[Federal Register Volume 67, Number 33 (Tuesday, February 19, 2002)]
[Rules and Regulations]
[Pages 7576-7579]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-3764]



[[Page 7575]]

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Part VI





Environmental Protection Agency





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40 CFR Part 300



National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List; Final Rule and Proposed Rule

  Federal Register / Vol. 67, No. 33 / Tuesday, February 19, 2002 / 
Rules and Regulations  

[[Page 7576]]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-7144-2]


National Oil and Hazardous Substance Pollution Contingency Plan; 
National Priorities List

AGENCY: Environmental Protection Agency.

ACTION: Direct final notice of deletion of the Luke Air Force Base 
Superfund Site from the National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 9 is 
publishing a direct final notice of deletion of the Luke Air Force Base 
(AFB) Superfund Site (Site), located in Glendale, AZ from the National 
Priorities List (NPL).
    The NPL, promulgated pursuant to Section 105 of the Comprehensive 
Environmental Response, Compensation, and Liability Act (CERCLA) of 
1980, as amended, is appendix B of 40 CFR part 300, which is the 
National Oil and Hazardous Substances Pollution Contingency Plan (NCP). 
This direct final notice of deletion is being published by EPA with the 
concurrence of the State of Arizona through the Arizona Department of 
Environmental Quality (ADEQ) because EPA has determined that all 
appropriate response actions under CERCLA have been completed and, 
therefore, further remedial action pursuant to CERCLA is not 
appropriate.

DATES: This direct final deletion will be effective April 22, 2002, 
unless EPA receives adverse comments by March 21, 2002. If adverse 
comments are received, EPA will publish a timely withdrawal of the 
direct final deletion in the Federal Register informing the public that 
the deletion will not take effect.

ADDRESSES: Comments may be mailed to: Xuan-Mai Tran, Remedial Project 
Manager (RPM) (SFD-8-3), [email protected], U.S. EPA Region 9, 75 
Hawthorne Street, San Francisco, CA USA 94105, 415-972-3002 or 1-800-
231-3075.
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying at the Site information 
repositories located at: U.S. EPA Region 9 Superfund Record Center, 95 
Hawthorne Street, San Francisco CA USA 94105, 415-536-2000 Monday 
through Friday 8:00 a.m. to 5:00 p.m.; Glendale Public Library, 5959 
West Brown Street, Glendale, AZ 85302, 623-930-3531; Arizona Department 
of Environmental Quality, WPD/SPS/FPU Section/Federal Projects Unit, 
3033 N. Central Ave., Phoenix, AZ 85012, 602-207-2300 or 1-800-234-
5677.

FOR FURTHER INFORMATION CONTACT: Xuan-Mai Tran, Remedial Project 
Manager (SFD-8-3), [email protected], U.S. EPA Region 9, 75 
Hawthorne Street, San Francisco, CA USA, 94105, 415-972-3002 or 1-800-
231-3075.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Deletion Procedures
IV. Basis for Site Deletion
V. Deletion Action

I. Introduction

    EPA Region 9 is publishing this direct final notice of deletion of 
the Luke AFB Superfund Site from the NPL.
    The EPA identifies sites that appear to present a significant risk 
to public health or the environment and maintains the NPL as the list 
of those sites. As described in Sec. 300.425(e)(3) of the NCP, sites 
deleted from the NPL remain eligible for remedial actions if conditions 
at a deleted site warrant such action.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective April 22, 2002, unless 
EPA receives adverse comments by March 21, 2002, on this notice or the 
parallel notice of intent to delete published in the Proposed Rules 
section of today's Federal Register. If adverse comments are received 
within the 30-day public comment period on this document or the Notice 
of Intent to Delete, EPA will publish a timely withdrawal of this 
Direct Final Notice of Deletion before the effective date of the 
deletion and the deletion will not take effect. EPA will, as 
appropriate, prepare a response to comments and continue with the 
deletion process on the basis of the notice of intent to delete and the 
comments already received. There will be no additional opportunity to 
comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the Luke AFB Superfund Site and 
demonstrates how it meets the deletion criteria. Section V discusses 
EPA's action to delete the Site from the NPL unless adverse comments 
are received during the public comment period.

II. NPL Deletion Criteria

    Section 300.425(e) of the NCP provides that releases may be deleted 
from the NPL where no further response is appropriate. In making a 
determination to delete a release from the NPL, EPA shall consider, in 
consultation with the State, 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 Fund-financed (Hazardous Substance Superfund 
Response Trust Fund) response under CERCLA has been implemented, and 
no further response action by responsible parties is appropriate; or
    iii. The remedial investigation has shown that the release poses 
no significant threat to public health or the environment and, 
therefore, the taking of remedial measures is not appropriate.
    Even if a site is deleted from the NPL, where hazardous substances, 
pollutants, or contaminants remain at the deleted site above levels 
that allow for unlimited use and unrestricted exposure, CERCLA section 
121(c), 42 U.S.C. 9621(c) requires that a subsequent review of the site 
be conducted at least every five years after the initiation of the 
remedial action at the deleted site to ensure that the action remains 
protective of public health and the environment. If new information 
becomes available which indicates a need for further action, EPA may 
initiate remedial actions. Whenever there is a significant release from 
a site deleted from the NPL, the deleted site may be restored to the 
NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to deletion of the Site:

    (1) The EPA consulted with Arizona on the deletion of the Site 
from the NPL prior to developing this direct final notice of 
deletion.
    (2) Arizona concurred with deletion of the Site from the NPL.
    (3) Concurrently with the publication of this direct final 
notice of deletion, a notice of the availability of the parallel 
notice of intent to delete published today in the ``Proposed Rules'' 
section of the Federal Register is being published in a major local 
newspaper of general circulation at or near the Site and is being 
distributed to appropriate federal, state, and local government 
officials and other interested parties; the newspaper notice 
announces the 30-day public comment period concerning the notice of 
intent to delete the Site from the NPL.
    (4) The EPA placed copies of documents supporting the deletion 
in the Site information repositories identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this notice or the companion notice of intent to 
delete also published in today's Federal Register, EPA will publish 
a timely notice of

[[Page 7577]]

withdrawal of this direct final notice of deletion before its 
effective date and will prepare a response to comments and continue 
with the deletion process on the basis of the notice of intent to 
delete and the comments already received.

    Deletion of a site from the NPL does not itself create, alter, or 
revoke any individual's rights or obligations. Deletion of a site from 
the NPL does not in any way alter EPA's right to take enforcement 
actions, as appropriate. The NPL is designed primarily for 
informational purposes and to assist EPA management. Section 
300.425(e)(3) of the NCP states that the deletion of a site from the 
NPL does not preclude eligibility for future response actions, should 
future conditions warrant such actions.

IV. Basis for Site Deletion

    The following information provides EPA's rationale for deleting the 
Site from the NPL:

Site Location

    Luke AFB, an advanced fighter pilot training installation, covers 
approximately 4,000 acres west of the Phoenix metropolitan area in 
Glendale, Arizona.

Site History

    Luke AFB is an active Air Force installation. Aircraft maintenance 
and light industrial operations which support advanced flight training 
missions have been in existence at Luke AFB since its inception in 
1941. These activities generated potentially hazardous wastes such as 
petroleum residues, cleaning solvents, and other related materials.
    The central and western portions of Luke AFB include the runways, 
aircraft operation, training, and maintenance facilities, and open 
space. The eastern portion of the Base consists of a variety of 
administrative offices, barracks, recreation centers, residential 
housing, the Base hospital, and other commercial areas.
    The site was listed on the National Priorities List on August 30, 
1990. On September 27, 1990, the EPA, Arizona Department of 
Environmental Quality (ADEQ), Arizona Department of Water Resources 
(ADWR), and the United States Air Force (USAF) signed a Federal 
Facilities Agreement (FFA) to establish the procedural framework for 
conducting the required environmental investigations at Luke AFB.

Remedial Investigation and Feasibility Study (RI/FS)

    To aid in the management of the remedial investigation/feasibility 
study (RI/FS), the FFA parties divided the thirty-three potential 
sources of contamination (PSCs) sites into two Operable Units, OU-1 and 
OU-2. OU-1 included the investigation of the soils at twenty-five PSCs 
and the Base-wide investigation of air, surface water, and groundwater 
resources. OU-2 included the investigation of soils at eight PSCs sites 
at which petroleum-related wastes were believed to have been disposed.

Record of Decision Findings

    OU-1: The Record of Decision (ROD) for OU-1 was signed in May 1999. 
This document was issued by EPA to set forth the results of the 
investigation of the soils at twenty-five PSCs and the Base-wide 
investigation of air, surface water, and groundwater resources:
     Eight of those twenty-five PSCs (OT-01, OT-08, OT-09, DP-
24, SS-15, SS-16, ST-19, and OT-10) were classified as ``No Action'' 
because either: (1) data obtained during an extensive review of Base 
records showed that hazardous materials or wastes were never handled or 
disposed at these areas, (2) the PSCs contained underground storage 
tanks and therefore were placed under the jurisdiction of the ADEQ 
Underground Storage Tanks section, or (3) the PSCs were consolidated 
with other PSCs. These eight PSCs did not require further action under 
Superfund Authority.
     Nine more of those twenty-five PSCs (SS-11, OT-12, SS-17, 
SD-20, SD-21, SD-26, LF-37, SD-39, and OT-41) were also classified as 
``No Action.'' These PSCs were evaluated initially in the Remedial 
Investigation (RI) and in the Base-wide Risk Assessment, but remedial 
actions were not developed for these PSCs because the risk assessment 
showed that the risks were within or below the EPA's risk-based 
remediation benchmarks for unrestricted use. These nine PSCs did not 
require cleanup.
     Five more PSCs (LF-03, FT-07E, DP-13, LF-14, and SD-38) 
need institutional controls only. Institutional controls will serve to 
maintain the current site conditions and will control the risks to 
human health by prohibiting residential development and requiring 
personal protective equipment in the case of excavation.
    At the remaining three PSCs, EPA required the Air Force to conduct 
remedial actions:
     PSC RW-02 is the former 28-acre landfill located within 
the Wastewater Treatment Plant (WWTP) annex area and is located 
approximately two miles east of the main Base. This landfill served as 
the main refuse disposal location for Luke AFB from 1953 to 1970. 
Investigations concluded that concentrations of chemicals of concern 
(COCs) identified for soil (BNAs, TRPH, metals) and groundwater (i.e., 
arsenic, lead) at RW-02 did not pose adverse health effects under 
current land use scenarios (military/industrial).
    However, within a portion of the PSC RW-02, a small quantity of 
low-level radioactive electron tubes and radium dials were buried in a 
concrete containment structure in 1956. The buried containment 
structure is double-fenced and designated with signs warning of the 
presence of radiological materials. Recent monitoring results indicate 
that the soils surrounding the buried containment structure have not 
been impacted and that surface measurements are comparable to 
background levels. Although the investigations and Base-wide risk 
assessment concluded that current risks from radionuclides are within 
or below acceptable risks levels for current use, the presence of the 
buried low-level radioactive containment structure would prevent 
residential land use in the future. The remedial actions selected for 
the structure include: long-term radiological monitoring, at least once 
a year for the next 30 years, and perimeter fencing and other 
institutional controls prohibiting residential development.
    At PSC LF-25, the Northwest Landfill consists of an area formerly 
used for landfilling along the southwest boundary of the Base, between 
the west perimeter and the northwest runway. Portions of this landfill 
are located immediately downrange of the Base skeet shooting range. 
Lead and antimony were present in the surface soils in the form of 
metal shot that was fired from the adjacent Base skeet shooting range. 
Metal shot was remediated via mechanical sifting and gravimetric 
separation, and metals recovery. Institutional controls were imposed 
prohibiting residential development and requiring personal protective 
equipment in the case of excavation.
     PSC SS-42 was the Bulk Fuels Storage area where volatile 
organic compounds and waste oil were detected constituents in 
groundwater samples. The Air Force was required to conduct soil vapor 
extraction (SVE) and five years of groundwater monitoring after the SVE 
was completed. An initial soil confirmation sampling event was 
conducted in June 1997. Post-remediation sampling was conducted in 
January of 1999.
    OU-2: The Record of Decision for OU-2 was signed in January 1994. 
This document was issued by EPA to set forth the results of the 
investigation of

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soils at eight PSCs at which petroleum-related wastes were believed to 
have been disposed.
     Six PSCs (OT-04, DP-05, FT-06, FT-07W, DP-22, and SD-40) 
were classified as ``No Action'' because the OU-2 site-specific risk 
assessment concluded that soil conditions did not represent a 
significant hazard to human health or the environment.
    At the other two PSCs, EPA required the Air Force to conduct 
remedial actions:
     PSC ST-18 (Facility 993) consists of a former liquid waste 
storage facility located in the southern part of the Base. Capping, 
surface controls, and monitoring the concrete cap were required as 
remedies for PSC ST-18. Maintenance and inspection of the concrete cap 
is an ongoing requirement. Also, groundwater monitoring will take place 
during each five-year review.
     PSC DP-23 (old surface impoundment west of Facility 999): 
Excavation, soil composting, confirmation sampling, and on-site 
disposal of impacted soils were required as remedies for this PSC.

Characterization of Risk

    The Air Force conducted a baseline Base-wide risk assessment for 
Luke AFB to evaluate risks associated with exposure to soils at each of 
the OU-1 and OU-2 PSCs and a Base-wide evaluation of risks associated 
with exposure to constituents detected in soil, groundwater, surface 
water, sediment and air. The risk assessment was prepared based on the 
analytical results of soil, sediment, surface water, and groundwater 
collected as part of the RIs for OU-1 and OU-2 and related 
investigations for the period 1989 through 1996. The methodology used 
for the human health portion of the Base-wide risk assessment was 
developed based on criteria established by the EPA for conducting risk 
assessments at Superfund sites.
    In addition to evaluating potential human health risks, an 
ecological risk assessment was also performed. Based on the results of 
the ecological risk assessment, it is unlikely site-related chemicals 
of concern (COC) concentrations would propose a risk to ecological 
receptors at Luke AFB. The selected remedies at Luke AFB are protective 
of human health and the environment and exposure pathways that could 
result in unacceptable risks are being controlled.

Response Actions and Cleanup Standards

    OU-1:
     Five PSCs (LF-03, FT-07E, DP-13, LF-14, and SD-38) need 
institutional controls only. Institutional controls consist of a 
Voluntary Environmental Mitigation Use Restrictions (VEMUR) and 
constraints within the Base General Plan (BGP) that must be 
implemented, maintained, and enforced to limit future residential 
development. Depending on the specific site conditions, a variety of 
different institutional controls may be used alone or combined to 
provide the appropriate level of protection. Institutional controls 
will serve to maintain the current site conditions and will control the 
risks to human health by prohibiting residential development and 
requiring personal protective equipment in the case of excavation. The 
specific remedial components implemented were VEMURs, modifications to 
the BGP, and development of an Institutional Control Plan (ICP).
     PSC RW-02, Wastewater Treatment Annex Landfill: The Air 
Force was required to conduct long-term (30-year) monitoring, install 
fencing, and put in place institutional controls at the low-level 
radioactive area. Perimeter fencing was installed around the low-level 
radioactive area. Signs were attached to the fence to clearly indicate 
that radioactive materials were present. Institutional controls include 
a VEMUR, modifications to BGP, and development of an ICP to restrict 
residential development.
     PSC LF-25, Northwest Landfill: The Air Force was required 
to conduct shot recovery activities which included mechanical sifting 
of soil and gravimetric separation methods to reduce the concentration 
of lead and antimony. Approximately 2,800 pounds of metal shot were 
recovered from the site. Based on the results of the analysis after the 
completion of the recovery process, lead and antimony were not detected 
above their respective Arizona Soil Remediation Levels for residential 
use standards of 400 mg/kg and 31 mg/kg respectively. Institutional 
controls components included a VEMUR, modifications to BGP, and 
development of an ICP to restrict residential development and to impose 
restrictions while excavating in the area.
     PSC SS-42, Bulk Fuels Storage: The Air Force was required 
to install a SVE system that operated from August 1996 to November 1998 
removing 66,586 gallons of total volatile hydrocarbons. Post-SVE 
sampling showed that the subsurface soil was cleaned up to protective 
levels using the Arizona Groundwater Protection Levels model. The ROD 
requires that groundwater monitoring will be conducted annually upon 
completion of the SVE for a minimum of five years. If petroleum-related 
contaminants are not detectable in the groundwater during the 
monitoring period, no additional groundwater monitoring will be 
required. However, if conditions change during the monitoring period 
and petroleum related contaminants are detected at concentrations above 
the levels established in the ROD for groundwater, the need for 
additional monitoring will be reexamined, and an alternative monitoring 
program may be necessary. The first annual groundwater monitoring for 
this site was completed on May 16, 2000. The analytical results 
indicate that the groundwater did not contain total petroleum 
hydrocarbons (TPH) or volatile organic compounds (VOCs) above the 
levels established in the ROD or above laboratory detection limits. No 
additional construction activities are required.
    OU-2:
     PSC ST-18: The contaminants of concern are TPH and VOCs. 
The Air Force was required to install a concrete cap in 1987 as part of 
the Resource Conservation and Recovery Act (RCRA) closure requirements. 
There were no other construction activities associated with this 
remedy. The Air Force was required to maintain and repair the concrete 
cap as needed in accordance with the Air Force design guidance for 
airfield pavement maintenance. The remedy also requires 30 years of 
groundwater monitoring. The groundwater monitoring plan was developed 
prior to EPA's CERCLA involvement. The plan is consistent with standard 
EPA sampling and analytical protocols and provides data of known 
quality. Groundwater sampling through 1999 indicates no quantifiable 
concentrations of hazardous substances in the groundwater resources 
above Federal and State drinking water standards. In addition to the 
groundwater monitoring, a vadose-zone model, Multimed, was utilized to 
determine the leaching effects of the chemicals of concern present at 
their corresponding depths. It was determined that there would be 
negligible impact to the groundwater from the waste left in place.
     PSC DP-23, Old surface impoundment west of Facility 999: 
The contaminants of concern are polynuclear aromatic hydrocarbons 
(PAHs). The remedial actions required were excavation, soil composting 
to respective Preliminary Remediation Goals (PRGs), on-site disposal, 
and monitoring. Upon completion of soil composting activities, the 
highest detected concentration of

[[Page 7579]]

benzo(a)pyrene was 0.508 mg/kg which did not exceed its corresponding 
PRG of 0.78 mg/kg. The standard was Region 9 Industrial PRGs. No other 
PAHs were detected. The ROD did not require that institutional control 
measures be implemented for this site. The BGP limits types of 
activities, including residential development, in areas adjacent to the 
runway. Since this site is adjacent to the runway, the BGP provides 
restrictions against residential development, as long as the facility 
remains an active military base.
    The Luke AFB conducted a final PSCs inspection in August 1997. 
Also, EPA and ADEQ conducted a final site inspection in April 2000 and 
determined that the Air Force has constructed the remedy in accordance 
with the requirements in the RODs for OU-1 and OU-2, and the Remedial 
Action Work Plans. The Air Force completed all activities necessary to 
achieve performance standards, and initiated activities necessary to 
achieve site cleanup completion.

Operation and Maintenance

    The final ICP dated December 15, 2000 provides specific 
requirements for the establishment, implementation, and maintenance of 
institutional controls at Luke AFB. Institutional controls are an 
integral part of the remedial alternatives selected for Luke AFB. The 
ICP was designed to facilitate training and education of all personnel 
involved with the implementation and enforcement of the required 
institutional controls. The ICP details the objectives and rationales 
for establishing institutional controls and describes the procedures 
that will be implemented to ensure that the required institutional 
controls are enforced. The ICP also includes provisions for annual 
reviews and updates of the BGP, thus ensuring regular checks and 
balances are in place into the foreseeable future.
    Ongoing monitoring is required at PSC RW-02 and PSC SS-42. The 
requirements for monitoring at RW-02 are outlined in the November 2000 
Long-Term Radiological Monitoring Plan. The requirements for monitoring 
at PSC SS-42 included 5-years of groundwater monitoring and the details 
are outlined in the November 2000 Long-Term Monitoring Plan. Also, 
there are ongoing operations and maintenance requirements associated 
with the selected remedial alternative for PSC ST-18. As per the OU-2 
ROD, Luke AFB maintains and repairs the concrete cap as needed in 
accordance with the Air Force design guidance for airfield pavement 
maintenance. This guidance is contained in the Air Force technical 
manual CEEDO-TR-77-44, Volume II, Section V, Guidelines for Determining 
Maintenance and Repair Requirements. Once Luke AFB is delisted from the 
NPL, ADEQ will continue the oversight on long-term activities at the 
Base.

Five-Year Review

    The CERCLA or Superfund requires a five-year review of all sites 
with hazardous substances remaining above the health-based levels for 
unrestricted use of the site. Pursuant to CERCLA 121 (c) and as 
provided in the current guidance on five-year reviews, the AF, ADEQ, 
and EPA will conduct statutory reviews at this site. The AF submitted 
the Draft Final of the First Five Year Review (Report) on December 3, 
2001. EPA agreed with the findings, conclusions, and recommendations 
provided in the Report, and concurred with the AF that the remedies 
remain protective of human health and the environment at Luke AFB. EPA 
signed the concurrence letter on January 30, 2002. The AF is scheduled 
to complete the next Five Year Review by January 2007.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42 
U.S.C. 9617. Documents in the deletion docket which EPA relied on for 
recommendation of the deletion from the NPL are available to the public 
in the information repositories.

V. Deletion Action

    The EPA, with concurrence of the State of Arizona, has determined 
that all appropriate responses under CERCLA have been completed, and 
that no further response actions, under CERCLA, other than O&M and 
five-year reviews, are necessary. Therefore, EPA is deleting the Site 
from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication of a notice of 
intent to delete. This action will be effective April 22, 2002, unless 
EPA receives adverse comments by March 21, 2002, on a parallel notice 
of intent to delete published in the Proposed Rule section of today's 
Federal Register. If adverse comments are received within the 30-day 
public comment period on the proposal, EPA will publish a timely 
withdrawal of this direct final notice of deletion before the effective 
date of the deletion and it will not take effect, and EPA will prepare 
a response to comments and continue with the deletion process on the 
basis of the notice of intent to delete and the comments already 
received. There will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

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

    Dated: February 6, 2002.
Wayne Nastri,
Regional Administrator, Region 9.

    For the reasons set out in this document, 40 CFR part 300 is 
amended as follows:

PART 300--[AMENDED]

    1. The authority citation for Part 300 continues to read as 
follows:

    Authority: 33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923, 3 CFR, 1987 Comp., p. 193.

Appendix B--[Amended]

    2. Table 2 of appendix B to part 300 is amended under Arizona 
(``AZ'') by removing the site name ``Luke Air Force Base'' and the city 
``Glendale.''
[FR Doc. 02-3764 Filed 2-15-02; 1:38 pm]
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