[Federal Register Volume 71, Number 249 (Thursday, December 28, 2006)]
[Rules and Regulations]
[Pages 78094-78095]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-22298]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[FRL-8262-9]


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

AGENCY: Environmental Protection Agency.

ACTION: Deletion of the Brio Refining, Inc. Superfund Site from the 
National Priorities List.

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SUMMARY: The Environmental Protection Agency (EPA) Region 6 announces 
the deletion of the Brio Refining, Inc. Superfund Site (Site), located 
in Friendswood, Texas, 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 action is being taken by EPA with the concurrence of the State of 
Texas, through the Texas Commission on Environmental Quality (TCEQ), 
because EPA has determined that all appropriate response actions under 
CERCLA have been completed. Moreover, EPA and TCEQ have determined that 
with proper monitoring, operation and maintenance, this Site poses no 
significant threat to public health or the environment.

DATES: Effective Date: December 28, 2006.

FOR FURTHER INFORMATION CONTACT: John C. Meyer, Remedial Project 
Manager, U.S. EPA Region 6 (6SF-LP), 1445 Ross Avenue, Dallas, TX 
75202-2733, (214) 665-6742 or 1-800-533-3508 ([email protected]).
    Information Repositories: Comprehensive information about the Site 
is available for viewing and copying during central standard time at 
the Site information repositories located at: U.S. EPA Region 6 
Library, 7th Floor, 1445 Ross Avenue, Suite 1200, Dallas, Texas 75202-
2733, (214) 665-6424, Monday through Friday 9 a.m. to 12 p.m. and 1 
p.m. to 4 p.m.; San Jacinto College, South Campus Library, 13735 Beamer 
Road, Houston, Texas, 77089, (281) 992-3416, Monday through Thursday 8 
a.m. to 9 p.m.; Friday 8 a.m. to 3 p.m.; Saturday 10 a.m. to 1 p.m.; 
Texas Commission on Environmental Quality, Central File Room Customer 
Service Center, Building E, 12100 Park 35 Circle, Austin, Texas, 78753, 
(512) 239-

[[Page 78095]]

2900, Monday through Friday 8 a.m. to 5 p.m.

SUPPLEMENTARY INFORMATION: The site to be deleted from the NPL is: Brio 
Refining, Inc. Superfund Site, Friendswood, Texas. A direct final 
deletion and a notice of intent to delete were published in the Federal 
Register on June 23, 2006 (71 FR 36015 and 36048). In these notices, 
EPA requested public comment on the proposed NPL deletion of the Site 
until July 24, 2006. During the 30-day comment period, EPA received 
correspondence offering critical comments. As a result of the critical 
comments, EPA published a Notice of Withdrawal of Direct Final Deletion 
of the Site on August 22, 2006. EPA evaluated the comments received and 
prepared a Responsiveness Summary and has concluded after a review of 
the comments that the Site does not pose a significant threat to public 
health or the environment. Copies of the Responsiveness Summary are 
available at the information repositories.
    EPA identifies sites that appear to present a significant risk to 
public health or the environment and it maintains the NPL as the active 
list of these sites. As described in 40 CFR 300.425(e)(3), any site 
deleted from the NPL remains eligible for remedial action in the 
unlikely event that conditions at a site warrant such action. Deletion 
of a site from the NPL does not affect the liability of potentially 
responsible parties nor does it impede EPA efforts to recover costs 
associated with response efforts.

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: December 20, 2006.
Richard E. Greene,
Regional Administrator, Region 6.

0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
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]

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2. Table 1 of Appendix B to Part 300 is amended under Texas (``TX'') by 
removing the entry for ``Brio Refining, Inc.''.
[FR Doc. E6-22298 Filed 12-27-06; 8:45 am]
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