[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Notices]
[Pages 44488-44489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21278]



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ENVIRONMENTAL PROTECTION AGENCY
[FRL-5286-5]


Availability of State Deferral Guidance and Response to Comments

AGENCY: Environmental Protection Agency.

ACTION: Notice of availability.

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SUMMARY: The Agency is informing the public of the availability of two 
documents concerning the newly established Superfund State deferral 
program: ``Guidance on Deferral of NPL Listing Determinations While 
States Oversee Response Actions'' (OSWER Directive 9375.6-11), issued 
on May 3, 1995; and ``Response to Comments on the 1988 Proposed NCP 
Deferral Policy Concept'' (OSWER Directive 9375.6-11A), issued on May 
3, 1995.

FOR FURTHER INFORMATION CONTACT: The guidance (Order Number PB95-
963223) and response to comments (Order Number PB95-963225) are 
available for $17.50 each (plus shipping and handling) through the 
National Technical Information Service (NTIS), 5285 Port Royal Road, 
Springfield, VA 22161. For further information or to order documents by 
phone, call 703-487-4650 for Regular Service, or 800-553-NTIS for Rush 
Service.

SUPPLEMENTARY INFORMATION:

A. Background

    The preamble to the 1988 proposed National Oil and Hazardous 
Substance Pollution Contingency Plan (NCP) announced that the 
Environmental Protection Agency (EPA) was considering expanding the 
existing policy of deferring sites from inclusion on the National 
Priorities List (NPL). The Agency requested and received public 
comments on its proposal to defer sites to other Federal authorities, 
States, and/or potentially responsible parties (PRPs). The 1990 
preamble to the final NCP stated that EPA would not decide the deferral 
policy issue at that time, but that should the Agency ``decide in the 
future to consider establishing an expansion to deferral policies,'' it 
would respond then to the comments received (See 54 FR 8667, Mar. 8, 
1990).

B. Summary of Guidance Document

    Based on the EPA June 23, 1993, ``Superfund Administrative 
Improvements Final Report'' (OSWER Directive 9200.0-14-2), EPA 
established an initiative to ``Enhance State Role.'' Under this 
initiative, the Agency developed a guidance on deferring consideration 
of certain sites for listing on the NPL, while interested States, 
Territories, Commonwealths, or federally-recognized Indian Tribes 
compel and oversee response actions conducted and funded by PRPs. This 
``Guidance on Deferral of NPL Listing Determinations While States 
Oversee Response Actions'' is now complete and is being issued under 
the 1995 Superfund Administrative Reforms (February 13, 1995, Elliott 
Laws and Steven Herman memorandum, ``Announcement of Superfund 
Administrative Reforms'').
    The guidance document has several components to ensure that 
responses are protective of human health and the environment, and 
foster public involvement while balancing competing needs for 
flexibility and accountability. The guidance is divided into sections 
which address: criteria applicants should meet to participate in the 
program; criteria for determining which sites are eligible for 
deferral; provisions for cleanup levels to be achieved at deferred 
sites; procedural requirements; and provisions for EPA oversight, 
financial assistance, community participation, and response completion 
or termination. A ``question and answer'' appendix supplements the 
guidance. Under the deferral program:

--NPL caliber sites may be deferred to States or Tribes for response 
actions that will be conducted under State or Tribal authority (Federal 
facilities or sites listed on the NPL are not eligible for deferral);
--response actions generally will be conducted by viable, cooperative 
PRPs with State or Tribal oversight;
--response actions must be protective of human health and the 
environment and meet State or Tribal and Federal applicable 
requirements;
--a site may not be deferred if the affected community has significant, 
valid objections;
--the level of EPA oversight of State actions at deferred sites will be 
minimal; and
--once a deferral response is complete, the site will be removed from 
CERCLIS and EPA will have no further interest in considering the site 
for the NPL unless it receives new information of a release or 
potential release that poses a significant threat to human health or 
the environment.

C. Summary of Response Document

    The ``Response to Comments on the 1988 Proposed NCP Deferral Policy 
Concept'' fulfills the Agency's commitment to respond to the comments 
EPA received regarding the deferral policy concept introduced in the 
1988 proposed NCP. The response addresses the 1988 proposal to defer 
sites to State authorities and does not consider proposed deferral 
policies to other authorities or PRPs which are not addressed by the 
guidance. Major comments are summarized by subject, and responses 
reflect EPA policy presented in the guidance.

 
[[Page 44489]]

    Dated: August 17, 1995.
Elliott P. Laws,
Assistant Administrator for Solid Waste and Emergency Response.
[FR Doc. 95-21278 Filed 8-25-95; 8:45 am]
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