15972 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 

79 FR 60985). In our rulemaking that 

was finalized on October 9, 2014 we 

overlooked an opportunity to act on a 

portion of the June 12, 2009 SIP 

submittal pertaining to interstate 

transport of air pollution and visibility 

protection. Because New Mexico has a 

fully approved Regional Haze SIP and 

Visibility Transport SIP, we propose to 

approve this portion of the June 12, 

2009 SIP submittal and find that New 

Mexico meets the CAA 110(a)(2)(D)(i)(II) 

visibility protection requirement for the 

2006 PM2.5 NAAQS. 

V. Proposed Action 

EPA is proposing to approve the 

August 27, 2013 and March 12, 2014, 

infrastructure SIP submissions from 

New Mexico, which address the 

requirements of CAA sections 110(a)(1) 

and (2) as applicable to the 2008 O3 and 

2010 NO2 NAAQS. Specifically, EPA is 

proposing to approve the following 

infrastructure elements, or portions 

thereof: 110(a)(2)(A), (B), (C), (D)(i)(II), 

(D)(ii), (E), (F), (G), (H), (J), (K), (L), and 

(M). As discussed in applicable sections 

of this rulemaking, EPA is not proposing 

action on section 110(a)(2)(I)— 

Nonattainment Area Plan or Plan 

Revisions Under Part D, nor on the 

visibility protection portion of section 

110(a)(2)(J). Based upon review of the 

state’s infrastructure SIP submissions 

and relevant statutory and regulatory 

authorities and provisions referenced in 

these submissions or referenced in New 

Mexico’s SIP, EPA believes that New 

Mexico has the infrastructure in place to 

address all applicable required elements 

of sections 110(a)(1) and (2) (except 

otherwise noted) to ensure that the 2008 

O3 and 2010 NO2 NAAQS are 

implemented in the state. 

We are also proposing to approve the 

visibility protection portion of the June 

12, 2009 SIP submittal and find that the 

New Mexico Visibility SIP meets the 

CAA 110(a)(2)(D)(i)(II) requirement for 

the 2006 PM2.5 NAAQS. 

VI. Incorporation by Reference 

In this action, we are proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.4, we are 

proposing to incorporate by reference 

revisions to the New Mexico SIP 

regulations as described in the Proposed 

Action section above. We have made, 

and will continue to make, these 

documents generally available 

electronically through 

www.regulation.gov and/or in hard copy 

at the appropriate EPA office (see the 

ADDRESSES section of this preamble for 

more information). 

VII. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

Federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, EPA’s role is to approve 

state choices, provided that they meet 

the criteria of the Clean Air Act. 

Accordingly, this action merely 

proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR3821, 

January 21, 2011); 

• does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• does not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• is not an economically significant 

regulatory action based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• does not provide EPA with the 

discretionary authority to address, as 

appropriate, disproportionate human 

health or environmental effects, using 

practicable and legally permissible 

methods, under Executive Order 12898 

(59 FR 7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the proposed rule does not 

have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Interstate transport of pollution, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Visibility. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: March 13, 2015. 

Ron Curry, 

Regional Administrator, Region 6. 

[FR Doc. 2015–06932 Filed 3–25–15; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 300 

[EPA–HQ–SFUND–2015–0136, 0137, 0138, 

0139, 0140 and 0141; FRL 9924–31–OSWER] 

National Priorities List 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

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 

six 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 26, 2015. 

ADDRESSES: Identify the appropriate 

docket number from the table below. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 15973 

DOCKET IDENTIFICATION NUMBERS BY SITE

Site name City/county, state Docket ID No. 

Estech General Chemical Company ........................................................ Calumet City, IL .............................. EPA–HQ–SFUND–2015–0136. 

Colonial Creosote ..................................................................................... Bogalusa, LA .................................. EPA–HQ–SFUND–2015–0137. 

BJAT LLC ................................................................................................. Franklin, MA ................................... EPA–HQ–SFUND–2015–0138. 

Anaconda Aluminum Co Columbia Falls Reduction Plant ....................... Columbia Falls, MT ........................ EPA–HQ–SFUND–2015–0139. 

Main Street Ground Water Plume ............................................................ Burnet, TX ...................................... EPA–HQ–SFUND–2015–0140. 

Grain Handling Facility at Freeman .......................................................... Freeman, WA ................................. EPA–HQ–SFUND–2015–0141. 

Submit your comments, identified by 

the appropriate docket number, by one 

of the following methods: 

• http://www.regulations.gov Follow 

the online instructions for submitting 

comments. 

• Email: http://superfund.docket@

epa.gov. 

• Mail: Mail comments (no facsimiles 

or tapes) to Docket Coordinator, 

Headquarters; U.S. Environmental 

Protection Agency; CERCLA Docket 

Office; (Mailcode 5305T); 1200 

Pennsylvania Avenue NW., Washington, 

DC 20460. 

• Hand Delivery or Express Mail: 

Send comments (no facsimiles or tapes) 

to 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. Such 

deliveries are accepted only during the 

docket’s normal hours of operation (8:30 

a.m. to 4:30 p.m., Monday through 

Friday, excluding federal holidays). 

Instructions: Direct your comments to 

the appropriate docket number (see 

table above). The EPA’s policy is that all 

comments received will be included in 

the public docket without change and 

may be made available online at http:// 

www.regulations.gov including any 

personal information provided, unless 

the comment includes information 

claimed to be confidential business 

information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through http://

www.regulations.gov or email. The 

http://www.regulations.gov Web site is 

an ‘‘anonymous access’’ system; that 

means the EPA will not know your 

identity or contact information unless 

you provide it in the body of your 

comment. If you send an email 

comment directly to the EPA without 

going through http://

www.regulations.gov your email address 

will be automatically captured and 

included as part of the comment that is 

placed in the public docket and made 

available on the Internet. If you submit 

an electronic comment, the EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. If the EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, the EPA may not 

be able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 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: jeng.terry@epa.gov 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 Headquarters docket? 

D. What documents are available for public 

review at the 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. 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. 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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

15974 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 

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. The revised HRS evaluates four 

pathways: Ground water, surface water, 

soil exposure 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) 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’’ (40 CFR 300.5). 

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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 15975 

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 above, 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 Superfundfinanced 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 the most upto-date information on the CCL, see the 

EPA’s Internet site at http:// 

www.epa.gov/superfund/cleanup/ 

ccl.htm 

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-forReuse 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 http://www.epa.gov/superfund/ 

programs/recycle/pdf/sitewide_a.pdf 

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 Web site: http://www.epa.gov/ 

superfund/sites/npl/hrsres/policy/ 

govlet.pdf 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 

Web site at http://www.epa.gov/ 

superfund/sites/query/queryhtm/ 

nplstcor.htm 

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 http:// 

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 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

15976 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 

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. 

• Jennifer Wendel, Region 4 (AL, FL, 

GA, KY, MS, NC, SC, TN), U.S. EPA, 61 

Forsyth Street SW., Mailcode 9T25, 

Atlanta, GA 30303; 404/562–8799. 

• 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. 

• Preston Law, Region 7 (IA, KS, MO, 

NE), U.S. EPA, 11201 Renner Blvd., 

Mailcode SUPRERNB, Lenexa, KS 

66219; 913/551–7097. 

• Sabrina Forrest, Region 8 (CO, MT, 

ND, SD, UT, WY), U.S. EPA, 1595 

Wynkoop Street, Mailcode 8EPR–B, 

Denver, CO 80202–1129; 303/312–6484. 

• 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 either copy and mail out such maps 

or scan them and send them out 

electronically. 

You may use the docket at http:// 

www.regulations.gov to access 

documents in the Headquarters docket 

(see instructions included in the 

ADDRESSES section above). Please note 

that there are differences between the 

Headquarters docket and the regional 

dockets and those differences are 

outlined below. 

C. What documents are available for 

public review at the 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 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 (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 http://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. 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 15977 

III. Contents of This Proposed Rule 

A. Proposed Additions to the NPL 

In this proposed rule, the EPA is 

proposing to add six 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 

IL .................. Estech General Chemical Company ................................................................................................................. Calumet City. 

LA ................ Colonial Creosote .............................................................................................................................................. Bogalusa. 

MA ............... BJAT LLC ........................................................................................................................................................... Franklin. 

MT ................ Anaconda Aluminum Co Columbia Falls Reduction Plant ................................................................................ Columbia Falls. 

TX ................ Main Street Ground Water Plume ..................................................................................................................... Burnet. 

WA ............... Grain Handling Facility at Freeman ................................................................................................................... Freeman. 

IV. Statutory and Executive Order 

Reviews 

Additional information about these 

statutes and Executive Orders can be 

found at http://www2.epa.gov/lawsregulations/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, 

mstockstill on DSK4VPTVN1PROD with PROPOSALS

15978 Federal Register / Vol. 80, No. 58 / Thursday, March 26, 2015 / Proposed Rules 

Reporting and recordkeeping 

requirements, Superfund, Water 

pollution control, Water supply. 

Authority: 42 U.S.C. 9601–9657; 33 U.S.C. 

1321(d); E.O. 11735, 38 FR 21243; E.O. 

12580, 52 FR 2923; E.O. 12777, 56 FR 54757. 

Dated: March 16, 2015. 

Mathy Stanislaus, 

Assistant Administrator, Office of Solid Waste 

and Emergency Response. 

[FR Doc. 2015–06728 Filed 3–25–15; 8:45 am] 

BILLING CODE 6560–50–P 

mstockstill on DSK4VPTVN1PROD with PROPOSALS