to result
L. 89–670, 80 Stat. 931, Oct. 15, 1966). the Safe, Accountable, Flexible, in (a) an annual effect on the economy of $100
Section 6 of the DOT Act transferred to Efficient Transportation Equity Act: A million or more; (b) a major increase in costs or
the Department the authority of the Legacy for Users (SAFETEA–LU) (Pub. prices for consumers, individual industries,
former Interstate Commerce L. 109–59, 119 Stat. 1144, Aug. 10, Federal, State, or local government agencies, or
geographic regions; or (c) significant adverse effects
Commission (ICC) to regulate the 2005); the SAFETEA–LU Technical
amozie on DSK3GDR082PROD with RULES
on competition, employment, investment,
qualifications and maximum hours-of- Corrections Act of 2008 (Pub. L. 110– productivity, innovation, or on the ability of United
service of employees, the safety of 244, 122 Stat. 1572, June 6, 2008); the States-based enterprises to compete with foreign-
operations, and the equipment of motor Moving Ahead for Progress in the 21st based enterprises in domestic and export markets
5 U.S.C. 804(2)). Exception: The term ‘‘major rule’’
carriers in interstate commerce. This Century Act (MAP–21) (Pub. L. 112– does not include any rule promulgated under the
authority, first granted to the ICC in the 141, 126 Stat. 405, July 6, 2012); and the Telecommunications Act of 1996 and the
Motor Carrier Act of 1935 (Pub. L. 74– Fixing America’s Surface Transportation amendments made by that Act.
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Document Created: 2018-05-17 00:51:17
Document Modified: 2018-05-17 00:51:17
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | The document is effective on June 18, 2018. | |
| Contact | Terry Jeng, phone: (703) 603-8852, email: [email protected] Site Assessment and Remedy Decisions Branch, Assessment and Remediation Division, Office of Superfund Remediation and Technology Innovation (Mailcode 5204P), U.S. Environmental Protection Agency; 1200 Pennsylvania Avenue NW, Washington, DC 20460; or the Superfund Hotline, phone (800) 424-9346 or (703) 412-9810 in the Washington, DC, metropolitan area. | |
| FR Citation | 83 FR 22859 | |
| CFR Associated | Environmental Protection; Air Pollution Control; Chemicals; Hazardous Substances; Hazardous Waste; Intergovernmental Relations; Natural Resources; Oil Pollution; Penalties; Reporting and Recordkeeping Requirements; Superfund; Water Pollution Control and Water Supply |
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