[Federal Register Volume 89, Number 46 (Thursday, March 7, 2024)]
[Proposed Rules]
[Pages 16498-16504]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-04778]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 300
[EPA-HQ-OLEM-2024-0066, 0067 and 0068; FRL-11724-01-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 May 6, 2024.
ADDRESSES: Identify the appropriate docket number from the table below.
Docket Identification Numbers by Site
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Site name City/county, state Docket ID No.
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Afterthought Mine........... Bella Vista, CA..... EPA-HQ-OLEM-2024-006
6.
Gelman Sciences Inc......... Ann Arbor, MI....... EPA-HQ-OLEM-2024-006
7.
Upper Columbia River........ Upper Columbia EPA-HQ-OLEM-2024-006
River, WA. 8.
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You may send comments, identified by the appropriate docket number,
by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
Agency Website: https://www.epa.gov/superfund/current-npl-updates-new-proposed-npl-sites-and-new-npl-sites; scroll down to the
site for which you would like to submit comments and click the
``Comment Now'' link.
[[Page 16499]]
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Superfund Docket, Mail Code 28221T, 1200 Pennsylvania Avenue
NW, Washington, DC 20460.
Hand Delivery or Courier (by scheduled appointment only):
EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution
Avenue NW, Washington, DC 20004. The Docket Center's hours of
operations are 8:30 a.m.-4:30 p.m., Monday-Friday (except Federal
holidays).
Instructions: All submissions received must include the appropriate
Docket ID No. for site(s) for which you are submitting comments.
Comments received may be posted without change to https://www.regulations.gov/, including any personal information provided. For
detailed instructions on sending comments and additional information on
the rulemaking process, see the ``Public Review/Public Comment''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Terry Jeng, Site Assessment and Remedy
Decisions Branch, Assessment and Remediation Division, Office of
Superfund Remediation and Technology Innovation (Mail code 5204T), U.S.
Environmental Protection Agency; 1301 Constitution Avenue NW,
Washington, DC 20460, telephone number: (202) 566-1048, email address:
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Review/Public Comment
A. May I review the documents relevant to this proposed rule?
B. What documents are available for public review at the EPA
Headquarters docket?
C. What documents are available for public review at the EPA
regional dockets?
D. How do I access the documents?
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?
II. 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?
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. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health and Safety Risks
H. Executive Order 13211: Actions That Significantly Affect
Energy Supply, Distribution, or Use
I. National Technology Transfer and Advancement Act (NTTAA)
J. Executive Order 12898: Federal Actions To Address
Environmental Justice in Minority Populations and Low-Income
Populations
I. 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. An electronic version of the public docket is
available through https://www.regulations.gov (see table above for
docket identification numbers). Although not all docket materials may
be available electronically, you may still access any of the publicly
available docket materials through the docket facilities.
B. What documents are available for public review at the EPA
Headquarters docket?
The Headquarters docket for this proposed rule contains the
following information for the sites proposed in this rule: Hazard
Ranking System (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. These documents are also available online at https://www.regulations.gov.
C. 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.
D. How do I access the documents?
You may view the primary documents that support this proposed rule
online at https://www.regulations.gov or by contacting the EPA HQ
docket. You may view the primary documents plus the references by
contacting the regional dockets. 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 individual
regional dockets for hours. 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.
James Desir, Region 2 (NJ, NY, PR, VI), U.S. EPA, 290
Broadway, New York, NY 10007-1866; (212) 637-4342.
Lorie Baker, Region 3 (DE, DC, MD, PA, VA, WV), U.S. EPA,
4 Penn Center, 1600 John F. Kennedy Boulevard, Mail code 3SD12,
Philadelphia, PA 19103; (315) 814-3355.
Sandra Bramble, Region 4 (AL, FL, GA, KY, MS, NC, SC, TN),
U.S. EPA, 61 Forsyth Street SW, Mail code 9T25, Atlanta, GA 30303;
(404) 562-8926.
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.
Michelle Delgado-Brown, Region 6 (AR, LA, NM, OK, TX),
U.S. EPA, 1201 Elm Street, Suite 500, Mail code SED, Dallas, TX 75270;
(214) 665-3154.
Kumud Pyakuryal, Region 7 (IA, KS, MO, NE), U.S. EPA,
11201 Renner Blvd., Mail code SUPRSTAR, Lenexa, KS 66219; (913) 551-
7956.
David Fronczak, Region 8 (CO, MT, ND, SD, UT, WY), U.S.
EPA, 1595 Wynkoop Street, Mail code 8SEM-EM-P, Denver, CO 80202-1129;
(303) 312-6096.
Leslie Ramirez, Region 9 (AZ, CA, HI, NV, AS, GU, MP),
U.S. EPA, 75 Hawthorne Street, Mail code SFD-6-1, San Francisco, CA
94105; (415) 972-3978.
[[Page 16500]]
Brandon Perkins, Region 10 (AK, ID, OR, WA), U.S. EPA,
1200 Sixth Avenue, Mail code 13-J07, Seattle, WA 98101; (206) 553-6396.
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 them, oversized maps may be
viewed only in-person. The EPA dockets are not equipped to copy and
mail out such maps, nor are they equipped to scan them for electronic
distribution.
You may use the docket at https://www.regulations.gov to access
documents in the Headquarters docket. Please note that there are
differences between the Headquarters docket and the regional dockets,
and those differences are outlined in this preamble above.
E. How do I submit my comments?
Follow the online instructions detailed above in the ADDRESSES
section for submitting comments. Once submitted, comments cannot be
edited or removed from the docket. 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.
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 (D.C. 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
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,
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.
II. 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
[[Page 16501]]
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.
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
[[Page 16502]]
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, Office of Solid Waste and Emergency
Response (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#reuse.
K. What is State/Tribal correspondence concerning NPL listing?
In order to maintain close coordination with States and tribes in
the NPL listing decision process, the EPA's policy is to determine the
position of the States and tribes regarding sites that the EPA is
considering for listing. This consultation process is outlined in two
memoranda that can be found at the following website: https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing.
The EPA has improved the transparency of the process by which State
and Tribal input is solicited. The EPA is using the Web and where
appropriate more structured State and Tribal correspondence that: (1)
Explains the concerns at the site and the EPA's rationale for
proceeding; (2) requests an explanation of how the State intends to
address the site if placement on the NPL is not favored; and (3)
emphasizes the transparent nature of the process by informing States
that information on their responses will be publicly available.
A model letter and correspondence between the EPA and States and
tribes where applicable, is available on the EPA's website at https://www.epa.gov/superfund/statetribal-correspondence-concerning-npl-site-listing.
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
rulemaking are being proposed for NPL addition based on an HRS score of
28.50 or above.
The sites are presented in the table below.
General Superfund Section
------------------------------------------------------------------------
State Site name City/county
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CA.................. Afterthought Mine....... Bella Vista.
MI.................. Gelman Sciences Inc..... Ann Arbor.
WA.................. Upper Columbia River.... Upper Columbia River.
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[[Page 16503]]
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. 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.
C. 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.
D. 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
E. 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.
F. 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.
G. 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.
H. 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.
I. National Technology Transfer and Advancement Act (NTTAA)
This rulemaking does not involve technical standards.
J. 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.
Barry N. Breen,
Principal Deputy Assistant Administrator, Office of Land and Emergency
Management.
For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 300 as follows:
PART 300--NATIONAL OIL AND HAZARDOUS SUBSTANCES POLLUTION
CONTINGENCY PLAN
0
1. The authority citation for part 300 continues to read as follows:
Authority: 33 U.S.C. 1251 et seq.; 42 U.S.C. 9601-9657; E.O.
13626, 77 FR 56749, 3 CFR, 2013 Comp., p. 306; E.O. 12777, 56 FR
54757, 3 CFR, 1991 Comp., p. 351; E.O. 12580, 52 FR 2923, 3 CFR,
1987 Comp., p. 193.
0
2. Amend table 1 of appendix B to part 300 by adding the entries for
``CA, Afterthought Mine'', ``MI, Gelman Sciences Inc'', and ``WA, Upper
Columbia River'' in alphabetical order by State to read as follows:
Appendix B to Part 300--National Priorities List
[[Page 16504]]
Table 1--General Superfund Section
------------------------------------------------------------------------
State Site name City/county Notes \a\
------------------------------------------------------------------------
* * * * * * *
CA................... Afterthought Bella Vista....
Mine.
* * * * * * *
MI................... Gelman Sciences Ann Arbor......
Inc.
* * * * * * *
WA................... Upper Columbia Upper Columbia
River. River.
* * * * * * *
------------------------------------------------------------------------
\a\ A = Based on issuance of health advisory by Agency for Toxic
Substances and Disease Registry (if scored, HRS score need not be
greater than or equal to 28.50).
S = State top priority (included among the 100 top priority sites
regardless of score).
P = Sites with partial deletion(s).
* * * * *
[FR Doc. 2024-04778 Filed 3-6-24; 8:45 am]
BILLING CODE 6560-50-P