83_FR_23014 83 FR 22918 - National Priorities List

83 FR 22918 - National Priorities List

ENVIRONMENTAL PROTECTION AGENCY

Federal Register Volume 83, Issue 96 (May 17, 2018)

Page Range22918-22923
FR Document2018-10466

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

Federal Register, Volume 83 Issue 96 (Thursday, May 17, 2018)
[Federal Register Volume 83, Number 96 (Thursday, May 17, 2018)]
[Proposed Rules]
[Pages 22918-22923]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-10466]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-HQ-OLEM-2018-0252, 0253, and 0254; FRL-9978-13-OLEM]


National Priorities List

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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

DATES: Comments regarding any of these proposed listings must be 
submitted (postmarked) on or before July 16, 2018.

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

                                      Docket Identification Numbers by Site
----------------------------------------------------------------------------------------------------------------
              Site name                   City/county, state                        Docket ID
----------------------------------------------------------------------------------------------------------------
Donnelsville Contaminated Aquifer....  Donnelsville, OH.......  EPA-HQ-OLEM-2018-0252.
PROTECO..............................  Pe[ntilde]uelas, PR....  EPA-HQ-OLEM-2018-0253.
Delfasco Forge.......................  Grand Prairie, TX......  EPA-HQ-OLEM-2018-0254.
----------------------------------------------------------------------------------------------------------------

    Submit your comments, identified by the appropriate docket number, 
at https://www.regulations.gov. Follow the online instructions for 
submitting comments. Once submitted, comments cannot be edited or 
removed from Regulations.gov. The EPA may publish any comment received 
to its public docket. Do not submit electronically any information you 
consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Multimedia 
submissions (audio, video, etc.) must be accompanied by a written 
comment. The written comment is considered the official comment and 
should include discussion of all points you wish to make. The EPA will 
generally not consider comments or comment contents located outside of 
the primary submission (i.e., on the web, cloud, or other file sharing 
system). For additional submission methods, the full EPA public comment 
policy, information about CBI or multimedia submissions, and general 
guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
    To send a comment via the United States Postal Service, use the 
following address: U.S. Environmental Protection Agency, EPA Superfund 
Docket Center, Mailcode 28221T, 1200 Pennsylvania Avenue NW, 
Washington, DC 20460.
    Use the Docket Center address below if you are using express mail, 
commercial delivery, hand delivery or courier. Delivery verification 
signatures will be available only during regular business hours: EPA 
Superfund Docket Center, WJC West Building, Room 3334, 1301 
Constitution Avenue NW, Washington, DC 20004.
    For additional docket addresses and further details on their 
contents, see section II, ``Public Review/Public Comment,'' of the 
Supplementary Information portion of this preamble.

FOR FURTHER INFORMATION CONTACT: Terry Jeng, phone: (703) 603-8852, 
email: [email protected], Site Assessment and Remedy Decisions Branch, 
Assessment and Remediation Division, Office of Superfund Remediation 
and Technology Innovation (Mailcode 5204P), U.S. Environmental 
Protection Agency, 1200 Pennsylvania Avenue NW, Washington, DC 20460; 
or the Superfund Hotline, phone (800) 424-9346 or (703) 412-9810 in the 
Washington, DC, metropolitan area.

SUPPLEMENTARY INFORMATION: 

Table of Contents

I. Background
    A. What are CERCLA and SARA?
    B. What is the NCP?
    C. What is the National Priorities List (NPL)?
    D. How are sites listed on the NPL?
    E. What happens to sites on the NPL?
    F. Does the NPL define the boundaries of sites?
    G. How are sites removed from the NPL?
    H. May the EPA delete portions of sites from the NPL as they are 
cleaned up?
    I. What is the Construction Completion List (CCL)?
    J. What is the Sitewide Ready for Anticipated Use measure?
    K. What is state/tribal correspondence concerning NPL listing?
II. Public Review/Public Comment
    A. May I review the documents relevant to this proposed rule?
    B. How do I access the documents?
    C. What documents are available for public review at the EPA 
Headquarters docket?
    D. What documents are available for public review at the EPA 
regional dockets?
    E. How do I submit my comments?
    F. What happens to my comments?
    G. What should I consider when preparing my comments?
    H. May I submit comments after the public comment period is 
over?
    I. May I view public comments submitted by others?
    J. May I submit comments regarding sites not currently proposed 
to the NPL?
III. Contents of This Proposed Rule
    A. Proposed additions to the NPL
IV. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 13563: Improving Regulation and Regulatory Review
    B. Executive Order 13771: Reducing Regulation and Controlling 
Regulatory Costs
    C. Paperwork Reduction Act (PRA)

[[Page 22919]]

    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

I. Background

A. What are CERCLA and SARA?

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

B. What is the NCP?

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

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

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

D. How are sites listed on the NPL?

    There are three mechanisms for placing sites on the NPL for 
possible remedial action (see 40 CFR 300.425(c) of the NCP): (1) A site 
may be included on the NPL if it scores sufficiently high on the HRS, 
which the EPA promulgated as appendix A of the NCP (40 CFR part 300). 
The HRS serves as a screening tool to evaluate the relative potential 
of uncontrolled hazardous substances, pollutants or contaminants to 
pose a threat to human health or the environment. On December 14, 1990 
(55 FR 51532), the EPA promulgated revisions to the HRS partly in 
response to CERCLA section 105(c), added by SARA. 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) Pursuant to 42 U.S.C. 9605(a)(8)(B), each state may 
designate a single site as its top priority to be listed on the NPL, 
without any HRS score. This provision of CERCLA requires that, to the 
extent practicable, the NPL include one facility designated by each 
state as the greatest danger to public health, welfare or the 
environment among known facilities in the state. This mechanism for 
listing is set out in the NCP at 40 CFR 300.425(c)(2). (3) The third 
mechanism for listing, included in the NCP at 40 CFR 300.425(c)(3), 
allows certain sites to be listed without any HRS score, if all of the 
following conditions are met:
     The Agency for Toxic Substances and Disease Registry 
(ATSDR) of the U.S. Public Health Service has issued a health advisory 
that recommends dissociation of individuals from the release.
     The EPA determines that the release poses a significant 
threat to public health.
     The EPA anticipates that it will be more cost-effective to 
use its remedial authority than to use its removal authority to respond 
to the release.
    The EPA promulgated an original NPL of 406 sites on September 8, 
1983 (48 FR 40658) and generally has updated it at least annually.

E. What happens to sites on the NPL?

    A site may undergo remedial action financed by the Trust Fund 
established under CERCLA (commonly referred to as the ``Superfund'') 
only after it is placed on the NPL, as provided in the NCP at 40 CFR 
300.425(b)(1). (``Remedial actions'' are those ``consistent with 
permanent remedy, taken instead of or in addition to removal actions. * 
* * '' 42 U.S.C. 9601(24).) However, under 40 CFR 300.425(b)(2) placing 
a site on the NPL ``does not imply that monies will be expended.'' The 
EPA may pursue other appropriate authorities to respond to the 
releases, including enforcement action under CERCLA and other laws.

[[Page 22920]]

F. Does the NPL define the boundaries of sites?

    The NPL does not describe releases in precise geographical terms; 
it would be neither feasible nor consistent with the limited purpose of 
the NPL (to identify releases that are priorities for further 
evaluation), for it to do so. Indeed, the precise nature and extent of 
the site are typically not known at the time of listing.
    Although a CERCLA ``facility'' is broadly defined to include any 
area where a hazardous substance has ``come to be located'' (CERCLA 
section 101(9)), the listing process itself is not intended to define 
or reflect the boundaries of such facilities or releases. Of course, 
HRS data (if the HRS is used to list a site) upon which the NPL 
placement was based will, to some extent, describe the release(s) at 
issue. That is, the NPL site would include all releases evaluated as 
part of that HRS analysis.
    When a site is listed, the approach generally used to describe the 
relevant release(s) is to delineate a geographical area (usually the 
area within an installation or plant boundaries) and identify the site 
by reference to that area. However, the NPL site is not necessarily 
coextensive with the boundaries of the installation or plant, and the 
boundaries of the installation or plant are not necessarily the 
``boundaries'' of the site. Rather, the site consists of all 
contaminated areas within the area used to identify the site, as well 
as any other location where that contamination has come to be located, 
or from where that contamination came.
    In other words, while geographic terms are often used to designate 
the site (e.g., the ``Jones Co. Plant site'') in terms of the property 
owned by a particular party, the site, properly understood, is not 
limited to that property (e.g., it may extend beyond the property due 
to contaminant migration), and conversely may not occupy the full 
extent of the property (e.g., where there are uncontaminated parts of 
the identified property, they may not be, strictly speaking, part of 
the ``site''). The ``site'' is thus neither equal to, nor confined by, 
the boundaries of any specific property that may give the site its 
name, and the name itself should not be read to imply that this site is 
coextensive with the entire area within the property boundary of the 
installation or plant. In addition, the site name is merely used to 
help identify the geographic location of the contamination, and is not 
meant to constitute any determination of liability at a site. For 
example, the name ``Jones Co. Plant site,'' does not imply that the 
Jones Company is responsible for the contamination located on the plant 
site.
    The EPA regulations provide that the remedial investigation 
(``RI'') ``is a process undertaken . . . to determine the nature and 
extent of the problem presented by the release'' as more information is 
developed on site contamination, and which is generally performed in an 
interactive fashion with the feasibility Study (``FS'') (40 CFR 300.5). 
During the RI/FS process, the release may be found to be larger or 
smaller than was originally thought, as more is learned about the 
source(s) and the migration of the contamination. However, the HRS 
inquiry focuses on an evaluation of the threat posed and therefore the 
boundaries of the release need not be exactly defined. Moreover, it 
generally is impossible to discover the full extent of where the 
contamination ``has come to be located'' before all necessary studies 
and remedial work are completed at a site. Indeed, the known boundaries 
of the contamination can be expected to change over time. Thus, in most 
cases, it may be impossible to describe the boundaries of a release 
with absolute certainty.
    Further, as noted 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 (formerly called 
Sitewide Ready-for-Reuse) represents important Superfund 
accomplishments and the measure reflects the high priority the EPA 
places on considering anticipated future land use as part of the remedy 
selection process. See Guidance for Implementing the Sitewide Ready-
for-Reuse Measure, May 24, 2006, OSWER 9365.0-36. This measure applies 
to final and deleted sites where construction is complete, all cleanup 
goals have been achieved, and all institutional or other controls are 
in place. The EPA has been successful on many occasions in carrying out 
remedial actions that ensure protectiveness of human health and the 
environment for current and future land uses, in a manner that allows 
contaminated properties to be restored to environmental and economic 
vitality. For further information, please go to https://www.epa.gov/superfund/about-superfund-cleanup-process#tab-9.

K. What is state/tribal correspondence concerning NPL listing?

    In order to maintain close coordination with states and tribes in

[[Page 22921]]

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 is improving the transparency of the process by which state 
and tribal input is solicited. The EPA is using the Web and where 
appropriate more structured state and tribal correspondence that (1) 
explains the concerns at the site and the EPA's rationale for 
proceeding; (2) requests an explanation of how the state intends to 
address the site if placement on the NPL is not favored; and 3) 
emphasizes the transparent nature of the process by informing states 
that information on their responses will be publicly available.
    A model letter and correspondence from this point forward between 
the EPA and states and tribes where applicable, is available on the 
EPA's website at https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing.

II. Public Review/Public Comment

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

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

B. How do I access the documents?

    You may view the documents, by appointment only, in the 
Headquarters or the regional dockets after the publication of this 
proposed rule. The hours of operation for the Headquarters docket are 
from 8:30 a.m. to 4:30 p.m., Monday through Friday excluding federal 
holidays. Please contact the regional dockets for hours.
    The following is the contact information for the EPA Headquarters 
Docket: Docket Coordinator, Headquarters, U.S. Environmental Protection 
Agency, CERCLA Docket Office, 1301 Constitution Avenue NW, William 
Jefferson Clinton Building West, Room 3334, Washington, DC 20004; 202/
566-0276. (Please note this is a visiting address only. Mail comments 
to the EPA Headquarters as detailed at the beginning of this preamble.)
    The contact information for the regional dockets is as follows:
     Holly Inglis, Region 1 (CT, ME, MA, NH, RI, VT), U.S. EPA, 
Superfund Records and Information Center, 5 Post Office Square, Suite 
100, Boston, MA 02109-3912; 617/918-1413.
     Ildefonso Acosta, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290 
Broadway, New York, NY 10007-1866; 212/637-4344.
     Lorie Baker (ASRC), Region 3 (DE, DC, MD, PA, VA, WV), 
U.S. EPA, Library, 1650 Arch Street, Mailcode 3HS12, Philadelphia, PA 
19103; 215/814-3355.
     Cathy Amoroso, Region 4 (AL, FL, GA, KY, MS, NC, SC, TN), 
U.S. EPA, 61 Forsyth Street SW, Mailcode 9T25, Atlanta, GA 30303; 404/
562-8637.
     Todd Quesada, Region 5 (IL, IN, MI, MN, OH, WI), U.S. EPA 
Superfund Division Librarian/SFD Records Manager SRC-7J, Metcalfe 
Federal Building, 77 West Jackson Boulevard, Chicago, IL 60604; 312/
886-4465.
     Brenda Cook, Region 6 (AR, LA, NM, OK, TX), U.S. EPA, 1445 
Ross Avenue, Suite 1200, Mailcode 6SFTS, Dallas, TX 75202-2733; 214/
665-7436.
     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.
    You may also request copies from the EPA Headquarters or the 
regional dockets. An informal request, rather than a formal written 
request under the Freedom of Information Act, should be the ordinary 
procedure for obtaining copies of any of these documents. Please note 
that due to the difficulty of reproducing oversized maps, oversized 
maps may be viewed only in-person; since the EPA dockets are not 
equipped to both copy and mail out such maps or scan them and send them 
out electronically.
    You may use the docket at https://www.regulations.gov to access 
documents in the Headquarters docket (see instructions included in the 
Addresses section). Please note that there are differences between the 
Headquarters docket and the regional dockets and those differences are 
outlined in this preamble, Sections II.C and D.

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

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

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

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

E. How do I submit my comments?

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

F. What happens to my comments?

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

G. What should I consider when preparing my comments?

    Comments that include complex or voluminous reports, or materials 
prepared for purposes other than HRS scoring, should point out the 
specific information that the EPA should consider and how it affects 
individual HRS factor values or other listing criteria (Northside 
Sanitary Landfill v. Thomas, 849 F.2d 1516 (DC Cir. 1988)). The EPA 
will not address voluminous comments that are not referenced to the HRS 
or other listing criteria. The EPA will not address comments unless 
they indicate which component of the HRS documentation record or what

[[Page 22922]]

particular point in the EPA's stated eligibility criteria is at issue.

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

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

I. May I view public comments submitted by others?

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

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

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

III. Contents of This Proposed Rule

A. Proposed additions to the NPL

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

------------------------------------------------------------------------
             State                     Site name           City/county
------------------------------------------------------------------------
OH............................  Donnelsville            Donnelsville.
                                 Contaminated Aquifer.
PR............................  PROTECO...............  Pe[ntilde]uelas.
TX............................  Delfasco Forge........  Grand Prairie.
------------------------------------------------------------------------

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 expected to be 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 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.

[[Page 22923]]

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.

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.

List of Subjects in 40 CFR Part 300

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


    Authority: 33 U.S.C. 1321(d); 42 U.S.C. 9601-9657; E.O. 13626, 
77 FR 56749, 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.

    Dated: May 9, 2018.
Barry N. Breen,
Acting Assistant Administrator, Office of Land and Emergency 
Management.
[FR Doc. 2018-10466 Filed 5-16-18; 8:45 am]
 BILLING CODE 6560-50-P



                                               22918                           Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Proposed Rules

                                               Lead, Nitrogen dioxide, Ozone,                                         ACTION:      Proposed rule.                                         health and environmental risks
                                               Particulate matter, Reporting and                                                                                                          associated with the site and to
                                               recordkeeping requirements, Sulfur                                     SUMMARY:   The Comprehensive                                        determine what CERCLA-financed
                                               oxides, Volatile organic compounds.                                    Environmental Response,                                             remedial action(s), if any, may be
                                                                                                                      Compensation, and Liability Act                                     appropriate. This rule proposes to add
                                                 Dated: May 4, 2018.
                                                                                                                      (‘‘CERCLA’’ or ‘‘the Act’’), as amended,                            three sites to the General Superfund
                                               Cathy Stepp,
                                                                                                                      requires that the National Oil and                                  section of the NPL.
                                               Regional Administrator, Region 5.                                      Hazardous Substances Pollution
                                               [FR Doc. 2018–10458 Filed 5–16–18; 8:45 am]                            Contingency Plan (‘‘NCP’’) include a list                           DATES:Comments regarding any of these
                                               BILLING CODE 6560–50–P                                                 of national priorities among the known                              proposed listings must be submitted
                                                                                                                      releases or threatened releases of                                  (postmarked) on or before July 16, 2018.
                                                                                                                      hazardous substances, pollutants or
                                               ENVIRONMENTAL PROTECTION                                                                                                                   ADDRESSES:Identify the appropriate
                                                                                                                      contaminants throughout the United
                                               AGENCY                                                                 States. The National Priorities List                                docket number from the table below.
                                               40 CFR Part 300                                                        (‘‘NPL’’) constitutes this list. The NPL is
                                                                                                                      intended primarily to guide the
                                               [EPA–HQ–OLEM–2018–0252, 0253, and                                      Environmental Protection Agency
                                               0254; FRL–9978–13–OLEM]                                                (‘‘EPA’’ or ‘‘the agency’’) in determining
                                                                                                                      which sites warrant further
                                               National Priorities List
                                                                                                                      investigation. These further
                                               AGENCY: Environmental Protection                                       investigations will allow the EPA to
                                               Agency (EPA).                                                          assess the nature and extent of public

                                                                                                                   DOCKET IDENTIFICATION NUMBERS BY SITE
                                                                                           Site name                                                                  City/county, state                            Docket ID

                                               Donnelsville Contaminated Aquifer ..........................................................               Donnelsville, OH .............................    EPA–HQ–OLEM–2018–0252.
                                               PROTECO ................................................................................................   Peñuelas, PR .................................   EPA–HQ–OLEM–2018–0253.
                                               Delfasco Forge .........................................................................................   Grand Prairie, TX ...........................     EPA–HQ–OLEM–2018–0254.



                                                 Submit your comments, identified by                                     Use the Docket Center address below                                 E. What happens to sites on the NPL?
                                               the appropriate docket number, at                                      if you are using express mail,                                         F. Does the NPL define the boundaries of
                                               https://www.regulations.gov. Follow the                                commercial delivery, hand delivery or                                     sites?
                                                                                                                                                                                             G. How are sites removed from the NPL?
                                               online instructions for submitting                                     courier. Delivery verification signatures
                                                                                                                                                                                             H. May the EPA delete portions of sites
                                               comments. Once submitted, comments                                     will be available only during regular                                     from the NPL as they are cleaned up?
                                               cannot be edited or removed from                                       business hours: EPA Superfund Docket                                   I. What is the Construction Completion List
                                               Regulations.gov. The EPA may publish                                   Center, WJC West Building, Room 3334,                                     (CCL)?
                                               any comment received to its public                                     1301 Constitution Avenue NW,                                           J. What is the Sitewide Ready for
                                               docket. Do not submit electronically any                               Washington, DC 20004.                                                     Anticipated Use measure?
                                               information you consider to be                                            For additional docket addresses and                                 K. What is state/tribal correspondence
                                                                                                                      further details on their contents, see                                    concerning NPL listing?
                                               Confidential Business Information (CBI)
                                                                                                                      section II, ‘‘Public Review/Public                                  II. Public Review/Public Comment
                                               or other information whose disclosure is                                                                                                      A. May I review the documents relevant to
                                               restricted by statute. Multimedia                                      Comment,’’ of the SUPPLEMENTARY                                           this proposed rule?
                                               submissions (audio, video, etc.) must be                               INFORMATION portion of this preamble.                                  B. How do I access the documents?
                                               accompanied by a written comment.                                      FOR FURTHER INFORMATION CONTACT:                                       C. What documents are available for public
                                               The written comment is considered the                                  Terry Jeng, phone: (703) 603–8852,                                        review at the EPA Headquarters docket?
                                               official comment and should include                                    email: jeng.terry@epa.gov, Site                                        D. What documents are available for public
                                               discussion of all points you wish to                                   Assessment and Remedy Decisions                                           review at the EPA regional dockets?
                                                                                                                      Branch, Assessment and Remediation                                     E. How do I submit my comments?
                                               make. The EPA will generally not                                                                                                              F. What happens to my comments?
                                               consider comments or comment                                           Division, Office of Superfund                                          G. What should I consider when preparing
                                               contents located outside of the primary                                Remediation and Technology                                                my comments?
                                               submission (i.e., on the web, cloud, or                                Innovation (Mailcode 5204P), U.S.                                      H. May I submit comments after the public
                                               other file sharing system). For                                        Environmental Protection Agency, 1200                                     comment period is over?
                                               additional submission methods, the full                                Pennsylvania Avenue NW, Washington,                                    I. May I view public comments submitted
                                               EPA public comment policy,                                             DC 20460; or the Superfund Hotline,                                       by others?
                                               information about CBI or multimedia                                    phone (800) 424–9346 or (703) 412–                                     J. May I submit comments regarding sites
                                                                                                                      9810 in the Washington, DC,                                               not currently proposed to the NPL?
                                               submissions, and general guidance on                                                                                                       III. Contents of This Proposed Rule
                                               making effective comments, please visit                                metropolitan area.
                                                                                                                                                                                             A. Proposed additions to the NPL
                                               https://www.epa.gov/dockets/                                           SUPPLEMENTARY INFORMATION:
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                                                                                                                                                                                          IV. Statutory and Executive Order Reviews
                                               commenting-epa-dockets.                                                                                                                       A. Executive Order 12866: Regulatory
                                                                                                                      Table of Contents
                                                 To send a comment via the United                                                                                                               Planning and Review and Executive
                                                                                                                      I. Background                                                             Order 13563: Improving Regulation and
                                               States Postal Service, use the following                                  A. What are CERCLA and SARA?                                           Regulatory Review
                                               address: U.S. Environmental Protection                                    B. What is the NCP?                                                 B. Executive Order 13771: Reducing
                                               Agency, EPA Superfund Docket Center,                                      C. What is the National Priorities List                                Regulation and Controlling Regulatory
                                               Mailcode 28221T, 1200 Pennsylvania                                          (NPL)?                                                               Costs
                                               Avenue NW, Washington, DC 20460.                                          D. How are sites listed on the NPL?                                 C. Paperwork Reduction Act (PRA)



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                                                                        Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Proposed Rules                                           22919

                                                  D. Regulatory Flexibility Act (RFA)                  a wide range of actions taken to study,               revisions to the HRS partly in response
                                                  E. Unfunded Mandates Reform Act                      clean up, prevent or otherwise address                to CERCLA section 105(c), added by
                                                     (UMRA)                                            releases and threatened releases of                   SARA. On January 9, 2017 (82 FR 2760),
                                                  F. Executive Order 13132: Federalism                 hazardous substances, pollutants or                   a subsurface intrusion component was
                                                  G. Executive Order 13175: Consultation
                                                     and Coordination with Indian Tribal
                                                                                                       contaminants (42 U.S.C. 9601(23)).                    added to the HRS to enable the EPA to
                                                     Governments                                       C. What is the National Priorities List               consider human exposure to hazardous
                                                  H. Executive Order 13045: Protection of              (NPL)?                                                substances or pollutants and
                                                     Children from Environmental Health and                                                                  contaminants that enter regularly
                                                     Safety Risks                                         The NPL is a list of national priorities           occupied structures through subsurface
                                                  I. Executive Order 13211: Actions that               among the known or threatened releases                intrusion when evaluating sites for the
                                                     Significantly Affect Energy Supply,               of hazardous substances, pollutants or                NPL. The current HRS evaluates four
                                                     Distribution, or Use                              contaminants throughout the United                    pathways: Ground water, surface water,
                                                  J. National Technology Transfer and                  States. The list, which is appendix B of              soil exposure and subsurface intrusion,
                                                     Advancement Act (NTTAA)                           the NCP (40 CFR part 300), was required
                                                  K. Executive Order 12898: Federal Actions
                                                                                                                                                             and air. As a matter of agency policy,
                                                                                                       under section 105(a)(8)(B) of CERCLA,                 those sites that score 28.50 or greater on
                                                     to Address Environmental Justice in               as amended. Section 105(a)(8)(B)
                                                     Minority Populations and Low-Income                                                                     the HRS are eligible for the NPL. (2)
                                                     Populations
                                                                                                       defines the NPL as a list of ‘‘releases’’             Pursuant to 42 U.S.C. 9605(a)(8)(B),
                                                                                                       and the highest priority ‘‘facilities’’ and           each state may designate a single site as
                                               I. Background                                           requires that the NPL be revised at least             its top priority to be listed on the NPL,
                                                                                                       annually. The NPL is intended                         without any HRS score. This provision
                                               A. What are CERCLA and SARA?
                                                                                                       primarily to guide the EPA in                         of CERCLA requires that, to the extent
                                                  In 1980, Congress enacted the                        determining which sites warrant further
                                               Comprehensive Environmental                                                                                   practicable, the NPL include one facility
                                                                                                       investigation to assess the nature and                designated by each state as the greatest
                                               Response, Compensation, and Liability                   extent of public health and
                                               Act, 42 U.S.C. 9601–9675 (‘‘CERCLA’’ or                                                                       danger to public health, welfare or the
                                                                                                       environmental risks associated with a                 environment among known facilities in
                                               ‘‘the Act’’), in response to the dangers of             release of hazardous substances,
                                               uncontrolled releases or threatened                                                                           the state. This mechanism for listing is
                                                                                                       pollutants or contaminants. The NPL is                set out in the NCP at 40 CFR
                                               releases of hazardous substances, and                   only of limited significance, however, as
                                               releases or substantial threats of releases                                                                   300.425(c)(2). (3) The third mechanism
                                                                                                       it does not assign liability to any party             for listing, included in the NCP at 40
                                               into the environment of any pollutant or                or to the owner of any specific property.
                                               contaminant that may present an                                                                               CFR 300.425(c)(3), allows certain sites
                                                                                                       Also, placing a site on the NPL does not
                                               imminent or substantial danger to the                                                                         to be listed without any HRS score, if all
                                                                                                       mean that any remedial or removal
                                               public health or welfare. CERCLA was                                                                          of the following conditions are met:
                                                                                                       action necessarily need be taken.
                                               amended on October 17, 1986, by the                        For purposes of listing, the NPL                      • The Agency for Toxic Substances
                                               Superfund Amendments and                                includes two sections, one of sites that              and Disease Registry (ATSDR) of the
                                               Reauthorization Act (‘‘SARA’’), Public                  are generally evaluated and cleaned up                U.S. Public Health Service has issued a
                                               Law 99–499, 100 Stat. 1613 et seq.                      by the EPA (the ‘‘General Superfund                   health advisory that recommends
                                                                                                       section’’), and one of sites that are                 dissociation of individuals from the
                                               B. What is the NCP?                                                                                           release.
                                                                                                       owned or operated by other federal
                                                 To implement CERCLA, the EPA                          agencies (the ‘‘Federal Facilities                       • The EPA determines that the release
                                               promulgated the revised National Oil                    section’’). With respect to sites in the              poses a significant threat to public
                                               and Hazardous Substances Pollution                      Federal Facilities section, these sites are           health.
                                               Contingency Plan (‘‘NCP’’), 40 CFR part                 generally being addressed by other                       • The EPA anticipates that it will be
                                               300, on July 16, 1982 (47 FR 31180),                    federal agencies. Under Executive Order               more cost-effective to use its remedial
                                               pursuant to CERCLA section 105 and                      12580 (52 FR 2923, January 29, 1987)                  authority than to use its removal
                                               Executive Order 12316 (46 FR 42237,                     and CERCLA section 120, each federal                  authority to respond to the release.
                                               August 20, 1981). The NCP sets                          agency is responsible for carrying out                   The EPA promulgated an original NPL
                                               guidelines and procedures for                           most response actions at facilities under             of 406 sites on September 8, 1983 (48 FR
                                               responding to releases and threatened                   its own jurisdiction, custody or control,             40658) and generally has updated it at
                                               releases of hazardous substances or                     although the EPA is responsible for                   least annually.
                                               releases or substantial threats of releases             preparing a Hazard Ranking System                     E. What happens to sites on the NPL?
                                               into the environment of any pollutant or                (‘‘HRS’’) score and determining whether
                                               contaminant that may present an                         the facility is placed on the NPL.                       A site may undergo remedial action
                                               imminent or substantial danger to the                                                                         financed by the Trust Fund established
                                               public health or welfare. The EPA has                   D. How are sites listed on the NPL?                   under CERCLA (commonly referred to
                                               revised the NCP on several occasions.                     There are three mechanisms for                      as the ‘‘Superfund’’) only after it is
                                               The most recent comprehensive revision                  placing sites on the NPL for possible                 placed on the NPL, as provided in the
                                               was on March 8, 1990 (55 FR 8666).                      remedial action (see 40 CFR 300.425(c)                NCP at 40 CFR 300.425(b)(1).
                                                 As required under section                             of the NCP): (1) A site may be included               (‘‘Remedial actions’’ are those
                                               105(a)(8)(A) of CERCLA, the NCP also                    on the NPL if it scores sufficiently high             ‘‘consistent with permanent remedy,
                                               includes ‘‘criteria for determining                     on the HRS, which the EPA                             taken instead of or in addition to
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                                               priorities among releases or threatened                 promulgated as appendix A of the NCP                  removal actions. * * * ’’ 42 U.S.C.
                                               releases throughout the United States                   (40 CFR part 300). The HRS serves as a                9601(24).) However, under 40 CFR
                                               for the purpose of taking remedial                      screening tool to evaluate the relative               300.425(b)(2) placing a site on the NPL
                                               action and, to the extent practicable                   potential of uncontrolled hazardous                   ‘‘does not imply that monies will be
                                               taking into account the potential                       substances, pollutants or contaminants                expended.’’ The EPA may pursue other
                                               urgency of such action, for the purpose                 to pose a threat to human health or the               appropriate authorities to respond to the
                                               of taking removal action.’’ ‘‘Removal’’                 environment. On December 14, 1990 (55                 releases, including enforcement action
                                               actions are defined broadly and include                 FR 51532), the EPA promulgated                        under CERCLA and other laws.


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                                               22920                    Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Proposed Rules

                                               F. Does the NPL define the boundaries                   for the contamination located on the                  H. May the EPA delete portions of sites
                                               of sites?                                               plant site.                                           from the NPL as they are cleaned up?
                                                  The NPL does not describe releases in                   The EPA regulations provide that the                  In November 1995, the EPA initiated
                                               precise geographical terms; it would be                 remedial investigation (‘‘RI’’) ‘‘is a                a policy to delete portions of NPL sites
                                               neither feasible nor consistent with the                process undertaken . . . to determine                 where cleanup is complete (60 FR
                                               limited purpose of the NPL (to identify                 the nature and extent of the problem                  55465, November 1, 1995). Total site
                                               releases that are priorities for further                presented by the release’’ as more                    cleanup may take many years, while
                                               evaluation), for it to do so. Indeed, the               information is developed on site                      portions of the site may have been
                                               precise nature and extent of the site are               contamination, and which is generally                 cleaned up and made available for
                                               typically not known at the time of                      performed in an interactive fashion with              productive use.
                                               listing.                                                the feasibility Study (‘‘FS’’) (40 CFR
                                                                                                                                                             I. What is the Construction Completion
                                                  Although a CERCLA ‘‘facility’’ is                    300.5). During the RI/FS process, the
                                                                                                                                                             List (CCL)?
                                               broadly defined to include any area                     release may be found to be larger or
                                               where a hazardous substance has ‘‘come                  smaller than was originally thought, as                  The EPA also has developed an NPL
                                               to be located’’ (CERCLA section 101(9)),                more is learned about the source(s) and               construction completion list (‘‘CCL’’) to
                                               the listing process itself is not intended              the migration of the contamination.                   simplify its system of categorizing sites
                                               to define or reflect the boundaries of                  However, the HRS inquiry focuses on an                and to better communicate the
                                               such facilities or releases. Of course,                 evaluation of the threat posed and                    successful completion of cleanup
                                               HRS data (if the HRS is used to list a                  therefore the boundaries of the release               activities (58 FR 12142, March 2, 1993).
                                               site) upon which the NPL placement                      need not be exactly defined. Moreover,                Inclusion of a site on the CCL has no
                                               was based will, to some extent, describe                it generally is impossible to discover the            legal significance.
                                               the release(s) at issue. That is, the NPL               full extent of where the contamination                   Sites qualify for the CCL when:
                                               site would include all releases evaluated               ‘‘has come to be located’’ before all                 (1)Any necessary physical construction
                                                                                                       necessary studies and remedial work are               is complete, whether or not final
                                               as part of that HRS analysis.
                                                  When a site is listed, the approach                  completed at a site. Indeed, the known                cleanup levels or other requirements
                                               generally used to describe the relevant                 boundaries of the contamination can be                have been achieved; (2) the EPA has
                                               release(s) is to delineate a geographical               expected to change over time. Thus, in                determined that the response action
                                               area (usually the area within an                        most cases, it may be impossible to                   should be limited to measures that do
                                                                                                       describe the boundaries of a release                  not involve construction (e.g.,
                                               installation or plant boundaries) and
                                                                                                       with absolute certainty.                              institutional controls); or (3) the site
                                               identify the site by reference to that
                                                                                                                                                             qualifies for deletion from the NPL. For
                                               area. However, the NPL site is not                         Further, as noted previously, NPL                  more information on the CCL, see the
                                               necessarily coextensive with the                        listing does not assign liability to any              EPA’s internet site at https://
                                               boundaries of the installation or plant,                party or to the owner of any specific                 www.epa.gov/superfund/construction-
                                               and the boundaries of the installation or               property. Thus, if a party does not                   completions-national-priorities-list-npl-
                                               plant are not necessarily the                           believe it is liable for releases on                  sites-number.
                                               ‘‘boundaries’’ of the site. Rather, the site            discrete parcels of property, it can
                                               consists of all contaminated areas                      submit supporting information to the                  J. What is the sitewide ready for
                                               within the area used to identify the site,              agency at any time after it receives                  anticipated use measure?
                                               as well as any other location where that                notice it is a potentially responsible                   The Sitewide Ready for Anticipated
                                               contamination has come to be located,                   party.                                                Use measure (formerly called Sitewide
                                               or from where that contamination came.                     For these reasons, the NPL need not                Ready-for-Reuse) represents important
                                                  In other words, while geographic                     be amended as further research reveals                Superfund accomplishments and the
                                               terms are often used to designate the site              more information about the location of                measure reflects the high priority the
                                               (e.g., the ‘‘Jones Co. Plant site’’) in terms           the contamination or release.                         EPA places on considering anticipated
                                               of the property owned by a particular                                                                         future land use as part of the remedy
                                               party, the site, properly understood, is                G. How are sites removed from the NPL?                selection process. See Guidance for
                                               not limited to that property (e.g., it may                                                                    Implementing the Sitewide Ready-for-
                                                                                                          The EPA may delete sites from the
                                               extend beyond the property due to                                                                             Reuse Measure, May 24, 2006, OSWER
                                                                                                       NPL where no further response is
                                               contaminant migration), and conversely                                                                        9365.0–36. This measure applies to final
                                                                                                       appropriate under Superfund, as
                                               may not occupy the full extent of the                                                                         and deleted sites where construction is
                                                                                                       explained in the NCP at 40 CFR
                                               property (e.g., where there are                                                                               complete, all cleanup goals have been
                                                                                                       300.425(e). This section also provides
                                               uncontaminated parts of the identified                                                                        achieved, and all institutional or other
                                                                                                       that the EPA shall consult with states on
                                               property, they may not be, strictly                                                                           controls are in place. The EPA has been
                                                                                                       proposed deletions and shall consider
                                               speaking, part of the ‘‘site’’). The ‘‘site’’                                                                 successful on many occasions in
                                                                                                       whether any of the following criteria
                                               is thus neither equal to, nor confined by,                                                                    carrying out remedial actions that
                                                                                                       have been met:
                                               the boundaries of any specific property                                                                       ensure protectiveness of human health
                                               that may give the site its name, and the                   (i) Responsible parties or other
                                                                                                       persons have implemented all                          and the environment for current and
                                               name itself should not be read to imply                                                                       future land uses, in a manner that
                                               that this site is coextensive with the                  appropriate response actions required;
                                                                                                                                                             allows contaminated properties to be
                                               entire area within the property                            (ii) All appropriate Superfund-                    restored to environmental and economic
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                                               boundary of the installation or plant. In               financed response has been                            vitality. For further information, please
                                               addition, the site name is merely used                  implemented and no further response                   go to https://www.epa.gov/superfund/
                                               to help identify the geographic location                action is required; or                                about-superfund-cleanup-process#tab-9.
                                               of the contamination, and is not meant                     (iii) The remedial investigation has
                                               to constitute any determination of                      shown the release poses no significant                K. What is state/tribal correspondence
                                               liability at a site. For example, the name              threat to public health or the                        concerning NPL listing?
                                               ‘‘Jones Co. Plant site,’’ does not imply                environment, and taking of remedial                     In order to maintain close
                                               that the Jones Company is responsible                   measures is not appropriate.                          coordination with states and tribes in


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                                                                        Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Proposed Rules                                           22921

                                               the NPL listing decision process, the                   detailed at the beginning of this                     dockets and those differences are
                                               EPA’s policy is to determine the                        preamble.)                                            outlined in this preamble, Sections II.C
                                               position of the states and tribes                         The contact information for the                     and D.
                                               regarding sites that the EPA is                         regional dockets is as follows:
                                                                                                         • Holly Inglis, Region 1 (CT, ME, MA,               C. What documents are available for
                                               considering for listing. This
                                                                                                       NH, RI, VT), U.S. EPA, Superfund                      public review at the EPA Headquarters
                                               consultation process is outlined in two
                                                                                                       Records and Information Center, 5 Post                docket?
                                               memoranda that can be found at the
                                               following website: https://www.epa.gov/                 Office Square, Suite 100, Boston, MA                     The Headquarters docket for this
                                               superfund/statetribal-correspondence-                   02109–3912; 617/918–1413.                             proposed rule contains the following for
                                               concerning-npl-site-listing.                              • Ildefonso Acosta, Region 2 (NJ, NY,               the sites proposed in this rule: HRS
                                                  The EPA is improving the                             PR, VI), U.S. EPA, 290 Broadway, New                  score sheets; documentation records
                                               transparency of the process by which                    York, NY 10007–1866; 212/637–4344.                    describing the information used to
                                               state and tribal input is solicited. The                  • Lorie Baker (ASRC), Region 3 (DE,                 compute the score; information for any
                                               EPA is using the Web and where                          DC, MD, PA, VA, WV), U.S. EPA,                        sites affected by particular statutory
                                               appropriate more structured state and                   Library, 1650 Arch Street, Mailcode                   requirements or the EPA listing policies;
                                               tribal correspondence that (1) explains                 3HS12, Philadelphia, PA 19103; 215/                   and a list of documents referenced in
                                               the concerns at the site and the EPA’s                  814–3355.                                             the documentation record.
                                               rationale for proceeding; (2) requests an                 • Cathy Amoroso, Region 4 (AL, FL,
                                               explanation of how the state intends to                 GA, KY, MS, NC, SC, TN), U.S. EPA, 61                 D. What documents are available for
                                               address the site if placement on the NPL                Forsyth Street SW, Mailcode 9T25,                     public review at the EPA regional
                                               is not favored; and 3) emphasizes the                   Atlanta, GA 30303; 404/562–8637.                      dockets?
                                               transparent nature of the process by                      • Todd Quesada, Region 5 (IL, IN, MI,
                                                                                                                                                               The regional dockets for this proposed
                                               informing states that information on                    MN, OH, WI), U.S. EPA Superfund
                                                                                                                                                             rule contain all of the information in the
                                               their responses will be publicly                        Division Librarian/SFD Records
                                                                                                                                                             Headquarters docket plus the actual
                                               available.                                              Manager SRC–7J, Metcalfe Federal
                                                                                                                                                             reference documents containing the data
                                                  A model letter and correspondence                    Building, 77 West Jackson Boulevard,
                                                                                                                                                             principally relied upon and cited by the
                                               from this point forward between the                     Chicago, IL 60604; 312/886–4465.
                                                                                                                                                             EPA in calculating or evaluating the
                                               EPA and states and tribes where                           • Brenda Cook, Region 6 (AR, LA,
                                                                                                                                                             HRS score for the sites. These reference
                                               applicable, is available on the EPA’s                   NM, OK, TX), U.S. EPA, 1445 Ross
                                                                                                                                                             documents are available only in the
                                               website at https://www.epa.gov/                         Avenue, Suite 1200, Mailcode 6SFTS,
                                                                                                                                                             regional dockets.
                                               superfund/statetribal-correspondence-                   Dallas, TX 75202–2733; 214/665–7436.
                                                                                                         • Kumud Pyakuryal, Region 7 (IA,                    E. How do I submit my comments?
                                               concerning-npl-site-listing.
                                                                                                       KS, MO, NE), U.S. EPA, 11201 Renner
                                               II. Public Review/Public Comment                        Blvd., Mailcode SUPRSTAR, Lenexa, KS                    Comments must be submitted to the
                                                                                                       66219; 913/551–7956.                                  EPA Headquarters as detailed at the
                                               A. May I review the documents relevant                                                                        beginning of this preamble in the
                                                                                                         • Victor Ketellapper, Region 8 (CO,
                                               to this proposed rule?                                                                                        ADDRESSES section. Please note that the
                                                                                                       MT, ND, SD, UT, WY), U.S. EPA, 1595
                                                  Yes, documents that form the basis for               Wynkoop Street, Mailcode 8EPR–B,                      mailing addresses differ according to
                                               the EPA’s evaluation and scoring of the                 Denver, CO 80202–1129; 303/312–6578.                  method of delivery. There are two
                                               sites in this proposed rule are contained                 • Sharon Murray, Region 9 (AZ, CA,                  different addresses that depend on
                                               in public dockets located both at the                   HI, NV, AS, GU, MP), U.S. EPA, 75                     whether comments are sent by express
                                               EPA Headquarters in Washington, DC,                     Hawthorne Street, Mailcode SFD 6–1,                   mail or by postal mail.
                                               and in the regional offices. These                      San Francisco, CA 94105; 415/947–                     F. What happens to my comments?
                                               documents are also available by                         4250.
                                               electronic access at https://                             • Ken Marcy, Region 10 (AK, ID, OR,                   The EPA considers all comments
                                               www.regulations.gov (see instructions in                WA), U.S. EPA, 1200 6th Avenue,                       received during the comment period.
                                               the ADDRESSES section above).                           Mailcode ECL–112, Seattle, WA 98101;                  Significant comments are typically
                                                                                                       206/463–1349.                                         addressed in a support document that
                                               B. How do I access the documents?                         You may also request copies from the                the EPA will publish concurrently with
                                                  You may view the documents, by                       EPA Headquarters or the regional                      the Federal Register document if, and
                                               appointment only, in the Headquarters                   dockets. An informal request, rather                  when, the site is listed on the NPL.
                                               or the regional dockets after the                       than a formal written request under the               G. What should I consider when
                                               publication of this proposed rule. The                  Freedom of Information Act, should be                 preparing my comments?
                                               hours of operation for the Headquarters                 the ordinary procedure for obtaining
                                               docket are from 8:30 a.m. to 4:30 p.m.,                 copies of any of these documents. Please                Comments that include complex or
                                               Monday through Friday excluding                         note that due to the difficulty of                    voluminous reports, or materials
                                               federal holidays. Please contact the                    reproducing oversized maps, oversized                 prepared for purposes other than HRS
                                               regional dockets for hours.                             maps may be viewed only in-person;                    scoring, should point out the specific
                                                  The following is the contact                         since the EPA dockets are not equipped                information that the EPA should
                                               information for the EPA Headquarters                    to both copy and mail out such maps or                consider and how it affects individual
                                               Docket: Docket Coordinator,                             scan them and send them out                           HRS factor values or other listing
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                                               Headquarters, U.S. Environmental                        electronically.                                       criteria (Northside Sanitary Landfill v.
                                               Protection Agency, CERCLA Docket                          You may use the docket at https://                  Thomas, 849 F.2d 1516 (DC Cir. 1988)).
                                               Office, 1301 Constitution Avenue NW,                    www.regulations.gov to access                         The EPA will not address voluminous
                                               William Jefferson Clinton Building                      documents in the Headquarters docket                  comments that are not referenced to the
                                               West, Room 3334, Washington, DC                         (see instructions included in the                     HRS or other listing criteria. The EPA
                                               20004; 202/566–0276. (Please note this                  ADDRESSES section). Please note that                  will not address comments unless they
                                               is a visiting address only. Mail                        there are differences between the                     indicate which component of the HRS
                                               comments to the EPA Headquarters as                     Headquarters docket and the regional                  documentation record or what


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                                               22922                            Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Proposed Rules

                                               particular point in the EPA’s stated                                   dockets approximately one week after                                     the NPL. If those sites are later proposed
                                               eligibility criteria is at issue.                                      the formal comment period closes.                                        to the NPL, parties should review their
                                                                                                                         All public comments, whether                                          earlier concerns and, if still appropriate,
                                               H. May I submit comments after the
                                                                                                                      submitted electronically or in paper                                     resubmit those concerns for
                                               public comment period is over?
                                                                                                                      form, will be made available for public                                  consideration during the formal
                                                 Generally, the EPA will not respond                                                                                                           comment period. Site-specific
                                                                                                                      viewing in the electronic public docket
                                               to late comments. The EPA can                                                                                                                   correspondence received prior to the
                                               guarantee only that it will consider                                   at https://www.regulations.gov as the
                                                                                                                      EPA receives them and without change,                                    period of formal proposal and comment
                                               those comments postmarked by the                                                                                                                will not generally be included in the
                                               close of the formal comment period. The                                unless the comment contains
                                                                                                                      copyrighted material, confidential                                       docket.
                                               EPA has a policy of generally not
                                               delaying a final listing decision solely to                            business information (CBI) or other                                      III. Contents of This Proposed Rule
                                               accommodate consideration of late                                      information whose disclosure is
                                                                                                                      restricted by statute. Once in the public                                A. Proposed additions to the NPL
                                               comments.
                                                                                                                      dockets system, select ‘‘search,’’ then                                     In this proposed rule, the EPA is
                                               I. May I view public comments                                          key in the appropriate docket ID                                         proposing to add three sites to the NPL,
                                               submitted by others?                                                   number.                                                                  all to the General Superfund section. All
                                                  During the comment period,                                          J. May I submit comments regarding                                       of the sites in this proposed rulemaking
                                               comments are placed in the                                             sites not currently proposed to the NPL?                                 are being proposed based on HRS scores
                                               Headquarters docket and are available to                                                                                                        of 28.50 or above.
                                               the public on an ‘‘as received’’ basis. A                                In certain instances, interested parties                                  The sites are presented in the table
                                               complete set of comments will be                                       have written to the EPA concerning sites                                 below.
                                               available for viewing in the regional                                  that were not at that time proposed to                                      General Superfund section:

                                                          State                                                                    Site name                                                                              City/county

                                               OH ...........................   Donnelsville Contaminated Aquifer ........................................................................               Donnelsville.
                                               PR ...........................   PROTECO .............................................................................................................    Peñuelas.
                                               TX ...........................   Delfasco Forge .......................................................................................................   Grand Prairie.



                                               IV. Statutory and Executive Order                                      NPL does not impose any obligations on                                   direct effects on the states, on the
                                               Reviews                                                                any group, including small entities. This                                relationship between the national
                                                 Additional information about these                                   rule also does not establish standards or                                government and the states, or on the
                                               statutes and Executive Orders can be                                   requirements that any small entity must                                  distribution of power and
                                               found at https://www.epa.gov/laws-                                     meet, and imposes no direct costs on                                     responsibilities among the various
                                               regulations/laws-and-executive-orders.                                 any small entity. Whether an entity,                                     levels of government.
                                                                                                                      small or otherwise, is liable for response
                                               A. Executive Order 12866: Regulatory                                                                                                            G. Executive Order 13175: Consultation
                                                                                                                      costs for a release of hazardous
                                               Planning and Review and Executive                                                                                                               and Coordination With Indian Tribal
                                                                                                                      substances depends on whether that
                                               Order 13563: Improving Regulation and                                                                                                           Governments
                                                                                                                      entity is liable under CERCLA 107(a).
                                               Regulatory Review                                                      Any such liability exists regardless of                                    This action does not have tribal
                                                 This action is not a significant                                     whether the site is listed on the NPL                                    implications as specified in Executive
                                               regulatory action and was therefore not                                through this rulemaking.                                                 Order 13175. Listing a site on the NPL
                                               submitted to the Office of Management                                                                                                           does not impose any costs on a tribe or
                                                                                                                      E. Unfunded Mandates Reform Act
                                               and Budget (OMB) for review.                                                                                                                    require a tribe to take remedial action.
                                                                                                                      (UMRA)
                                                                                                                                                                                               Thus, Executive Order 13175 does not
                                               B. Executive Order 13771: Reducing                                        This action does not contain any                                      apply to this action.
                                               Regulation and Controlling Regulatory                                  unfunded mandate as described in
                                               Costs                                                                                                                                           H. Executive Order 13045: Protection of
                                                                                                                      UMRA, 2 U.S.C. 1531–1538, and does
                                                                                                                                                                                               Children From Environmental Health
                                                 This action is not expected to be an                                 not significantly or uniquely affect small
                                                                                                                                                                                               and Safety Risks
                                               Executive Order 13771 regulatory action                                governments. This action imposes no
                                               because this action is not significant                                 enforceable duty on any state, local or                                     The EPA interprets Executive Order
                                               under Executive Order 12866.                                           tribal governments or the private sector.                                13045 as applying only to those
                                                                                                                      Listing a site on the NPL does not itself                                regulatory actions that concern
                                               C. Paperwork Reduction Act (PRA)                                       impose any costs. Listing does not mean                                  environmental health or safety risks that
                                                 This action does not impose an                                       that the EPA necessarily will undertake                                  the EPA has reason to believe may
                                               information collection burden under the                                remedial action. Nor does listing require                                disproportionately affect children, per
                                               PRA. This rule does not contain any                                    any action by a private party, state, local                              the definition of ‘‘covered regulatory
                                               information collection requirements that                               or tribal governments or determine                                       action’’ in section 2–202 of the
                                               require approval of the OMB.                                           liability for response costs. Costs that                                 Executive Order. This action is not
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                                                                                                                      arise out of site responses result from                                  subject to Executive Order 13045
                                               D. Regulatory Flexibility Act (RFA)                                    future site-specific decisions regarding                                 because this action itself is procedural
                                                  I certify that this action will not have                            what actions to take, not directly from                                  in nature (adds sites to a list) and does
                                               a significant economic impact on a                                     the act of placing a site on the NPL                                     not, in and of itself, provide protection
                                               substantial number of small entities                                                                                                            from environmental health and safety
                                                                                                                      F. Executive Order 13132: Federalism
                                               under the RFA. This action will not                                                                                                             risks. Separate future regulatory actions
                                               impose any requirements on small                                         This rule does not have federalism                                     are required for mitigation of
                                               entities. This rule listing sites on the                               implications. It will not have substantial                               environmental health and safety risks.


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                                                                        Federal Register / Vol. 83, No. 96 / Thursday, May 17, 2018 / Proposed Rules                                           22923

                                               I. Executive Order 13211: Actions That                  FEDERAL COMMUNICATIONS                                see the SUPPLEMENTARY INFORMATION
                                               Significantly Affect Energy Supply,                     COMMISSION                                            section of this document.
                                               Distribution, or Use                                                                                          FOR FURTHER INFORMATION CONTACT:
                                                                                                       47 CFR Parts 1, 32, 51, 61, and 69                    Justin Faulb, Wireline Competition
                                                 This action is not subject to Executive                                                                     Bureau, Pricing Policy Division at 202–
                                                                                                       [WC Docket No. 17–144; FCC 18–46]
                                               Order 13211, because it is not a                                                                              418–1589 or via email at Justin.Faulb@
                                               significant regulatory action under                     Regulation of Business Data Services                  fcc.gov.
                                               Executive Order 12866.                                  for Rate-of-Return Local Exchange                        For additional information concerning
                                                                                                       Carriers                                              any potential information collection
                                               J. National Technology Transfer and
                                                                                                                                                             requirements contained in this
                                               Advancement Act (NTTAA)                                 AGENCY:  Federal Communications                       document, send an email to PRA@
                                                                                                       Commission.                                           fcc.gov or contact Nicole Ongele at
                                                 This rulemaking does not involve
                                                                                                       ACTION: Proposed rule.                                Nicole.Ongele@fcc.gov.
                                               technical standards.
                                                                                                                                                             SUPPLEMENTARY INFORMATION: This is a
                                               K. Executive Order 12898: Federal                       SUMMARY:    In this document, the                     summary of the Commission’s Notice of
                                               Actions To Address Environmental                        Commission proposes to allow rate-of-                 Proposed Rulemaking (NPRM), WC
                                               Justice in Minority Populations and                     return carriers receiving universal                   Docket No. 17–144; FCC 18–46, adopted
                                               Low-Income Populations                                  service support under the Alternative                 on April 17, 2018 and released on April
                                                                                                       Connect America Cost Model (A–CAM)                    18, 2018. The full-text of this document
                                                 The EPA believes the human health or                  to voluntarily migrate their lower speed              may be found at the following internet
                                               environmental risk addressed by this                    circuit-based business data service                   address: https://apps.fcc.gov/edocs_
                                               action will not have potential                          (BDS) offerings to incentive regulation.              public/attachmatch/FCC-18-46A1.doc.
                                               disproportionately high and adverse                     It also seeks comment on whether to                      Pursuant to §§ 1.415 and 1.419 of the
                                               human health or environmental effects                   remove ex ante pricing regulation from                Commission’s rules, 47 CFR 1.415,
                                               on minority, low-income or indigenous                   these carriers’ higher speed BDS                      1.419, interested parties may file
                                               populations because it does not affect                  offerings and on whether further                      comments and reply comments on or
                                               the level of protection provided to                     regulatory relief is warranted for these              before the dates indicated on the first
                                               human health or the environment. As                     carriers’ lower-speed circuit-based BDS               page of this document in Dockets WC
                                               discussed in Section I.C. of the                        in areas deemed competitive by a                      17–144. Comments may be filed using
                                                                                                       potential competitive market test.                    the Commission’s Electronic Comment
                                               preamble to this action, the NPL is a list
                                                                                                       Additionally, the document proposes to                Filing System (ECFS).
                                               of national priorities. The NPL is
                                                                                                       allow other rate-of-return carriers                      • Electronic Filers: Comments may be
                                               intended primarily to guide the EPA in                  receiving fixed support to opt into the               filed electronically using the internet by
                                               determining which sites warrant further                 same incentive regulation proposed for                accessing the ECFS: http://apps.fcc.gov/
                                               investigation to assess the nature and                  A–CAM carriers. Finally, the                          ecfs/.
                                               extent of public health and                             Commission seeks comment on                              • Paper Filers: Parties who choose to
                                               environmental risks associated with a                   proposed rule changes that would                      file by paper must file an original and
                                               release of hazardous substances,                        implement the proposals made in this                  one copy of each filing. If more than one
                                               pollutants or contaminants. The NPL is                  document, including corrections to                    docket or rulemaking number appears in
                                               of only limited significance as it does                 inaccuracies contained in its current                 the caption of this proceeding, filers
                                               not assign liability to any party. Also,                rules.                                                must submit two additional copies for
                                               placing a site on the NPL does not mean                                                                       each additional docket or rulemaking
                                                                                                       DATES:  Comments are due on or before
                                               that any remedial or removal action                                                                           number.
                                                                                                       June 18, 2018; reply comments are due                    Filings can be sent by hand or
                                               necessarily need be taken.                              on or before July 2, 2018. Parties that               messenger delivery, by commercial
                                               List of Subjects in 40 CFR Part 300                     believe this document may contain new                 overnight courier, or by first-class or
                                                                                                       or modified information collection                    overnight U.S. Postal Service mail. All
                                                 Environmental protection, Air                         requirements may submit written                       filings must be addressed to the
                                               pollution control, Chemicals, Hazardous                 Paperwork Reduction Act (PRA)                         Commission’s Secretary: Office of the
                                               substances, Hazardous waste,                            comments to the Office of Management                  Secretary, Federal Communications
                                               Intergovernmental relations, Natural                    and Budget (OMB), and other interested                Commission.
                                               resources, Oil pollution, Penalties,                    parties on or before July 16, 2018.                      • All hand-delivered or messenger-
                                               Reporting and recordkeeping                             ADDRESSES: You may submit comments,                   delivered paper filings for the
                                               requirements, Superfund, Water                          identified by WC Docket No. 17–144, by                Commission’s Secretary must be
                                               pollution control, Water supply.                        any of the following methods:                         delivered to FCC Headquarters at 445
                                                                                                         • Federal Communications                            12th St. SW, Room TW–A325,
                                                 Authority: 33 U.S.C. 1321(d); 42 U.S.C.
                                                                                                       Commission’s Website: http://                         Washington, DC 20554. The filing hours
                                               9601–9657; E.O. 13626, 77 FR 56749, 3CFR,
                                                                                                       apps.fcc.gov/ecfs//. Follow the                       are 8:00 a.m. to 7:00 p.m. All hand
                                               2013 Comp., p. 306; E.O. 12777, 56 FR 54757,
                                                                                                       instructions for submitting comments.                 deliveries must be held together with
                                               3 CFR, 1991 Comp., p.351; E.O. 12580, 52 FR
                                                                                                         • People with Disabilities: Contact the             rubber bands or fasteners. Any
                                               2923, 3 CFR, 1987 Comp., p.193.
                                                                                                       FCC to request reasonable                             envelopes and boxes must be disposed
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                                                 Dated: May 9, 2018.                                   accommodations (accessible format                     of before entering the building.
                                               Barry N. Breen,                                         documents, sign language interpreters,                   • Commercial overnight mail (other
                                               Acting Assistant Administrator, Office of               CART, etc.) by email: FCC504@fcc.gov                  than U.S. Postal Service Express Mail
                                               Land and Emergency Management.                          or phone: 202–418–0530 or TTY: 888–                   and Priority Mail) must be sent to 9050
                                               [FR Doc. 2018–10466 Filed 5–16–18; 8:45 am]             835–5322.                                             Junction Drive, Annapolis Junction, MD
                                                                                                         For detailed instructions for                       20701.
                                               BILLING CODE 6560–50–P
                                                                                                       submitting comments and additional                       • U.S. Postal Service first-class,
                                                                                                       information on the rulemaking process,                Express, and Priority mail must be


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Document Created: 2018-05-17 00:50:44
Document Modified: 2018-05-17 00:50:44
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionProposed Rules
ActionProposed rule.
DatesComments regarding any of these proposed listings must be submitted (postmarked) on or before July 16, 2018.
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 Citation83 FR 22918 
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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